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, St. Matthew gives us a bit of enlightenment... Chapter 25:1f:

"Then the kingdom of heaven will be like this. Ten bridesmaids took their lamps and went to meet the bridegroom. Five of them were foolish and five were wise. When the foolish took their lamps, they took no oil with them; but the wise took flasks of oil with their lamps."
Let us pray.

Father, we see that the difference between the wise and the foolish was the difference in being prepared for short-term and immediate needs but not for long-term and unforeseen emergencies.

Grant to us, dear Lord, that we may be able to meet our challenges not only with adequate economic resources but also with such resourcefulness of character that will enable us to meet sudden good fortune as well as long-term responsibility.

Help us to take into each new day the spirit of joyous expectancy reminiscent of the experience of the bridesmaids when they heard at midnight the cry, "The bridegroom is here!"
Amen!

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

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

Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

William E. Lynch, P. O. Box 5655, Greenville, S.C. 29606 VICE Jeffrey Phillips

Reappointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

William Donald Owens, 124 Vandiventer Dr., Greer, S.C. 29650

Senator MALLOY introduced Dr. John Nobles of Bennetsville, S.C., Doctor of the Day.

On motion of Senator RITCHIE at 11:05 A.M. Senator WALDREP was granted a leave of absence for today.

At 11:15 A.M., Senator FORD requested a leave of absence beginning at 1:00 P.M. today and lasting until Tuesday at Noon.

At 11:50 A.M., Senator CROMER requested a leave of absence from 12:30 - 6:00 P.M. today.

At 12:10 P.M., Senator HUTTO requested a leave of absence from March 10 - 14, 2004.

At 1:00 P.M., Senator RYBERG requested a leave of absence on Thursday, March 11, 2004 until 6:00 P.M.

At 1:50 P.M., Senator BRANTON requested a leave of absence beginning at 3:00 P.M. and lasting until Tuesday at Noon.

Senator LEATHERMAN, Chairman of the Committee on Finance, was granted leave to give a status report to the Senate regarding the Medicaid budget.

Senator THOMAS rose for an Expression of Personal Interest.

Senator KNOTTS rose for an Expression of Personal Interest.

Senator GROOMS rose for an Expression of Personal Interest.

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.

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

There was no objection.

The Resolution was recalled from the committee.

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

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

The following were introduced:

S. 1032 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-190 SO AS TO REQUIRE, BEGINNING FOR FISCAL YEAR 2004-2005, FIFTY PERCENT OF ANNUAL GENERAL FUND REVENUE GROWTH TO BE USED TO REDUCE THE STATE INCOME TAX, TO LIMIT ANNUAL GROWTH IN GENERAL FUND APPROPRIATIONS TO THREE PERCENT, AND TO PROVIDE FOR THE USE OF SURPLUS REVENUE CREATED BY THIS LIMITATION ON APPROPRIATIONS FOR SCHOOL CONSTRUCTION AND OTHER NONRECURRING PROJECTS AS THE GENERAL ASSEMBLY MAY DETERMINE.
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Read the first time and referred to the Committee on Finance.

S. 1033 (Word version) -- Senators Verdin, Grooms, Reese, O'Dell, Ryberg, Fair, Hawkins, Cromer, Mescher, Thomas, Ravenel, Martin and Waldrep: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE UNLAWFUL CARRYING OF PISTOLS, SO AS TO ADD AS AN EXCEPTION A PERSON RIDING ON A MOTORCYCLE WHEN THE PISTOL IS SECURED IN A CLOSED SADDLEBAG OR OTHER SIMILAR, CLOSED ACCESSORY CONTAINER ATTACHED TO THE MOTORCYCLE.
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Read the first time and referred to the Committee on Judiciary.

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

S. 1035 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CHIROPRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CHIROPRACTORS, INCLUDING FURTHER SPECIFYING THE SCOPE OF PRACTICE, REQUIRING MALPRACTICE INSURANCE, AUTHORIZING DELEGATION OF TREATMENT UNDER CERTAIN CONDITIONS, STUDENT PRECEPTOR TRAINING PROGRAMS, OUT-OF-STATE CONSULTANTS, AND LICENSURE BY ENDORSEMENT, AND PROVIDING IMMUNITY FROM LIABILITY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1036 (Word version) -- Senators Sheheen, Waldrep, Glover, Mescher, Richardson, Leventis, Reese, Drummond, Ritchie, Pinckney, Gregory, Branton, O'Dell, Grooms, Short, Malloy, Knotts, Ford, Peeler, Verdin, Setzler, Land, Hutto, Ravenel, Matthews, Jackson, Moore, Cromer, Thomas, Patterson, Fair, Alexander, McGill, Martin, Hawkins and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 13 SO AS TO ENACT THE "SOUTH CAROLINA RURAL INFRASTRUCTURE BANK ACT"; TO ESTABLISH THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK FOR THE PURPOSE OF MAKING GRANTS TO ELIGIBLE RECIPIENTS IN RURAL AREAS; TO PROVIDE FOR THE GOVERNANCE OF THE BANK; TO PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE BOARD; TO PROVIDE CRITERIA FOR THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS; TO ESTABLISH THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK TRUST FUND TO RECEIVE CERTAIN BANK REVENUES; TO PROVIDE THE CRITERIA WHICH THE BANK SHALL USE IN JUDGING APPLICATIONS FOR GRANTS; TO PROVIDE THAT CERTAIN FUNDS ARE TRANSFERRED TO THE TRUST FUND TO IMPLEMENT THE PROVISIONS OF THIS ACT; TO AUTHORIZE THE BOARD TO ESTABLISH FEES AND PROVIDE THAT CERTAIN FEES MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO TRANSFER ALL ALLIED, ADVISORY, AFFILIATED, OR RELATED ENTITIES AS WELL AS THE EMPLOYEES, FUNDS, PROPERTY, AND ALL CONTRACT RIGHTS AND OBLIGATIONS ASSOCIATED WITH THE DIVISION OF LOCAL GOVERNMENT AND THE GRANT PROGRAM IT ADMINISTERS, THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, THE STATE RURAL INFRASTRUCTURE FUND, THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, AND THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY TO AND UNDER THE EXCLUSIVE CONTROL OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK; BY ADDING SECTION 12-24-93 SO AS TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS CREDITED INSTEAD TO THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK TRUST FUND; TO AMEND SECTION 11-11-170, AS AMENDED, RELATING TO THE REVENUES PAYABLE FROM THE TOBACCO SETTLEMENT LOCAL GOVERNMENT FUND, SO AS TO PROVIDE THAT GRANTS FROM THE FUND MUST BE TO FUND GRANTS DISTRIBUTED BY THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK INSTEAD OF THE OFFICE OF LOCAL GOVERNMENT OF THE DIVISION OF REGIONAL DEVELOPMENT OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 11-40-20, RELATING TO THE CREATION OF THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY, SO AS TO PROVIDE THAT THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK SHALL COMPRISE THE AUTHORITY INSTEAD OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 11-40-250, RELATING TO THE REQUIREMENT THAT THE DIVISION OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD PROVIDE STAFF AND ASSIST THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY, SO AS TO PROVIDE THAT THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK PERFORM THESE DUTIES AND RESPONSIBILITIES INSTEAD OF THE DIVISION OF LOCAL GOVERNMENT; TO AMEND SECTIONS 12-10-80, 12-10-85, AND 12-28-2910, ALL AS AMENDED, RELATING TO FUNDS PAYABLE TO THE STATE RURAL INFRASTRUCTURE FUND AND FUNDS GENERATED FROM A PORTION OF THE GASOLINE AND FUEL USER FEES, SO AS TO PROVIDE THAT THESE MONIES MUST BE DISTRIBUTED TO THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK AND DEPOSITED IN THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK TRUST FUND AND USED TO PROVIDE GRANTS FOR ELIGIBLE RECIPIENTS; TO AMEND SECTION 48-1-350, AS AMENDED, RELATING TO PENALTIES IMPOSED UNDER THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT THE STATE PORTION OF THE CIVIL PENALTIES CREDITED TO THE GENERAL FUND IS CREDITED INSTEAD TO THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK TRUST FUND; TO AMEND SECTION 48-5-30, RELATING TO THE CREATION OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK COMPRISE THE AUTHORITY INSTEAD OF THE STATE BUDGET AND CONTROL BOARD; TO REPEAL SECTION 1-11-25 RELATING TO THE CREATION OF THE OFFICE OF LOCAL GOVERNMENT OF THE BUDGET AND CONTROL BOARD; AND TO PROVIDE FOR AN INTERIM EXECUTIVE DIRECTOR OF THE RURAL INFRASTRUCTURE BANK.
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Read the first time and referred to the Committee on Finance.

S. 1037 (Word version) -- Senator Branton: A JOINT RESOLUTION TO PROVIDE A NONBINDING REFERENDUM AT THE TIME OF THE 2004 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER THE COMMISSIONERS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION BE ELECTED BY THE QUALIFIED ELECTORS OF THE DISTRICTS THEY REPRESENT, AND WHETHER THE CHAIRMAN OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
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Senator BRANTON spoke on the Resolution.

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

Senator GIESE from the Committee on Education submitted a majority favorable with amendment and Senators SHORT and FAIR a minority unfavorable report on:

S. 462 (Word version) -- Senators Giese, Leatherman, Setzler, Martin, Alexander, Holland, Ravenel, McConnell, J. Verne Smith, Ford, Hayes, Mescher, Knotts, Ryberg, Drummond, Elliott, Hutto, Patterson, Courson, Waldrep, Anderson, Kuhn, Ritchie, Richardson, Peeler and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT INTO THIS EDUCATIONAL COMPONENT; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:

S. 831 (Word version) -- Senators McGill, Elliott and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 857 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT THE REMAINS OF ANY PERSON WHO DONATED HIS OR HER BODY TO THE UNIVERSITY OF SOUTH CAROLINA MEDICAL SCHOOL FOR SCIENTIFIC RESEARCH PURPOSES MUST BE INTERRED BY THE MEDICAL SCHOOL AT ITS EXPENSE IN A MARKED CEMETERY GRAVESITE IF THE REMAINS WERE BURIED OR IF THE REMAINS WERE CREMATED IN A MEMORIAL GARDEN CRYPT WHICH IDENTIFIES THE DECEDENT'S ASHES.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources polled out H. 4696 favorable:

H. 4696 (Word version) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.

Waldrep                   Leventis                  Peeler
Matthews                  McGill                    Glover
Hutto                     Ravenel                   Grooms
Verdin                    Pinckney                  Kuhn
Knotts                    Fair                      Cromer
Martin

Elliott

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4849 favorable:

H. 4849 (Word version) -- Reps. E.H. Pitts, Huggins, 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, 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, M.A. Pitts, Quinn, Rhoad, 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 TO DECLARE WEDNESDAY, MARCH 10, 2004, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

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

Ordered for consideration tomorrow.

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

The House returned the Bill with amendments.

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

Senator McCONNELL argued contra to concurrence in the House amendments.

With Senator McCONNELL retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Bill was carried over until the Call of the Uncontested Calendar had been completed.

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 House returned the Bill with amendments.

On motion of Senator HUTTO, 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.

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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 Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

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.

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.

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:

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.

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.

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

The Committee on Corrections and Penology proposed the following amendment (SWB\5877CM04), which was adopted:

Amend the bill, as and if amended, Section 24-27-200, as contained in SECTION 3, by deleting / (A) / on line 21, page 4 by deleting lines 40 through 43 on page 4 and by deleting lines 1 and 2 on page 5.

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the Third Reading Calendar with notice of general amendments.

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

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".

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.

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.

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.

S. 924 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.

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

S. 926 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.

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

S. 927 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS A PERMANENT BAN ON INTERNET ACCESS TAXES.

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

S. 928 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

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

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".

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

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.

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

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.

Senator ALEXANDER explained the Bill.

Senator MALLOY objected to further consideration of the Bill.

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.

Senator PEELER explained the Bill.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

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 PEELER, with unanimous consent, the Bill was carried over.

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

The House returned the Bill with amendments.

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

Senator McCONNELL argued contra to concurrence in the House amendments.

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

Senator LEATHERMAN objected.

Senator McCONNELL argued contra to concurrence in the House amendments.

At 12:19 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL argued contra to concurrence in the House amendments.

On motion of Senator MOORE, with unanimous consent, Senators ALEXANDER, RITCHIE and MOORE were granted leave to attend a meeting of the Public Utilities Review Committee and be counted in any quorum calls.

Senator McCONNELL argued contra to concurrence in the House amendments.

With Senator McCONNELL retaining the floor, Senator LEATHERMAN asked unanimous consent to make a motion to take up S. 560 for immediate consideration.

There was no objection.

On motion of Senator LEATHERMAN, consideration was interrupted, with Senator McCONNELL retaining the floor.

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.

Senator LEATHERMAN was recognized to give a status report regarding the work of the Committee of Conference.

Senator LEATHERMAN moved that Free Conference Powers be granted.

Senator GREGORY argued contra to the motion.

Senator RYBERG argued contra to the motion.

Senator LEATHERMAN asked unanimous consent to make a motion to waive on Tuesday, March 9, 2004, the provisions under Rule 37 that the Report of the Committee of Conference shall lie on the Desk one statewide legislative day.

There was no objection.

Consideration was interrupted by adjournment.

Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

William E. Lynch, P. O. Box 5655, Greenville, S.C. 29606 VICE Jeffrey Phillips

Reappointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

William Donald Owens, 124 Vandiventer Dr., Greer, S.C. 29650

On motion of Senator FORD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Dorothy McJunkin of Charleston, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 5, 2004, it stand adjourned to meet next Tuesday, March 9, 2004, at 12:00 Noon, which motion was adopted.

At 2:24 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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