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, it's an election year. Hear the words from the ancient past: First Samuel 8:6-9:
"Samuel prayed to the Lord, and the Lord said to Samuel, 'Listen to the voice of the people in all that they say to you; ...only you shall solemnly warn them, and show them the ways of the king who shall reign over them'."
Let us pray.
Father, give peace of mind and the gratitude of our people to those who have served and will not offer to continue.
We thank You that there are others that are willing to undertake the rigorous and difficult role of being public servants, in low or high office. Guide them. Equip them. Enable them.
Guide our people as they assess the needs of our people and our hopes and prayers for the future.
May we continue to be ONE NATION UNDER GOD and sing as long as the earth goes round the sun: "GOD BLESS AMERICA," and teach other nations to do the same.
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, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor
Director
Samuel B. Glover, 149 Belton Drive, Orangeburg, S.C. 29118 VICE James McClain (resigned)
Referred to the Committee on Corrections and Penology.
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2004, and to expire March 21, 2009
1st Congressional District
Joan Moore, 110 Kenningtin Drive, Goose Creek, S.C. 29445 VICE Louise R. Ravenel
Referred to the Committee on Medical Affairs.
Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.
At 12:30 P.M., Senator LEVENTIS requested a leave of absence from 5:00 P.M. until 5:00 P.M. on Wednesday, March 31, 2004.
At 2:25 P.M., Senator KNOTTS requested a leave of absence until 6:00 P.M. to attend a funeral.
At 5:02 P.M., Senator FAIR requested a leave of absence beginning at 5:30 P.M.
At 6:15 P.M., Senator JACKSON requested a leave of absence beginning at 7:00 P.M. until 11:00 A.M. on Wednesday, March 31, 2004.
H. 4942 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PEELER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Resolution was recalled from the committee.
Senator PEELER asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the second reading of the Resolution.
On motion of Senator PEELER, with unanimous consent, the Joint Resolution was read the second time.
On motion of Senator PEELER, with unanimous consent, H. 4942 was ordered to receive a third reading on Wednesday, March 31, 2004.
H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY 378 "BILLY JORDAN BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "BILLY JORDAN BOULEVARD".
Senator RANKIN asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee.
Senator RANKIN asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator RANKIN, with unanimous consent, the Resolution was adopted and ordered returned to the House.
H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".
Senator RANKIN asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee.
Senator RANKIN asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator RANKIN, with unanimous consent, the Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 1106 (Word version) -- Senators Jackson, Richardson, Leventis and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59, SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
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Read the first time and referred to the Committee on Education.
S. 1107 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND TELEVISION STATIONS WPDE (CHANNEL 15) AND WWMB (CHANNEL 21) AND BILLY HUGGINS, GENERAL MANAGER OF THESE STATIONS, FOR THEIR CONTRIBUTIONS TO AND ASSISTANCE WITH THE CRIME STOPPERS PROGRAM IN THE GRAND STRAND AND PEE DEE AREAS WHICH HAVE HELPED TO MAKE IT SUCH A SUCCESSFUL PROGRAM.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 5019 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.
Read the first time and referred to the Committee on Finance.
H. 5041 (Word version) -- Reps. M. A. Pitts, Parks and Pinson: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL "WILDCATS" GIRLS' VOLLEYBALL TEAM AND HEAD COACH, BETH MILLER, FOR THEIR SECOND CONSECUTIVE STATE CHAMPIONSHIP WIN IN THE DIVISION 1-A VOLLEYBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5047 (Word version) -- Rep. Kennedy: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM FROM GREELEYVILLE ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP, THEIR SECOND STRAIGHT CHAMPIONSHIP, AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5049 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CONGREGATION, DEACONS, AND CLERGY OF THE LANGSTON MEMORIAL BAPTIST CHURCH IN CONWAY, IN HORRY COUNTY, ON THE CONSECRATION OF A NEW CHURCH SANCTUARY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5050 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WILLIE E. GARY, ONE OF THE NATION'S MOST RESPECTED AND ACCOMPLISHED LAWYERS, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND TO THE NATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5052 (Word version) -- Reps. Lourie, Cotty, Howard, J. H. Neal, Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, 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 CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM ON ITS FIFTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE IN NEW YORK CITY ON MARCH 20, 2004.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5055 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO HONOR AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BETTY RHOAD LILLY OF RICHLAND COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON TUESDAY, APRIL 13, 2004, AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 3462 and asked for a Committee of Conference.
Whereupon, Senators ELLIOTT, RANKIN and RICHARDSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
S. 387 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:
S. 758 (Word version) -- Senators Hawkins, Mescher, Knotts, Kuhn and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
S. 761 (Word version) -- Senators Martin, Reese and Kuhn: A BILL TO AMEND CHAPTER 11, TITLE 25 OF THE 1976 CODE BY ADDING SECTION 25-11-90 TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 817 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO BAIL BONDSMEN AND RUNNERS, SO AS TO DEFINE ELECTRONIC MONITORING; TO AMEND SECTION 38-53-150, RELATING TO LICENSING REQUIREMENTS FOR BAIL BONDSMEN, SO AS TO PROVIDE THAT A BAIL BONDSMAN'S LICENSE MAY BE DENIED, SUSPENDED, REVOKED, OR NOT RENEWED FOR TWO YEARS WHEN A BAIL BONDSMAN FALSELY REPRESENTS HIS MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILS TO CARRY OUT REQUIRED MONITORING ACTIVITIES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS OF BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN SHALL NOT FALSELY REPRESENT THEIR MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAIL TO CARRY OUT REQUIRED MONITORING ACTIVITIES; AND TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATIONS BY BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN MAY BE CIVILLY LIABLE FOR FALSELY REPRESENTING MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILING TO CARRY OUT REQUIRED MONITORING ACTIVITIES.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable with amendment report on:
S. 871 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 900 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS TO VOTE AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT PURSUANT TO SECTION 704 OF THE HELP AMERICA VOTE ACT, FEDERAL POST CARD APPLICATIONS MAY BE USED BY OVERSEAS AND MILITARY UNITED STATES CITIZENS FOR THE NEXT TWO REGULARLY SCHEDULED GENERAL ELECTIONS OCCURRING FROM THE DATE OF SUBMISSION OF THE APPLICATION.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 985 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 23-3-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF THE SHERIFF AND SLED OF THE RELEASE OF A PERSON LISTED ON THE SEX OFFENDER REGISTRY, SO AS TO ADD THAT LOCAL LAW ENFORCEMENT ALSO MUST BE NOTIFIED OF THE RELEASE.
Ordered for consideration tomorrow.
Senator ANDERSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3332 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003". (ABBREVIATED TITLE).
Ordered for consideration tomorrow.
Senator KUHN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4451 (Word version) -- Reps. G.M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.
Ordered for consideration tomorrow.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1104 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
By prior motion of Senator MARTIN, with unanimous consent
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 KNOTTS was recognized.
Senator RYBERG asked unanimous consent to make a motion to proceed to vote on the amendments.
Senator McCONNELL objected.
Senator KNOTTS argued contra to the concurrence in the House amendments.
Senator LEATHERMAN asked unanimous consent to make a motion, with Senator KNOTTS retaining the floor, that members of the Senate be granted leave to attend a luncheon function on the grounds of the State House while Senator KNOTTS continued speaking at the podium and that during that time, there would be no quorum calls and no motions made.
Senator FORD objected.
Senator KNOTTS argued contra to the concurrence in the House amendments.
At 12:48 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Cromer Drummond Ford Giese Glover Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Pinckney Rankin Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator KNOTTS argued contra to the concurrence in the House amendments.
On motion of Senator MARTIN, with unanimous consent, that members of the Senate were granted leave to attend a luncheon function on the grounds of the State House while Senator KNOTTS continued speaking at the podium and that during that time, there would be no quorum calls and no motions made.
There was no objection and at 12:55 P.M., the motion was adopted.
Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.
At 1:40 P.M., Senator MARTIN assumed the Chair.
Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.
At 1:45 P.M., Senator VERDIN assumed the Chair.
Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.
Senator KUHN argued contra to the concurrence in the House amendments.
At 2:43 P.M., Senator MALLOY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Courson Cromer Drummond Fair Ford Giese Glover Grooms Hawkins Hayes Hutto Jackson Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell Mescher Moore Patterson Peeler Ravenel Richardson Ritchie Ryberg Setzler Sheheen Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator McGILL recorded his presence subsequent to the Call of the Senate.
Senator KUHN argued contra to the concurrence in the House amendments.
At 3:09 P.M., Senator RICHARDSON assumed the Chair.
Senator KUHN argued contra to the concurrence in the House amendments.
At 3:47 P.M., the PRESIDENT assumed the Chair.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 4:20 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Courson Cromer Drummond Elliott Fair Giese Glover Grooms Hawkins Hayes Hutto Jackson Kuhn Land Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator FORD recorded his presence subsequent to the Call of the Senate.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 4:25 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 356 at 4:30 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Fair Giese Hayes Hutto Jackson Leatherman Martin Matthews McGill O'Dell Richardson Ritchie Ryberg Short Smith, J. Verne Waldrep
Alexander Branton * Cromer Elliott Ford Glover Grooms Hawkins Knotts * Kuhn Land Malloy McConnell Mescher Moore Patterson Peeler Rankin Ravenel Setzler Sheheen Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 4:57 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 356 at 5:00 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Cromer Drummond Fair Giese Glover Hayes Hutto Jackson Land Leatherman Martin Matthews McGill Moore O'Dell Patterson Rankin Richardson Ritchie Ryberg Short Smith, J. Verne Thomas Waldrep
Alexander Branton * Elliott Ford Grooms Hawkins Knotts * Kuhn Malloy McConnell Mescher Peeler Ravenel Setzler Sheheen Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
Senator FORD asked unanimous consent to make a motion to recommit the Bill to the Committee on Transportation.
Senator RICHARDSON objected.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
With Senator KUHN retaining the floor, Senator MARTIN was recognized to make brief remarks.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 6:43 P.M., Senator RICHARDSON moved under Rule 15B to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.
Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as Rule 15B pertained to reapportionment and S. 356 was not a reapportionment Bill.
The PRESIDENT sustained the Point of Order.
At 6:45 P.M., Senator RICHARDSON moved under Rule 15A to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.
Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the motion was made pursuant to Rule 15C under the guise of Rule 15A.
The PRESIDENT sustained the Point of Order.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 6:55 P.M., Senator RICHARDSON moved under Rule 15A to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.
Senator McCONNELL raised a Point of Order that Rule 15A provides that the motion to vote on the entire matter of S. 356 must be made during the same legislative day.
Senators RICHARDSON, MOORE, HAWKINS and RITCHIE spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
With Senator KUHN retaining the floor, Senator RYBERG asked unanimous consent to make a motion that the Senate stand adjourned.
Senator KNOTTS objected.
Senator KUHN continued arguing contra to the concurrence in the House amendments.
At 7:02 P.M., Senator COURSON assumed the Chair.
Senator KUHN resumed arguing contra to the concurrence in the House amendments.
At 7:08 P.M., the PRESIDENT assumed the Chair.
Senator KUHN resumed arguing contra to the concurrence in the House amendments.
At 7:20 P.M., Senator VERDIN assumed the Chair.
Senator KUHN resumed arguing contra to the concurrence in the House amendments.
With Senator KUHN retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion to continue the Bill.
The question then was the motion to continue the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Elliott Grooms Hawkins Knotts Kuhn Leatherman Martin McConnell Mescher O'Dell Ravenel Verdin
Anderson Branton Courson Cromer Drummond Fair * Giese Glover Gregory * Hayes Hutto Land Malloy Matthews McGill Moore Patterson Rankin Reese Richardson Ritchie Ryberg Setzler Sheheen Short Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Ford (Present) Aye
Jackson (Absent) Nay
The motion to continue the Bill failed.
At 7:43 P.M., the PRESIDENT assumed the Chair.
Senator KUHN resumed arguing contra to the concurrence in the House amendments.
With Senator KUHN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by adjournment.
On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned in memory of Mr. Harold R. "Chub" Chambers of West Columbia, S.C., Columbia detective and former riding partner of Senator Knotts, who recently passed away from brain cancer. Mr. Chambers was relentless in his pursuit of unresolved cases, most remarkable being the investigation into the disappearance of Dail Dinwiddie in September of 1992, from the Five Points area in Columbia, S.C.
At 7:46 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.
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