Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:50 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, Psalm 19 brings us marvelous wisdom. Listen, verse 7, to the following:
"The law of the Lord is perfect reviving the soul... the commandment of the Lord is clear, enlightening the eyes.
More to be desired are they than gold, even much fine gold; sweeter also than honey, and drippings of the honeycomb."
Let us pray.
Father, we thank You for what we have learned in a few days of living through snow and ice and winter's storms and now today basking in the warmth of the sunshine.
We cannot overcome, or veto, the laws of nature. We must cooperate. We must work together. Nature is a great challenge!
Take us quickly, Father, into Your realm of spiritual truths and values. Help us to realize that we transgress or violate them at our peril.
We do not break the Ten Commandments, but we can break ourselves by trying to ignore them.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:55 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
(R183, S208 (Word version)) -- Senators McConnell, Moore, Malloy and Waldrep: AN ACT THE SENATE AND THE HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 3, 2004, AT 12:00 NOON, TO ELECT SUCCESSORS TO THE SEVEN-MEMBER PUBLIC SERVICE COMMISSION WHOSE CURRENT TERMS EXPIRED JUNE 30, 2002. (ABBREVIATED TITLE)
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, First District. Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. James T. Feldman, Ms. Blondelle E. Grant, Mr. John "Butch" Howard, Ms. Linda Smith Mock and Mr. William Saunders had been screened and found qualified to serve.
On motion of Representative Kennedy, the names of Mr. James T. Feldman, Ms. Blondelle E. Grant, Mr. John "Butch" Howard and Ms. Linda Smith Mock were placed in nomination.
On motion of Representative Kennedy, the name of Mr. William Saunders was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate and the
Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Feldman:
The following named Senators voted for Ms. Grant:
The following named Senators voted for Mr. Howard:
Alexander Branton Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Smith, J. Verne Thomas Verdin Waldrep
The following named Senators voted for Ms. Mock:
On motion of Rep. Kirsh, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Feldman:
The following named Representatives voted for Ms. Grant:
The following named Representatives voted for Mr. Howard:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman Hines, J. Hinson Howard Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller Neal, J.H. Neilson Ott Owens Perry Phillips Pinson Pitts, E. Pitts, M. Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Ms. Mock:
Total number of Senators voting 36
Total number of Representatives voting 108
Grand Total 144
Necessary to a choice 73
Of which Mr. Feldman received 0
Of which Ms. Grant received 0
Of which Mr. Howard received 144
Of which Ms. Mock received 0
Whereupon, the PRESIDENT announced that the Honorable John "Butch" Howard was elected to the Public Service Commission, First District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Second District.
Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. James B. Atkins and Mr. David A. Wright had been screened and found qualified to serve.
On motion of Representative Kennedy, the name of Mr. James B. Atkins was withdrawn from consideration.
On motion of Representative Kennedy, the name of Mr. David A. Wright was placed in nomination.
Representative Kennedy moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable David A. Wright was elected to the Public Service Commission, Second District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Third District.
Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. James M. Cole, Mr. David L. Dougherty, Mr. W. Patrick Flack, Mr. Michael L. Kernells and Mr. Randy Mitchell had been screened and found qualified to serve.
On motion of Representative Kennedy, the names of Mr. James M. Cole and Mr. David L. Dougherty were withdrawn from consideration.
On motion of Representative Kennedy, the names of Mr. W. Patrick Flack, Mr. Michael L. Kernells and Mr. Randy Mitchell were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the
Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Flack:
The following named Senators voted for Mr. Kernells:
O'Dell
The following named Senators voted for Mr. Mitchell:
Alexander Anderson Branton Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
On motion of Rep. Kirsh, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Flack:
The following named Representatives voted for Mr. Kernells:
Duncan Hosey Lloyd Parks Pinson Pitts, M.
The following named Representatives voted for Mr. Mitchell:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neilson Ott Owens Phillips Pitts, E. Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Total number of Senators voting 43
Total number of Representatives voting 116
Grand Total 159
Necessary to a choice 80
Of which Mr. Flack received 0
Of which Mr. Kernells received 7
Of which Mr. Mitchell received 152
Whereupon, the PRESIDENT announced that the Honorable Randy Mitchell was elected to the Public Service Commission, Third District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Fourth District.
Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. David A. Brannon, Mr. Ronald H. Blanchard, Ms. Elizabeth B. "Lib" Fleming, Mr. Daniel Paul Hamilton, Mr. Eugene B. Johnston and Mr. Walter C. Robinson III had been screened and found qualified to serve.
On motion of Representative Kennedy, the names of Mr. David A. Brannon, Mr. Eugene B. Johnston and Mr. Walter C. Robinson III were withdrawn from consideration.
On motion of Representative Kennedy, the names of Mr. Ronald H. Blanchard, Ms. Elizabeth B. "Lib" Fleming and Mr. Daniel Paul Hamilton were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the
Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Blanchard:
Anderson Elliott O'Dell Reese
The following named Senators voted for Ms. Fleming:
Alexander Branton Cromer Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Pinckney Rankin Ravenel Richardson Ritchie Ryberg Setzler Sheheen Short Waldrep
The following named Senators voted for Mr. Hamilton:
Fair Smith, J. Verne Thomas Verdin
On motion of Rep. Kirsh, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Blanchard:
The following named Representatives voted for Ms. Fleming:
Anthony Bailey Battle Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Duncan Emory Freeman Frye Gourdine Govan Hagood Harrell Harvin Hayes Herbkersman Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Kirsh Koon Lee Littlejohn Lloyd Lourie Mahaffey Martin McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neilson Ott Owens Parks Perry Phillips Pinson Pitts, E. Pitts, M. Rhoad Richardson Rivers Rutherford Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Toole Townsend Umphlett Walker Weeks Whipper Whitmire
The following named Representatives voted for Mr. Hamilton:
Allen Altman Bales Barfield Bingham Cato Clemmons Delleney Edge Gilham Hamilton Harrison Haskins Huggins Keegan Leach Limehouse Loftis Lucas McGee Merrill Quinn Rice Sandifer Scarborough Scott Smith, G.R. Taylor Thompson Tripp Trotter Vaughn Viers White Wilkins Witherspoon
Total number of Senators voting 43
Total number of Representatives voting 119
Grand Total 162
Necessary to a choice 82
Of which Mr. Blanchard received 4
Of which Ms. Fleming received 118
Of which Mr. Hamilton received 40
Whereupon, the PRESIDENT announced that the Honorable Elizabeth B. "Lib" Fleming was elected to the Public Service Commission, Fourth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Fifth District.
Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. H. Clay Carruth, Mr. G. O'Neal Hamilton and Mr. Joe R. Richardson had been screened and found qualified to serve.
On motion of Representative Kennedy, the names of Mr. H. Clay Carruth and Mr. Joe R. Richardson were withdrawn from consideration.
On motion of Representative Kennedy, the name of Mr. G. O'Neal Hamilton was placed in nomination.
Representative Kennedy moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable G. O'Neal Hamilton was elected to the Public Service Commission, Fifth District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Sixth District. Representative Kennedy, Chairman of the Screening Committee, indicated that Ms. Mignon L. Clyburn and Mr. Leo Earl Dawkins had been screened and found qualified to serve.
On motion of Representative Kennedy, the name of Mr. Leo Earl Dawkins was withdrawn from consideration.
On motion of Representative Kennedy, the name of Ms. Mignon L. Clyburn was placed in nomination.
Representative Kennedy moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mignon L. Clyburn was elected to the Public Service Commission, Sixth District, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, At-Large. Representative Kennedy, Chairman of the Screening Committee, indicated that Mr. John Holloway Drummond and Mr. Robert C. Moseley had been screened and found qualified to serve. On motion of Representative Kennedy, the name of Mr. John H. Drummond was withdrawn from consideration.
On motion of Representative Kennedy, the name of Mr. Robert Moseley was placed in nomination.
Representative Kennedy moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Robert Moseley was elected to the Public Service Commission, At-Large position for the term prescribed by law.
Subsequent to the election to the Public Service Commission, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4780 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 3, 2004, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL TO SUCCEED THE HONORABLE DILL BLACKWELL WHOSE TERM HAS EXPIRED.
The PRESIDENT announced that nominations were in order to elect a successor to the position on the Legislative Audit Council.
Representative Harrison indicated that Mr. Dill Blackwell had been screened and found qualified to serve.
On motion of Representative Harrison, the name of Mr. Blackwell was placed in nomination.
Representative Harrison moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Dill Blackwell was elected to the Legislative Audit Council for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.
At 12:48 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Clarendon County Master-in-Equity, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
William C. Coffey, Jr., P.O. Box 1292, Manning, S.C. 29102
Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
6th Congressional District
Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477
Referred to the 6th Congressional District.
Senator MESCHER introduced Dr. Andrew Pate of Daniel Island, S.C., Doctor of the Day.
On motion of Senator PEELER at 2:30 P.M. Senator LEATHERMAN was granted a leave of absence for the balance of the day.
H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
The Report of the Committee of Conference was taken up for immediate consideration as follows and was subsequently laid on the table:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 6/4/03--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-3910. (A) The operator of a motor vehicle equipped with interior lights, when stopped by a law enforcement officer from a half hour after sunset to a half hour before sunrise, must, upon request of the officer:
(1) activate the vehicle's interior lights; and
(2) open the vehicle's front window.
(B) A person who willfully violates this provision must be fined twenty-five dollars. A violation of this provision does not constitute a criminal offense, and must not be included in the person's motor vehicle records."
SECTION 2. This act takes effect six months after approval by the Governor. /
Amend title to conform.
/s/ Sen. W. Greg Ryberg /s/ Rep. Catherine Ceips /s/ Sen. Scott H. Richardson /s/ Rep. Phillip Owens /s/ Sen. Luke A. Rankin /s/ Rep. Joel Lourie On Part of the Senate. On Part of the House.
Senator RYBERG explained the Conference Report.
Senator McCONNELL argued contra to the adoption of the report.
Senator McCONNELL moved to lay the report on the table.
The Report of the Committee of Conference was laid on the table, and a message was sent to the House accordingly.
The following were introduced:
S. 1025 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
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Senator RICHARDSON spoke on the Bill.
Senator RICHARDSON asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator HUTTO objected.
Read the first time and referred to the Committee on Transportation.
At 2:46 P.M., Senator MARTIN assumed the Chair.
S. 1026 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
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Read the first time and referred to the Committee on Finance.
S. 1027 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING FREESTANDING OR MOBILE TECHNOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1028 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MANUFACTURE, DISTRIBUTION AND SALE OF FROZEN DAIRY FOODS AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2857, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1029 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1030 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AS A "STATE OF CHARACTER", ENCOURAGING CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES, AND TO RECOGNIZE MARCH 21, 2004, AS "STATE OF CHARACTER DAY".
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Senator HUTTO spoke on the Resolution.
On motion of Senator HUTTO, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1031 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE NO CHILD LEFT BEHIND ACT IMMEDIATELY TO INCLUDE A MECHANISM FOR AN AUTOMATIC WAIVER FROM ITS PROVISIONS FOR SCHOOL ACCOUNTABILITY FOR STATES SIMILAR TO SOUTH CAROLINA THAT HAVE SUCCESSFULLY INCREASED STUDENT ACHIEVEMENT THROUGH THEIR OWN STANDARDS AND ACCOUNTABILITY REFORMS.
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Senator FORD asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RICHARDSON objected.
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts, Viers, Martin and Miller: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
Read the first time and referred to the Committee on Judiciary.
H. 3702 (Word version) -- Reps. White, Hosey, Bowers, G. Brown, Chellis, Clark, Duncan, Hagood, Herbkersman, Leach, McGee, Owens, Pinson, E. H. Pitts, M. A. Pitts, Richardson, Rivers, Sandifer, Sinclair, Taylor, Tripp, Trotter, Umphlett, Whitmire, Young, Coates and Delleney: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE FOR THE RIGHT OF THE PEOPLE TO HUNT, FISH, AND TAKE GAME.
Read the first time and referred to the Committee on Judiciary.
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: 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.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4573 (Word version) -- Reps. Vaughn and Altman: A JOINT RESOLUTION TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DUTIES, AND TERM OF THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO INCREASE ITS TERM OF EXISTENCE TO AUGUST 1, 2007.
Read the first time and referred to the Committee on Judiciary.
H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M. A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
Read the first time and referred to the Committee on Judiciary.
H. 4859 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM AND HEAD COACH LANCE ABERNATHY AND HIS STAFF FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AA/A STATE WRESTLING CHAMPIONSHIP COMPETITION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4861 (Word version) -- Reps. Cobb-Hunter, Ott, Govan, Rhoad, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF F. HALL YARBOROUGH, A FORMER COLLEAGUE AND ALWAYS A STATESMAN AND A GENTLEMAN, AND RECOGNIZING HIS LEGACY OF FISCAL ACCOUNTABILITY FOR THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4862 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2004.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4865 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" AND THEIR HEAD COACH, BOB CROWLEY, ON WINNING THE 2003 CLASS AAAA GIRLS CROSS COUNTRY STATE CHAMPIONSHIP MEET AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4866 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM AND HEAD COACH KENNY WALKER AND HIS STAFF FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE WRESTLING CHAMPIONSHIP COMPETITION.
The Concurrent Resolution was adopted, ordered returned to the House.
At 2:54 P.M., the PRESIDENT assumed the Chair.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Senator FAIR from the Committee on Corrections and Penology polled out H. 3762 favorable:
H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.
AYES
Fair Thomas Giese Patterson Ford Glover Gregory Anderson Branton Hawkins Pinckney Ravenel Malloy Short
Ryberg Leatherman Courson
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 4415 (Word version) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J.H. Neal, Quinn, Rutherford, Scott and J.E. Smith: A BILL TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 4743 (Word version) -- Reps. Miller, Harvin, R. Brown and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 17 FROM THE TOWN LIMITS OF AWENDAW TO THE TOWN LIMITS OF MCCLELLANVILLE IN HONOR OF THE LATE JAMES MITCHELL "MITCH" GRAHAM WHO WAS ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND WHO WAS INSTRUMENTAL IN THE FOUNDING OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES AMONG OTHER ACHIEVEMENTS.
Ordered for consideration tomorrow.
S. 1017 (Word version) -- Senators Branton, Hutto, Grooms, Alexander, Anderson, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hawkins, Hayes, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND WALTER M. BAILEY, JR. FOR HIS DEDICATION TO SERVING THE PEOPLE OF DORCHESTER, ORANGEBURG, AND CALHOUN COUNTIES AND HIS UNWAVERING CONVICTIONS AS SOLICITOR OF THE FIRST JUDICIAL CIRCUIT UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
Columbia, S.C., January 13, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
6th Congressional District
Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Clarendon County Master-in-Equity, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
William C. Coffey, Jr., P.O. Box 1292, Manning, S.C. 29102
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
Senator RICHARDSON explained the Bill.
S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
S. 827 (Word version) -- Senators McConnell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
S. 869 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO SPECIFY EXPERIENCE REQUIRED TO QUALIFY FOR LICENSURE AS A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR, TO PROHIBIT LICENSURE OF A PERSON WHO HAS BEEN CONVICTED OF A CRIME RELATED TO THE PRACTICE OF NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATION, TO DELETE SPECIFIC FEES AND REQUIRE FEES TO BE PROMULGATED IN REGULATION, TO FURTHER SPECIFY ACTS OF MISCONDUCT, TO SPECIFY THE AMOUNT OF CIVIL FINES THAT MAY BE IMPOSED GENERALLY AND SPECIFICALLY FOR UNLAWFUL PRACTICE, TO FURTHER PROVIDE FOR THE REGULATION OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, AND TO MAKE TECHNICAL CORRECTIONS.
S. 888 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".
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.
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.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 4037 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY IF ITS LOCATION IS DIFFERENT.
The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 1020 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO FAILURE TO APPEAR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1021 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO BURGLAR ALARM SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1022 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, OFFICE OF OCCUPATIONAL SAFETY AND HEALTH, RELATING TO RECORDKEEPING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2870, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
S. 638 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 687 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, 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 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.
On motion of Senator SHORT, with unanimous consent, the Bill was carried over.
S. 883 (Word version) -- Senators Fair, Ryberg, Waldrep, Short, Thomas, Mescher, Verdin and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO ALLOW A COURT TO LIMIT THE NUMBER OF LAWSUITS FILED AGAINST A PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
On motion of Senator FAIR, with unanimous consent, the Bill was carried over.
H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W.D. Smith, Weeks, J.E. Smith, Edge and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator KUHN proposed the following amendment (MS\ 7172CM04):
Amend the bill, as and if amended, amend the Report of the Committee on Judiciary as recommended by striking the Report in its entirety and inserting:
/ SECTION 1. Section 14-23-1040 of the 1976 Code is amended to read:
"Section 14-23-1040. (A) No A person is not eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained a four-year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full-time probate judge or associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B) The provisions of this section do not apply to a person holding the office of probate judge as of July 1, 2004, during the person's tenure in office. Tenure in office continues at the expiration of a term if the person is reelected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection."
SECTION 2. This act takes upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
On motion of Senator KUHN, with unanimous consent, the Bill was carried over.
BY PRIOR MOTION, THE SENATE PROCEEDED TO A CONSIDERATION OF S. 356.
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 Bill was returned from the House with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator HUTTO argued in favor of concurrence in the House amendments.
At 3:56 P.M., Senator MARTIN assumed the Chair.
Senator J. VERNE SMITH spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
Senator McCONNELL argued contra to concurrence in the House amendments.
At 4:54 P.M., Senator RITCHIE assumed the Chair.
Senator McCONNELL continued arguing contra to concurrence in the House amendments.
Senator MOORE asked unanimous consent to make a motion, with Senator McCONNELL retaining the floor, that the Senate stand adjourned.
Senator RYBERG objected.
Senator McCONNELL continued arguing contra to concurrence in the House amendments.
On motion of Senator MARTIN, with unanimous consent, consideration was interrupted by adjournment with Senator McCONNELL retaining the floor.
Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Reappointment, Clarendon County Master-in-Equity, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
William C. Coffey, Jr., P.O. Box 1292, Manning, S.C. 29102
Having received a favorable report from the 6th Congressional District, the following appointment was confirmed in open session:
Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
6th Congressional District
Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477
On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Representative F. Hall Yarborough, age 82, of Orangeburg, S.C. Mr. Yarborough, an attorney and farmer, served in the House of Representatives from 1956-74. Known for his fiscal accountability, he led the way to the creation of the Legislative Audit Council.
At 5:16 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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