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, hear words from Psalm 3:5:

"Weeping may linger for the night, but joy comes with the morning."
Let us pray.

Father, apparently the psalmist has gone from an experience of prosperity to some personal distress... and gives his success to the goodness of God.

We are hearing more bad news from the war zones, and our leaders have publicly announced that they are contemplating more extensive military operations that carry serious risky consequences.

So, Father, we say a special prayer this morning. Please enable our President to make right decisions amidst conflicting advice in these crisis days!

We remember the psalmist when he said, "Weeping may linger for the night, but joy comes with the morning."
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, South Carolina Commission on Consumer Affairs, with term to commence September 20, 2003, and to expire September 20, 2007

At-Large

C. Wayne Powell, 147 Powell Road, Gaffney, S.C. 29340 VICE Willis T. Goodwin

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2004, and to expire May 19, 2008

3rd Congressional District

Anne O. McAlister, State Farm Insurance, 100 Century Plaza, Suite One, Seneca, S.C. 29672 VICE Jacqueline Faye Brown

Referred to the General Committee.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2004, and to expire June 30, 2008

5th Congressional District

Martha W. Brock, 154 Hidden Acres Drive, Gaffney, S.C. 29341 VICE Elizabeth G. Rivers

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

6th Congressional District

Priscilla L. Tanner, P. O. Box 85, Johnsonville, S.C. 29555 VICE Mary T. Williams

Referred to the Committee on Judiciary.

Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2004, and to expire June 30, 2010

3rd Congressional District

Walter A. Toole, R.Ph., Liberty Family Pharmacy, 115 W. Main Street, Liberty, S.C. 29657 VICE Rufus E. Sadler

Referred to the Committee on Medical Affairs.

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

Document No. 2907
Agency: Department of Revenue
SUBJECT: Drive-In/Drive-Thru Establishments Prohibited
Received by Lieutenant Governor April 27, 2004
Referred to Judiciary Committee
Legislative Review Expiration August 25, 2004
(Subject to Sine Die Revision)

Document No. 2908
Agency: Department of Insurance
SUBJECT: Continuing Insurance Education
Received by Lieutenant Governor April 27, 2004
Referred to Banking and Insurance Committee
Legislative Review Expiration August 25, 2004
(Subject to Sine Die Revision)

Senator McCONNELL introduced Dr. Louis Costa of Charleston, S.C., Doctor of the Day.

Senator RYBERG rose for an Expression of Personal Interest.

Senator PEELER rose for an Expression of Personal Interest.

Senator KNOTTS rose for an Expression of Personal Interest.

At 12:10 P.M., Senator LEVENTIS requested a leave of absence from 6:00 - 9:00 P.M. this evening.

At 12:10 P.M., Senator LEVENTIS requested a leave of absence from 12:00 - 7:00 P.M. tomorrow.

At 12:15 P.M., Senator FORD requested a leave of absence beginning at 5:00 P.M. today and lasting until 2:00 P.M. Wednesday.

At 12:15 P.M., Senator FORD requested a leave of absence beginning at 5:30 P.M. on Wednesday and lasting until 9:00 A.M. Thursday morning.

On motion of Senator FORD, at 12:15 P.M. Senator GLOVER was granted a leave of absence beginning at 5:30 P.M. on Wednesday and lasting until 9:00 A.M. Thursday morning.

At 12:20 P.M., Senator CROMER requested a leave of absence from 6:00 - 8:00 P.M. today.

At 12:20 P.M., Senator LAND requested a leave of absence from 2:00 - 4:00 P.M. on Wednesday.

At 12:20 P.M., Senator FAIR requested a leave of absence from 5:30 P.M. today and lasting until 2:00 P.M. on Wednesday.

At 12:20 P.M., Senator GROOMS requested a leave of absence from 4:00 P.M. today and lasting until 9:00 A.M. on Wednesday.

At 12:20 P.M., Senator PATTERSON requested a leave of absence from 6:00 P.M. today and lasting until 2:00 P.M. on Wednesday.

At 2:30 P.M., Senator MESCHER asked unanimous consent to make a motion to grant a leave of absence for Senator KUHN until 2:00 P.M. on Wednesday morning.

Senator RICHARDSON objected.

On motion of Senator HAWKINS, at 4:00 P.M. Senator KUHN was granted a leave of absence until 10:00 A.M. on Wednesday morning.

H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator McGILL asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the committee.

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

On motion of Senator McGILL, with unanimous consent, the Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator McGILL, with unanimous consent, H. 4793 was ordered to receive a third reading on Wednesday, April 28, 2004.

The following were introduced:

S. 1197 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO CONGRATULATE IRVIN D. PARKER UPON THE OCCASION OF HIS RETIREMENT FROM THE STATE ACCIDENT FUND AFTER TWENTY-NINE YEARS OF DEDICATED SERVICE TO THE STATE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1198 (Word version) -- Senator Thomas: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 15 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR TUITION PAID TO PUBLIC OR NONPUBLIC SCHOOLS, TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS.
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Read the first time and referred to the Committee on Finance.

S. 1199 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-18 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENT ON PERSONS RESIDING IN GATED RESIDENTIAL COMMUNITIES AND TO PROVIDE THAT A PERSON GUARDING THE GATE MAY BE HELD IN CONTEMPT OF COURT FOR INTERFERING WITH THE PROPER EXECUTION OF LEGAL PROCESS.
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Read the first time and referred to the Committee on Judiciary.

S. 1200 (Word version) -- Senators Courson, Hutto, Alexander, Anderson, Branton, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher,

The Senate Resolution was introduced and referred to the General Committee.

S. 1201 (Word version) -- Senator Knotts: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN RESTRICTIONS THAT MUST BE IMPOSED UPON A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE THAT RENDERS HIM A SEX OFFENDER AND WHO IS EITHER SERVING A PROBATIONARY SENTENCE OR WHO IS PARTICIPATING IN A COMMUNITY SUPERVISION PROGRAM.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1202 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION CONGRATULATING MITCHEL COOPER OF PELION IN LEXINGTON COUNTY ON HIS SELECTION AS THE GOLD MEDAL OF ACHIEVEMENT RECIPIENT FOR 2004 IN RECOGNITION OF HIS CHURCH, SCHOOL, AND COMMUNITY LEADERSHIP AND HIS EXCELLENCE IN ACHIEVEMENT AS A MEMBER OF THE PENTECOSTAL HOLINESS CHURCH ROYAL RANGERS PROGRAM.
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The Senate Resolution was adopted.

S. 1203 (Word version) -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION TO SHOW APPRECIATION TO DOC MCKENZIE FROM LAKE CITY, SOUTH CAROLINA, FOR ALL OF HIS SERVICES AND FOR BEING A POSITIVE INFLUENCE IN THE LIVES OF THE MANY PEOPLE WITH WHOM HE HAS COME IN CONTACT IN THIS STATE AND NATION.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.

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

H. 4732 (Word version) -- Reps. Davenport, Clyburn, Frye, Hamilton, Littlejohn, Loftis, Pinson, Rice, Taylor, Weeks and Toole: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE ON EMERGENCY ROOM DIVERSION TO BE CONVENED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE USE OF EMERGENCY ROOMS, TO IDENTIFY INAPPROPRIATE USAGE AND TO DEVELOP A PLAN FOR COMMUNITY SERVICES ALTERNATIVES; TO SUBMIT A PLAN TO REDUCE INAPPROPRIATE USE OF

Read the first time and referred to the Committee on Medical Affairs.

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4846 (Word version) -- Reps. Talley and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.

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

H. 4975 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 132 SO AS TO PROHIBIT PHYSICIANS AND OTHER SPECIFIED HEALTHCARE PROFESSIONALS FROM SOLICITING PAYMENT FOR OUTPATIENT ANATOMIC PATHOLOGY OR CYTOLOGY SERVICES UNLESS THE SERVICE WAS PERSONALLY RENDERED BY THAT PHYSICIAN OR HEALTHCARE PROVIDER AND TO PROVIDE EXCEPTIONS AND PENALTIES.

Read the first time and referred to the Committee on Medical Affairs.

H. 4990 (Word version) -- Reps. Harrell, Chellis, Barfield, Hamilton and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF.

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

H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A

Read the first time and referred to the Committee on Banking and Insurance.

H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR

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

H. 5044 (Word version) -- Reps. McGee, Quinn and Toole: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.

Read the first time and referred to the Committee on Medical Affairs.

H. 5163 (Word version) -- Reps. M. Hines and Hayes: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. RUBY BLUE PAGE OF DILLON, SOUTH CAROLINA, FOR WINNING THE PRESTIGIOUS NATIONAL HEAD START ASSOCIATION "STAFF OF THE YEAR" AWARD.

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

H. 5164 (Word version) -- Reps. M. Hines and Battle: A CONCURRENT RESOLUTION TO CONGRATULATE MR. EDDIE WASHINGTON OF MARION, SOUTH CAROLINA, FOR WINNING THE PRESTIGIOUS NATIONAL HEAD START ASSOCIATION "FATHER OF THE YEAR" AWARD.

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

H. 5168 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE DOUBLE DUTCH FORCES OF COLUMBIA FOR THEIR OUTSTANDING ACCOMPLISHMENTS AS THE NATIONAL, WORLD, AND INTERNATIONAL CHAMPIONS, AND TO WISH THE MEMBERS MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

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

H. 5169 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE KYLE MITCHELL WAY OF WALTERBORO FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5170 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION APPLAUDING THE CHOICE OF COLUMBIA MAYOR ROBERT D. (BOB) COBLE BY THE GREATER COLUMBIA CHAMBER OF COMMERCE AS THE 2004 AMBASSADOR OF THE YEAR, AND JOINING IN THE OPPORTUNITY TO RECOGNIZE AND EXPRESS APPRECIATION FOR HIS VISIONARY CONTRIBUTIONS TO THE CITY OF COLUMBIA, RICHLAND COUNTY, AND THE STATE OF SOUTH CAROLINA.

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

H. 5171 (Word version) -- Reps. Lourie and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND AMANDA HELEN PENNEKAMP FOR BEING CROWNED MISS SOUTH CAROLINA USA AND TO EXTOL HER FOR HER OUTSTANDING REPRESENTATION OF THE STATE IN THE MISS USA PAGEANT.

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

H. 5172 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J.

The Concurrent Resolution was introduced and referred to the General Committee.

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable with amendment and Senator JACKSON a minority unfavorable report on:

S. 644 (Word version) -- Senators Peeler, Richardson, Ryberg, Knotts, Hutto and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCE RECOVERY ACT" WHICH AUTHORIZES AN INSURED TO ASSIGN DIRECTLY TO A HEALTH CARE PROVIDER REIMBURSEMENT RIGHTS FOR SERVICES RECEIVED FROM THE PROVIDER, TO ESTABLISH PROCEDURES FOR SUCH ASSIGNMENTS AND PAYMENT PURSUANT TO AN ASSIGNMENT, TO PROVIDE THAT CERTAIN VIOLATIONS

Ordered for consideration tomorrow.

On motion of Senator MARTIN, with unanimous consent, the Bill was committed to the Committee on Banking and Insurance, retaining its place on the Calendar.

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

S. 994 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A PALMETTO FELLOWS SCHOLARSHIP IS AVAILABLE TO AN ELIGIBLE RESIDENT STUDENT WHO ATTENDS OR WILL ATTEND A PUBLIC OR INDEPENDENT INSTITUTION, AND TO DEFINE CERTAIN TERMS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 1181 (Word version) -- Senators Mescher, Grooms, Land, McGill and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

Ordered for consideration tomorrow.

H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.

Senator GIESE asked unanimous consent to remove the minority report from the Bill.

There was no objection and the minority report was removed.

Columbia, S.C., April 22, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4572 (Word version) -- Reps. Battle, M. Hines, Richardson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

At 12:15 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 27, 2004, at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R284, S. 949 (Word version)) -- Senators Leatherman and Ford: AN ACT TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO REQUIRE A LICENSEE TO REVEAL HIS LICENSE STATUS IN A PERSONAL TRANSACTION INVOLVING THE PURCHASE, SALE, EXCHANGE, RENTAL, LEASE, OR AUCTION OF REAL ESTATE AND PROVIDE THE CONDITIONS UNDER WHICH THE LICENSEE IS CONSIDERED TO HAVE MET THIS REQUIREMENT; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO

(R285, S. 970 (Word version)) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.
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(R286, S. 1085 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD

(R287, S. 1114 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R288, S. 1123 (Word version)) -- Senator Malloy: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R289, S. 1141 (Word version)) -- Senators Malloy and Leatherman: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R290, S. 1142 (Word version)) -- Senators Malloy, Glover, Elliott and Leatherman: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MARLBORO COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER

(R291, S. 1159 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.
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(R292, H. 4627 (Word version)) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: AN ACT TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.
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(R293, H. 4650 (Word version)) -- Reps. Harrison, McLeod and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908,

(R294, H. 4572 (Word version)) -- Reps. Battle, M. Hines, Richardson and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.
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(R295, H. 5112 (Word version)) -- Reps. Miller and Snow: AN ACT TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO

At 12:53 P.M., on motion of Senator MARTIN, the Senate receded from business until 1:30 P.M.

The Senate reassembled at 1:45 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.

At 1:45 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

At 2:10 P.M., the Senate resumed.

At 2:10 P.M., the PRESIDENT assumed the Chair.

S. 962 (Word version) -- Senators Rankin and Glover: A CONCURRENT RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS OF THE LATE EUGENE F. (GENE) JOHNSON OF MARION COUNTY AND HONORING HIS MEMORY BY NAMING THE LITTLE PEE DEE RIVER BRIDGE, ADJOINING HORRY COUNTY AND MARION COUNTY, ON HIGHWAY 917 JUST OUTSIDE OF MULLINS, SOUTH CAROLINA, THE "EUGENE F. (GENE) JOHNSON MEMORIAL BRIDGE".

Returned with concurrence.

Received as information.

S. 1176 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO CELEBRATE THURSDAY, APRIL 22, 2004, AS EARTH DAY AND TO OBSERVE THE UNITED STATES ARMY'S EARTH DAY MESSAGE OF "PRESERVING THE ENVIRONMENT WHILE PROTECTING OUR FREEDOM", WHICH RECOGNIZES THE VALUE OF OUR ENVIRONMENT AND REMINDS US THAT

Returned with concurrence.

Received as information.

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.

At 3:16 P.M., Senator PEELER assumed the Chair.

S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.

With Senator McCONNELL retaining the floor on S. 356, Senator PINCKNEY asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator RYBERG objected.

Senator McCONNELL continued arguing contra to concurrence in the House amendments on S. 356.

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.

With Senator McCONNELL retaining the floor on S. 356, Senator RICHARDSON asked unanimous consent to make a motion, having voted on the prevailing side, to reconsider the vote whereby the Bill had been given a third reading, to reconsider the vote whereby the amendment (JUD1025.001) proposed by Senator ELLIOTT on Thursday, April 22, 2004, was adopted, withdraw the amendment and then give the Bill a third reading.

Senator ELLIOTT spoke on the motion.

Senator HUTTO objected.

Senator McCONNELL resumed arguing contra to concurrence in the House amendments.

Senator McCONNELL moved to continue the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Cromer                    Fair
Glover                    Grooms                    Hawkins
Hayes                     Knotts                    Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Richardson                Ritchie                   Smith, J. Verne
Verdin                    Waldrep

Anderson                  Branton                   Courson
Drummond                  Elliott                   Ford
Giese                     Gregory                   Hutto
Jackson                   Land                      Leventis
Malloy                    Matthews                  McGill
Moore                     Patterson                 Pinckney
Rankin                    Reese                     Ryberg
Setzler                   Sheheen                   Short
Thomas

The Senate refused to continue the Bill.

Our votes to continue S. 356 were made in order to free up our Calendar and allow the Senate to debate tort reform, government restructuring and other important issues that have been blocked on the Calendar due to S. 356. If the Senate allows a "straight up" vote on primary seat belt enforcement, we will support that effort.

Senator LEATHERMAN moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Cromer                    Elliott
Fair                      Giese                     Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Leventis                  Malloy
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Richardson                Smith, J. Verne           Verdin
Waldrep

Anderson                  Branton                   Courson
Drummond                  Ford                      Glover
Gregory                   Hutto                     Jackson
Land                      Matthews                  McGill
Moore                     Patterson                 Pinckney
Rankin                    Reese                     Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Thomas

The Senate refused to adjourn.   The Senate resumed consideration of S. 356.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, Senator MARTIN asked unanimous consent to make a motion that the members of the Judiciary Committee be granted leave to meet upstairs to discuss an appointment.

Senator KNOTTS objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 4:42 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator McCONNELL moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Cromer                    Elliott
Fair                      Hawkins                   Hayes

Knotts                    Leatherman                Malloy
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Thomas                    Verdin                    Waldrep

Anderson                  Branton                   Courson
Drummond                  Ford                      Giese
Glover                    Gregory                   Hutto
Jackson                   Land                      Leventis
Matthews                  Moore                     Patterson
Pinckney                  Rankin                    Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short

The Senate refused to adjourn. The Senate resumed consideration of S. 356.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion that the Senate proceed immediately to consider the question of concurrence on the Bill.

Senator KNOTTS objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.

With Senator HUTTO retaining the floor, Senator PINCKNEY asked unanimous consent to make a motion to take up S. 987 for immediate consideration.

Senator KNOTTS objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.

With Senator HUTTO retaining the floor, Senator PINCKNEY asked unanimous consent to make a motion to take up S. 987 for immediate consideration.

Senator LEATHERMAN objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 5:21 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator HUTTO continued arguing in favor of concurrence in the House amendments.

S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION

With Senator HUTTO retaining the floor on S. 356, Senator CROMER asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

On motion of Senator CROMER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The Senate resumed consideration of S. 356.

Senator HUTTO continued arguing in favor of concurrence in the House amendments.

S. 987 (Word version) -- Senators Jackson, Glover, Ford and Pinckney: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.

With Senator HUTTO retaining the floor, Senator PINCKNEY asked unanimous consent to make a motion to take up S. 987 for immediate consideration.

Senator LEATHERMAN objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, Senator LAND asked unanimous consent to make a motion to proceed immediately to a vote under the provisions of Rule 15A, and after the vote tally had been announced regardless of the outcome, the Senate would stand adjourned.

Senator KNOTTS objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 5:38 P.M., with Senator HUTTO retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 6:20 P.M., the Senate resumed.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, Senator BRANTON asked unanimous consent to make a motion to take up Amendment No. 28 for immediate consideration.

Senator LEVENTIS objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 6:23 P.M., Senator LAND moved under Rule 15A to vote on the entire matter of S. 356 at 6:24 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Anderson                  Courson                   Drummond
Fair                      Giese                     Glover
Gregory                   Hayes                     Hutto
Jackson                   Land                      Leventis
McGill                    Moore                     Patterson
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Waldrep

Alexander                 Branton                   Cromer
Elliott                   Grooms *                  Hawkins
Knotts                    Leatherman                Malloy
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Pinckney
Ravenel                   Verdin

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 6:38 P.M., with Senator HUTTO retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 6:44 P.M., the Senate resumed.

Senator HUTTO argued in favor of concurrence in the House amendments.

At 6:44 P.M., Senator RYBERG moved under Rule 15A to vote on the entire matter of S. 356.

Senator BRANTON raised a Point of Order that the motion under Rule 15A was out of order inasmuch as an insufficient amount of time had elapsed since the last vote on Rule 15A was taken.

The ACTING PRESIDENT overruled the Point of Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Anderson                  Courson                   Drummond
Glover                    Gregory                   Hayes
Hutto                     Jackson                   Land
Malloy                    McGill                    Moore
Patterson                 Pinckney                  Rankin
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Thomas

Alexander                 Branton                   Cromer
Elliott                   Giese                     Hawkins
Knotts                    Leatherman                Martin
McConnell                 Mescher                   O'Dell
Peeler                    Ravenel                   Smith, J. Verne
Verdin                    Waldrep

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion to continue the Bill.

Senator HUTTO objected.

Senator HUTTO argued in favor of concurrence in the House amendments.

With Senator HUTTO retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by adjournment.

At 6:54 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:36 P.M.