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, hear once more the immortal words recorded by St. Matthew (22:19f):

"Show me the coin used for the tax." ...Then He said to them, "Give therefore to the emperor the things that are the emperor's and to God the things that are God's."
Let us pray.

Father, You are also the God of our fathers. As we continue to prepare our agendas and bring our problem-issues into focus, grant to us all such graces of the Spirit, such attitudes of mind, as will enable us... together... to address the problems of our people in such ways that will bring light, hope and less worry, so that our common life may be enriched.

And, Blessed Lord, as we prepare to return home to our families, give us the feeling that, whether our achievements be large or small, we are faithful in doing our duty as we are led to see our duty... to our people, our Country and our God.
Amen.

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

At 11:10 A.M., Senator GIESE requested a leave of absence for the balance of the day.

On motion of Senator RITCHIE, at 11:10 A.M., Senator WALDREP was granted a leave of absence for today.

Senator SETZLER rose for an Expression of Personal Interest.

Mr. PRESIDENT, Ladies and Gentlemen of Senate, if I can have your attention just a minute, I am going to be brief, but I've got something on my mind that I've got to say.

Having toiled in the education arena for many, many years here in the Senate and being fortunate enough that the people that I have represented have let me be here, I think we are at a crossroads with a number of issues that are important to this State, but I think the foremost issue of importance in this State is public education and educating the young people of South Carolina for the future -- for the 21st Century. Michael Porter talked about clustering, and he talked about new economic development for South Carolina, and I say to you that I wholeheartedly, 100%, endorse that concept. The Monitor Group will continue to push in that arena, and I support that push towards economic development. But, in order for us to have clustering -- in order for us to do what Michael Porter says and suggests or what that group suggests we do in the business community -- we have to have the human capital. We have to have an educated public to work to help us raise the per capita income of the citizens of South Carolina. I have, and will continue to work with the Governor of South Carolina, and I reach out my hand to him to work with him on those things we agree on.

This morning when I came in, I put my name down as a co-sponsor on the Restructuring Bill, even though there are a number of items in there with which I disagree. I do agree that we need to begin the debate of the structure of South Carolina in the 21st Century in what we do, but I must, likewise, be candid enough to tell you that I have two concerns with what I hear in the arena of education in South Carolina and where we are going in the 21st Century.

I commend the Governor in his budget proposal for laying out and striking specific programs and making specific recommendations and starting the debate which needs to happen in this General Assembly and in this Senate. I thought last year the Chairman of the Senate Finance Committee was going to kill me because I came to this podium three times during the session and said we needed to begin the budget process early, because I do agree with the Governor that we have got to look at individual programs and see if they are effective. If they are not, then we need to go in a different direction and we need to have the fortitude to take the time, the energy and the wherewithal to take that hard look.

But, there is an arena in which I have two concerns with which I differ with him. I am a supporter -- and make no apologies for being a supporter -- of public education in South Carolina. I think it is where we have to be in the 21st Century. One area that I disagree is that I think we have made accomplishments in this State that we can be proud of in the area of public education. At the same time, I think there is work to be done -- even though we have accomplishments -- and as the idea has been thrown out and as you throw out the ideas and you debate them, we all become a better body and a better State and a better citizenry for our people. But, I submit to you we have raised teacher salaries to the southeastern average plus $300. That is an accomplishment of this General Assembly and the past administrations and the hard work of the people of South Carolina that we can be proud of.

Do we have work left to do? Absolutely, we have work left to do. We have created a Governor's School for Math and Science. We had the fortitude to make the commitment for that. That is an accomplishment that we can be proud of in this State. Is there work to be done? Yes, there is. We created a Governor's School for the Arts in Greenville, Senator from Greenville, with a lot of struggle to create that and a lot of work in the private sector. That is a school that we can be proud of as South Carolinians as our young people progress and move forward. Is it enough? No, it's not enough. But it is an accomplishment of this General Assembly and, more importantly, of the people of South Carolina.

But, we still have things to be done. Former Senator HARRY CHAPMAN, being here this morning, probably was part of the reason that I got up to speak. I started as a member of the Education Committee under Senator CHAPMAN, and we passed the EIA in 1984 for Education Improvement. We have had education improvement as a result of the EIA in 1984 with gifted and talented, adult education and all those other programs, such as reducing class size. We have accomplishments that we can be proud of as a State.

Do we have things left to do? Certainly, we do. In 1993, and I remember the struggle like it was yesterday with the Senator from Greenwood, under his leadership, we passed full-day kindergarten. When everybody was saying all it was was a daycare. Now, when we have those students who are progressing from full-day kindergarten through the educational cycle, they are improving in their scores. Is it enough? No, it is not, but it is an accomplishment that we have had.

National Board Certification -- we passed National Board Certification and had 14 or 15 teachers who were nationally board certified. Now, we have nearly 4,000 nationally board certified teachers who are teaching our young people each and every day in South Carolina. That is an accomplishment that we can be proud of. But, no, it is not enough.

There are challenges ahead that we have. In 1998, at the urging of the business community of South Carolina, with them walking hand in hand with us, we passed accountability. A tremendously, tremendously controversial piece of legislation this General Assembly passed was the Accountability Act in 1998. We looked at the business community of South Carolina and said, "If we do this, will you leave us?" They said, "No, we are with you for the long haul." -- and they got in their automobiles and drove to the Marion School Districts. They gave computers to the schools. It was a public/private partnership, and we created the Education Oversight Committee. We have accomplished something in public education in this State. We can be proud of what we did with the Accountability Act and the creation of the Education Oversight Committee. Is that accomplishment in itself enough? No, it is not. We have a long way to go. We passed First Steps, early intervention in childhood, and created a group across this State who are probably more involved than any group that I have seen in a long time. Is that in itself an accomplishment? Certainly, it is.

We've got public participation, we've got improved programs for our young people and we've got them more ready to learn when they enter first grade. That is an accomplishment of the citizens of this State that we all have the right to be proud of being a part of. Is that enough? No, it is not. There is work to be done.

We joined hands in this General Assembly -- House and Senate members -- and passed a huge Bond Bill -- by one vote. I can remember that day like it was yesterday, with the screams and the shouts in the lobby with everybody who worked so hard, and my comrade from Lexington who voted with us that morning may have been the deciding vote when it passed the House by one vote. I have heard him say in our home County of Lexington that it is the proudest vote he has ever cast, and I don't think he minds my repeating that he has said that. That is an accomplishment. Is that in and of itself enough? No, it is not.

We are into the 21st Century. We need to act and move like the 21st Century. But let me tell you what we have done in education. We have been ranked by Education Week as the Nation's Best for improving

We have in this Senate joined hands across lines -- across races and across sectors -- to improve the education quality of this State. I dare say there is not a member of this Senate that sits here today that is satisfied with where we are. I can tell you that I am committed with every breath that I have in my body to continue that education improvement. Education improvement is a journey; it is a lifelong journey -- it is not a destination -- and it is one that we have to work on together. I look to debate the issues and discuss them, because I think we all learn. None of us have all of the solutions; I don't care what race, what sex, what political party, what part of the State you come from, everybody has an idea which is worth debating and being a part of the process. I say to you that I hope we will do that. I find it difficult when we cannot fund and do not fund EFA and fully fund it which provides the basic cost of educating a child in South Carolina. Yet, we talk about doing other things at twice that amount of money. Again, it is a process that we all need to be a part of. I only have the issues with what has been said that I have outlined -- that we have accomplishments in this State that need to be recognized -- that we do have a lot of work to do, and it will take all of us working together.

I commit to you and I commit to the Governor of South Carolina -- I will work with you, but we do need to recognize the accomplishments that we have had.

Thank you.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Mr. PRESIDENT, Ladies and Gentleman of the Senate:

I thought that was an excellent presentation and I have been here during all those times through. I think back over the years where we came from. And I think about our technical education system, which was started when Fritz Hollings was Governor, way back yonder.

In Greenville, we started a little old technical education school on the city dump. We hauled dirt in on top of the city dump. We didn't know all the environmental dangers about things then. We've been blessed to have Dr. Tom Barton heading up our Greenville Tech. He's probably meant more to more people in Greenville County than anybody that's moved in there. He was raised in Lancaster County; he played for Coach Howard at Clemson and was All-Southern. He was called Black Cat. He's tough, but he's a great educator.

There is no state-supported school of higher education in Greenville County, the most populous county in the State. But as our technical education grew and our industrial community grew, with all industrial prospects, it was a standard thing to talk to Dr. Barton about how we can train the workers and so forth. Then we had an old abandoned shopping center across the road over there. And some of us got together and decided to buy it and make a University Center there. Now this is no campus or any university, but we invited 8 or 10 different universities in the State to give courses there. That thing's growing so wonderful. We got over 5,000 students in our University Center. Think of that now, 5,000 students.

The University of South Carolina at Spartanburg is teaching courses over there, as is Clemson, the medical school, Lander University, Furman University and others. Just about anything that's available at our universities is available in our University Center. Our people go there and get college educations and can work on their jobs, since we've made it open at nights. We have it open on the weekends when people can go whenever they're working. It's a Godsend blessing. It's giving people college educations at a fraction of the cost of other types of colleges in the State. And I want you all to be aware of that. I'm just so thankful for that. I helped them work hard to put that together.

Besides our Governor's School for the Arts and our Peace Center for the Performing Arts, we have Roper Mountain Science Center. It has

Thank you.

On motion of Senator LEVENTIS, with unanimous consent, Senators SETZLER's and J. VERNE SMITH's remarks were ordered printed in the Journal.

Senator LEVENTIS rose for an Expression of Personal Interest.

Mr. PRESIDENT, I want to speak briefly to the comments made by the Senator from Greenville and also the Senator from Lexington, because they are so appropriate, timely and substantive.

I have this strong notion that we have to invest in ourselves before we can expect others to invest in us. Last night we were told that we have spent tremendous amounts of additional money on education but did not have what we wanted to show for it. First of all, if we increased spending on education by 130 percent, spending 2.3 or 2.4 times today what we spent 30 years ago, that represents an inflation rate of less than 2.5 percent. That is not a true commitment because, as we all know, inflation has been greater than that.

But, let me clarify something so that, hopefully, we never have this discussion again. We talk about the SAT scores and that we rank 49th in the country in those scores. That seems terrible; however, if you look behind the numbers, you will find that the bottom ten states in SAT scores all tested more than 50 percent of their high school graduates. South Carolina tests 60 percent. The top ten states in the nation test less than 10 percent of their high school graduates. We

We are having an impassioned discussion about education, but let us be sure first that we have the facts correct and that the moves we make are meaningful ones. I agree with the Senator from Lexington and the Senator from Greenville. The bottom line is that in order for us to grow, we must invest in public education. One thing that has happened in the past 30 years is that a number of bright, energetic young people entered into education as a profession some 30 years ago. They dedicated their lives to education and have been in a classroom every day for the past 30 years. Now they are ready to retire. Please do not tell me that their efforts have not made a difference -- because they certainly have! And we should thank them for a working lifetime of service.

Thank you.

On motion of Senator MATTHEWS, with unanimous consent, Senator LEVENTIS's remarks were ordered printed in the Journal.

Senator RYBERG rose for an Expression of Personal Interest.

Senator THOMAS rose for an Expression of Personal Interest.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

S. 840 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Malloy and Gregory: A JOINT RESOLUTION PROPOSING MULTIPLE AMENDMENTS TO THE

On motion of Senator PEELER, the name of Senator PEELER was added as a co-sponsor of S. 840.

On motion of Senator SETZLER, the name of Senator SETZLER was added as a co-sponsor of S. 840.

On motion of Senator ALEXANDER, the names of Senators J. VERNE SMITH and ALEXANDER were added as co-sponsors of S. 840.

On motion of Senator CROMER, the name of Senator CROMER was added as a co-sponsor of S. 840.

S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith and Alexander: A BILL TO AMEND NUMEROUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR THE RESTRUCTURING OF VARIOUS AGENCIES, DEPARTMENTS, AND OFFICES OF STATE GOVERNMENT. (ABBREVIATED TITLE)

On motion of Senator PEELER, the name of Senator PEELER was added as a co-sponsor of S. 841.

On motion of Senator SETZLER, the name of Senator SETZLER was added as a co-sponsor of S. 841.

On motion of Senator ALEXANDER, the names of Senators J. VERNE SMITH and ALEXANDER were added as co-sponsors of S. 841.

On motion of Senator CROMER, the name of Senator CROMER was added as a co-sponsor of S. 841.

S. 812 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-3-653, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE; AND TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE AND SECOND DEGREE.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 812.

S. 813 (Word version) -- Senators Richardson, Hutto and Ravenel: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 813.

S. 816 (Word version) -- Senator Ford: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 816.

S. 825 (Word version) -- Senators Leventis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 825.

S. 836 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 836.

S. 837 (Word version) -- Senator Rankin: A JOINT RESOLUTION TO PROVIDE THE PROCEEDS FROM THE SALE OF ANY SURPLUS REAL PROPERTY IDENTIFIED BY THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST BE RETAINED BY SANTEE COOPER AND USED FOR ITS PURPOSES AND NOT TRANSFERRED TO THE STATE OF SOUTH CAROLINA TO HELP ALLEVIATE STATE BUDGET SHORTFALLS, TO PROVIDE THAT ANY OTHER USE OF THESE PROCEEDS MUST BE EXPRESSLY APPROVED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT, IF THE PROCEEDS FROM SUCH SALES HAVE BEEN USED OR DISTRIBUTED IN VIOLATION OF THIS RESOLUTION, THESE PROCEEDS MUST BE RETURNED TO THE PUBLIC SERVICE AUTHORITY AND USED IN THE MANNER REQUIRED BY THIS JOINT RESOLUTION, AND TO PROVIDE THAT ANY RESOLUTION OR PARTS OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY CONTRARY TO THE REQUIREMENTS OF THIS JOINT RESOLUTION IS NULL AND VOID.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 837.

On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 837.

S. 847 (Word version) -- Senator Waldrep: 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.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 847.

S. 834 (Word version) -- Senators Hayes and Kuhn: A BILL PROPOSING MULTIPLE AMENDMENTS TO THE SOUTH CAROLINA CODE, ANNOTATED, TO INCLUDE PROVISIONS THAT, AMONG OTHER MATTERS, PROVIDE PROCEDURES FOR THE DOMESTICATION OF FOREIGN CORPORATIONS IN SOUTH CAROLINA, PROVIDE PROCEDURES FOR MERGERS OF BUSINESS ENTITIES WITH OTHER BUSINESS ENTITIES, PROVIDE PROCEDURES FOR THE CONVERSION OF BUSINESS

On motion of Senator KNOTTS, with unanimous consent, the names of Senators KNOTTS and BRANTON were added as co-sponsors of S. 834.

S. 846 (Word version) -- Senators Ryberg, Kuhn, Richardson, Moore, Gregory and Giese: A BILL TO AMEND SECTIONS 9-1-1810 AND 9-11-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE CONTINGENCY IN THESE PROVISIONS PROVIDING THAT COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES MAY BE PAID ONLY IF THE INCREASED LIABILITIES RESULTING FROM THESE

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 846.

S. 831 (Word version) -- Senators McGill and Elliott: 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.

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 831.

S. 629 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL DESIGN AND ERECT SIGNS THAT PROMOTE MOTORCYCLE SAFETY ALONG THE STATE'S HIGHWAYS, AND TO PROVIDE THAT THE DEPARTMENT SHALL CONVENE A COMMITTEE TO ADVISE THE DEPARTMENT'S DIRECTOR ON THE DESIGN AND LOCATION OF THE SIGNS.

On motion of Senator HUTTO, the name of Senator HUTTO was added as a co-sponsor of S. 629.

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

Document No. 2839
Agency: Department of Health and Human Services
SUBJECT: Hearing Procedure
Received by Lieutenant Governor January 22, 2004

Document No. 2843
Agency: Department of Health and Human Services
SUBJECT: Recipient Utilization
Received by Lieutenant Governor January 22, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 21, 2004

Document No. 2871
Agency: Department of Health and Environmental Control
SUBJECT: Water Quality Certification
Received by Lieutenant Governor January 21, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2004

Document No. 2872
Agency: Department of Health and Environmental Control
SUBJECT: Air Pollution Control Regulations and Standards
Received by Lieutenant Governor January 22, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 21, 2004

Document No. 2875
Agency: Board of Education
SUBJECT: Additional Areas of Certification
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2876
Agency: Board of Education
SUBJECT: Requirements for Additional Areas of Certification
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2877
Agency: Board of Education

Document No. 2878
Agency: Board of Education
SUBJECT: Gifted and Talented
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2879
Agency: Board of Education
Child Left Behind Act of 2001
SUBJECT: District and School Comprehensive Planning
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2880
Agency: Board of Education
SUBJECT: End-of-Course Tests
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2881
Agency: Board of Education
SUBJECT: Flexibility Through Deregulation Program
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004

Document No. 2885
Agency: Department of Natural Resources
50-11-520, 50-11-530, 50-11-2200 and 50-11-2210
SUBJECT: Wildlife Management Areas and Chronic Wasting Disease

S. 756 (Word version) -- Senators Alexander, Knotts and Reese: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 1-7, 2004, AS BURN AWARENESS WEEK IN SOUTH CAROLINA AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee.

Senator MESCHER asked unanimous consent to adopt the Resolution and order the Resolution sent to the House.

There was no objection.

S. 778 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Education Committee.

There was no objection.

The Bill was recalled from the committee.

On motion of Senator HAYES, with unanimous consent, the Bill was committed to the Committee on Finance.

The following were introduced:

S. 853 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE PREACHER WILLIAM "BILL" TALBERT REESE III ON HIS FIFTIETH ANNIVERSARY AS PASTOR OF LAKESIDE BAPTIST CHURCH IN AIKEN COUNTY AND TO COMMEND HIM FOR HIS EXTRAORDINARY SERVICE AND OUTSTANDING LEADERSHIP.
l:\council\bills\nbd\12085ac04.doc

The Senate Resolution was adopted.

S. 854 (Word version) -- Senators Leatherman, McConnell, Peeler, Martin, Knotts, Richardson, Ritchie, Verdin, Cromer, Ravenel, J. Verne Smith, Giese, Gregory, O'Dell, Fair, Hayes, Alexander, Mescher, Waldrep, Ryberg and McGill: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS, AND TO PROVIDE THAT THIS THREE PERCENT LIMITATION ON USE OF SURPLUS REVENUE AND ACCOUNTING FOR THE GENERAL REVENUE FUND TRANSFER NO LONGER APPLY AFTER THE 2001-2002 ACCUMULATED DEFICIT IS REPAID AND AMOUNTS PREVIOUSLY WITHDRAWN FROM THE GENERAL RESERVE FUND ARE RESTORED.

Senator LEATHERMAN spoke on the Bill.

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

S. 855 (Word version) -- Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.
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Read the first time and referred to the Committee on Finance.

S. 856 (Word version) -- Senator Hawkins: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
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Read the first time and referred to the Committee on Transportation.

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

S. 858 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 261 IN CLARENDON COUNTY THE "MANNY MOORE INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "MANNY MOORE INTERCHANGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 859 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MARIAH HANKERSON JOHNSON OF AIKEN COUNTY ON TUESDAY, NOVEMBER 25, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 860 (Word version) -- Senators Peeler, Ryberg, Knotts, Cromer, Martin, Kuhn and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY.
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Senator PEELER spoke on the Bill.

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

S. 861 (Word version) -- Senators Peeler, Grooms, Cromer, Short and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT A CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA MUST NOT BE CLOSED WITHOUT PRIOR AUTHORIZATION BY THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Education.

H. 4588 (Word version) -- Reps. Freeman, Lucas, Anthony, Hayes, Jennings and Neilson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 CENTRAL HIGH SCHOOL "EAGLES" FOOTBALL TEAM AND HEAD COACH JOEY MANGUM AND HIS STAFF FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AA STATE FOOTBALL CHAMPIONSHIP COMPETITION.

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

H. 4593 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZERS OF THE SOUTH CAROLINA TOBACCO TRAIL CREATED FOR THE PURPOSE OF PRESERVING AND RECOGNIZING THE AGRICULTURAL HISTORY OF OUR STATE'S TOBACCO-GROWING REGION, AND TO THANK ALL THOSE WHO ARE HELPING THE TRAIL TELL THE STORY OF THIS IMPORTANT REGION OF OUR STATE.

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

H. 4602 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO MISS CARRIE L. GASS OF LEE COUNTY ON BEING RECOGNIZED AS ALLEN UNIVERSITY'S OUTSTANDING ALUMNI BY THE LEE COUNTY ALUMNI CHAPTER.

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

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE 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

Whereupon, Senators HUTTO, VERDIN and KNOTTS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND

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

S. 844 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 33-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE OF THE RURAL ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE WORD "RURAL"; TO AMEND SECTION 33-49-20, RELATING TO DEFINITIONS UNDER THE ELECTRIC COOPERATIVES ACT, SO AS TO DELETE THE DEFINITION OF "RURAL AREA" AND ADD DEFINITIONS OF "COMMISSION" AND "CORRIDOR"; TO AMEND ARTICLE 1, CHAPTER 49 OF TITLE 33, BY ADDING SECTION 33-49-140, SO AS TO PROVIDE THAT CERTAIN RIGHTS AND AGREEMENTS ARE NOT AFFECTED BY THIS ACT; TO AMEND SECTION 33-49-210, RELATING TO THE PURPOSE OF ORGANIZATION OF COOPERATIVE NONPROFIT MEMBERSHIP CORPORATIONS, SO AS TO DELETE THE REFERENCE TO RURAL AREAS; TO AMEND SECTION 33-49-250, RELATING TO THE POWERS OF ELECTRIC COOPERATIVES, SO AS TO DELETE A REFERENCE TO RURAL AREAS AND TO PROVIDE THAT ELECTRIC COOPERATIVES HAVE THE RIGHT TO SERVE CERTAIN PREMISES IN AREAS ANNEXED BY MUNICIPALITIES OR NEWLY-INCORPORATED AREAS UNDER CERTAIN CIRCUMSTANCES AND WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 58-27-90, RELATING TO THE CONSTITUTIONAL RIGHTS AND POWERS OF MUNICIPALITIES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-100, RELATING TO MUNICIPAL POLICE REGULATIONS AND ORDINANCES, SO AS TO APPLY THE SECTION TO THE

Senator MOORE explained the Bill.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 844.

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 4508 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN LAURENS 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.

S. 354 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.

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

The Committee on Judiciary proposed the following amendment (JUD0354.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 17-23-175.   (A)   Unless otherwise admissible, an out-of-court statement made to a third party by a child victim or child witness is admissible in a general sessions court proceeding or a delinquency proceeding in family court if:

(1)   the child testifies at the proceeding; and

(2)   the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness.

(B)   For purposes of this section, a 'child victim or child witness' is a person who:

(1)   is under the age of twelve at the time of the making of the statement or who functions cognitively, adaptively, or developmentally under the age of twelve at the time of the making of the statement; and

(2)   is the child victim of or child witness to:

(a)   criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b)   criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c)   criminal sexual conduct in the third degree as defined in Section 16-3-654;

(d)   criminal sexual conduct with minors as defined in Section 16-3-655;

(e)   assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(f)   kidnapping or conspiracy to kidnap as defined in Sections 16-3-910 and 16-3-920;

(g)   committing or attempting a lewd act upon a child as defined in Section 16-15-140;

(h)   knowingly disseminating obscene material to a minor twelve years of age or younger as defined in Section 16-15-355;

(i)     first degree sexual exploitation of a minor as defined in Section 16-15-395;

(j)     second degree sexual exploitation of a minor as defined in Section 16-15-405;

(k)   third degree sexual exploitation of a minor as defined in Section 16-15-410;

(l)     promoting prostitution of a minor as defined in Section 16-15-415;

(m)   participating in the prostitution of a minor as defined in Section 16-15-425;

(n)   contributing to the delinquency of a minor as defined in Section 16-17-490;

(o)   homicide by child abuse as defined in Section 16-3-85;

(p)   infliction or allowing infliction of great bodily injury upon a child as defined in Section 16-3-95;

(q)   physical harm or injury as defined in Sections 16-25-20 or 16-25-40;

(r)   criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65;

(s)   unlawful conduct toward a child as defined in Section 20-7-50;

(t)     cruelty to children as defined in Section 20-7-70; or

(u)   the common law offense of assault and battery of a high and aggravated nature.

(C)   In determining whether a statement possesses sufficient guarantees of trustworthiness under item (A)(2), the court may consider, but is not limited to, the following factors:

(1)   the child's personal knowledge of the event;

(2)   the age and maturity of the child;

(3)   the certainty that the statement was made, including the credibility of the person testifying about the statement;

(4)   any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;

(5)   whether more than one person heard the statement;

(6)   whether the child was suffering pain or distress when making the statement;

(7)   the nature and duration of any alleged abuse;

(8)   whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;

(9)   whether the statement has a ring of verity, has internal consistency or coherence, and uses terminology appropriate to the child's age;

(10)   whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement;

(11)   whether there is pending litigation between the parents of the child; and

(12)   any inculpatory statement of the defendant that corroborates the child's statement.

(D)(1)   The proponent of the statement must inform the adverse party of the proponent's intention to offer the statement at least thirty days prior to the proceeding at which it is to be offered. If a statement is made or discovered within thirty days of the proceeding, the proponent must inform the adverse party of the proponent's intention to offer the statement within forty-eight hours of when the proponent knows of the existence of the statement.

(2)   The contents of a statement offered under this section are subject to discovery pursuant to Rule 5 of the Rules of Criminal Procedure.

(3)   If the declarant is twelve years of age or older, the adverse party may challenge the decision that the child functions cognitively, adaptively, or developmentally under the age of twelve."   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO 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.

S. 589 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE STATE ATTORNEY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FOR ABUSED AND NEGLECTED CHILDREN HAS STANDING TO PETITION THE FAMILY COURT, FOR CERTAIN ENUMERATED REASONS, FOR THE REMOVAL OF A GUARDIAN APPOINTED AS AND ADVOCATED FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING.

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

The Committee on Judiciary proposed the following amendment (JUD0589.006), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FOR ABUSED AND NEGLECTED CHILDREN HAS STANDING TO PETITION THE FAMILY COURT, FOR CERTAIN ENUMERATED REASONS, FOR THE REMOVAL OF A GUARDIAN APPOINTED AS AN ADVOCATE FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING, AND TO PROVIDE THAT THE COURT MUST APPOINT AN ATTORNEY TO REPRESENT A GUARDIAN WHO IS THE SUBJECT OF A REMOVAL ACTION UPON THE GUARDIAN'S REQUEST.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   The 1976 Code is amended by adding:

"Section 20-7-130.   (A)   The South Carolina Guardian Ad Litem Program has standing to petition the family court for the removal of a guardian ad litem appointed pursuant to this subarticle for any of the following reasons:

(1)   malfeasance;

(2)   misfeasance;

(3)   incompetency;

(4)   conflicts of interest;

(5)   misconduct;

(6)   persistent neglect of duty;

(7)   incapacity; or

(8)   a knowing and wilful violation of the program's policies or procedures.

In ruling upon the petition, the judge shall act in the best interest of the child in determining whether to remove the guardian.

(B)   No attorney employed or compensated by or otherwise under contract with the Guardian Ad Litem Program may represent a guardian in a removal action filed by the program pursuant to subsection (A). Regardless of the indigency of the guardian, the court must appoint an attorney to represent the guardian in a removal action upon the guardian's request."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.

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

The Committee on Judiciary proposed the following amendment (JUD0763.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 7-5-170(1) of the 1976 Code is amended to read:

"(1)   Written application required. -- No person may be registered to vote except upon written application which shall become a part of the permanent records of the board to which it is presented and which must be open to public inspection. However, the social security number contained in the application as required by this section must not be open to public inspection."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

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

The Committee on Judiciary proposed the following amendment (JUD0658.004), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 38, as contained in SECTION 1(6), by striking lines 38 through 42 in their entirety and inserting therein the following:

/   (6)   Municipal judges and magistrates are subject to the Code of Judicial Conduct found in Rule 501 of the South Carolina Appellate Court Rules which requires an independent judiciary which shall not be swayed by partisan interests, public clamor, or fear of criticism; and/

Amend the bill further, as and if amended, page 2, lines 8-9, in Section 14-25-15(A), as contained in SECTION 2, by striking lines 8 and 9 in their entirety and inserting therein the following:

/   council to serve for a term set by to coincide with the terms of the council members or, if the council members have staggered terms with the term of the mayor, and not to exceed either two or four years and until his successor is appointed and qualified. His     /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

Senator HAYES explained the Resolution.

Senator ELLIOTT argued in favor of the Resolution.

Senator MARTIN assumed the Chair.

Senator ELLIOTT continued speaking on the Resolution.

Senator LEVENTIS spoke on the Resolution.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the Executive Session followed by adjournment, with Senator LEVENTIS retaining the floor.

By prior motion of Senator McCONNELL, the Senate agreed to go into Executive Session.

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 23, 2004, it stand adjourned to meet next Tuesday, January 27, 2004, at 12:00 Noon, which motion was adopted.

At 1:23 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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