Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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, in these days of the convulsions of the oceans, hear the Word of God through His Prophet, Isaiah, 46:6-7: "I will give you as a light to the nations, that my salvation may reach to the end of the earth."
Let us pray.
O God, our Father, this hallowed Chamber, these walls speak to us of struggle, war, peace, panic...and also of times of joy and prosperity in the past.
YOU ARE OUR HOPE IN EVERY AGE!
We thank you for Your Call through our people for the privilege of serving them...and You, in this time and place.
So, here we are: experienced Senators, new Senators, faithful and loyal staffs praying:
"Spirit of God, descend upon my heart: I ask no dream, no prophet ecstasies, no sudden rending of the veil of clay - no opening skies, but take the dimness of my soul away. Amen."
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 852 (Word version), R-347. I am vetoing this bill because it will increase the current $4.2 billion debt burden on the South Carolina Retirement System, which from 1999 to 2004 increased its debt by 320 percent, taking the system from strong financial soundness to well beyond its constitutional debt limit when taking cost-of-living increases (COLAs) into account.
Sections 1, 2 and 3 of this legislation allow individuals to purchase service credit in the South Carolina Retirement System for work performed as a student employed by a postsecondary public technical college, junior college, or public four-year and postgraduate institution of higher learning. Section 4 provides that retirement contributions are only due on forty-five days of termination pay for unused annual leave. I am vetoing this legislation because Sections 1, 2, and 3 will increase the financial liability of the system by expanding the purchase of service credit. I do not object to Section 4, which simply reflects current law regarding termination pay for unused annual leave.
The Retirement System has indicated that expanding the purchase of service credit to college work-study students would not have an adverse financial impact; but its analysis is based on the assumption that its current formula to purchase service credit is actuarially sound. We believe the system's assumption is flawed because it does not take into consideration future COLAs, even though the system has consistently paid COLAs over the past 35 years.
The financial health of the Retirement System is based on actuarial valuations of the future liabilities and future assets of the system based on a variety of assumptions. The unfunded liability of the system is currently $4.2 billion. Governmental accounting standards require that the unfunded portion of future liabilities have to be amortized within 30 years. The Retirement System's unfunded liability has skyrocketed from a 2-year unfunded liability in 1999 to 27 years today. Meaning, it will now take 27 years for the state to payoff the Retirement System's $4.2 billion unfunded future liabilities.
The current 27-year unfunded liability does not take into consideration future COLAs. State law currently requires the payment of COLAs as long as the Retirement System can absorb the costs within its ability to take on additional unfunded debt. COLAs increased the system's unfunded liability by $149 million in 2002, $278 million in 2003, and $211 million this year. Current projections show the Retirement System being unable to pay COLAs as early as 2006. The Retirement System estimates the future cost of an average 3 percent COLA increase would add an additional $9 to $11 billion dollars in unfunded liabilities.
The unfunded liability of the Retirement System has reached a point where we question whether expanding the purchase of service credit is prudent, especially with the system's actuaries not including COLAs as a future liability of the system. Clearly, if COLAs were factored into any valuation of the Retirement System, the current cost of purchasing service credit would not be sufficient to offset the system's increased future liability.
For these reasons, I am vetoing S. 852, R-347 and returning it to you without my signature.
Sincerely,
/s/ Mark Sanford
R347, S. 852 (Word version) -- Senator McGill: AN ACT TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION AND TO AMEND SECTIONS 9-1-1020, AND 9-11-210, BOTH A AMENDED, RELATING TO MEMBER CONTRIBUTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CONTRIBUTION REQUIREMENTS ON UNUSED ANNUAL LEAVE AND THE USE OF SUCH PAYMENTS IN CALCULATING AVERAGE FINAL COMPENSATION.
The veto of the Governor was taken up for immediate consideration.
Senator HAYES spoke on the veto.
Senator HAYES moved that the veto of the Governor be overridden.
Senator RYBERG argued contra to the motion to override the veto.
Senator PATTERSON argued in favor of the motion to override the veto.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Cleary Courson Cromer Drummond Elliott Ford Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews* McConnell McGill Mescher Moore * O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Scott Setzler Sheheen Short Smith, J. Verne Williams
Bryant Campsen Fair Ritchie Ryberg Thomas
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 131 (Word version), R-386, a bill which contains various sections relating to military preparedness, in-state college tuition eligibility and violence against teachers. While I fully support the portions of this bill creating the Teacher Protection Act, unfortunately this Act was bobtailed onto a bill which I do not support.
I am vetoing this bill because I object to Section 2 which creates the South Carolina Military Preparedness and Enhancement Commission. An identical version of Section 2 was passed by the General Assembly a second time in a stand-alone bill, H. 4481, R-386, which I have also vetoed today. I am re-stating the reasons for my objection to H. 4481 below.
Though well-intentioned, this legislation duplicates ongoing efforts to work with communities of interest in the 2005 round of the Base Realignment and Closure Commission (BRACC) established at the Department of Defense (DoD). In addition, no funds were appropriated to fund efforts prescribed by this legislation which I believe will provide little additional assistance in preparing communities for the BRACC process.
On March 10, 2003, I signed Executive Order 2003-10 creating the South Carolina Military Base Task Force, which included representatives from state and local governments, as well as representatives from the business community. This Task Force was created to coordinate the efforts of local business and community leaders with those of state government to bring together all of the military communities in the state for the 2005 round of BRACC. In addition, the Executive Order created the Governor's Military Base Advisory Committee to provide guidance to my office and the Task Force on providing leadership for a coordinated strategy both here in South Carolina and in Washington, D.C. This legislation puts in statute a commission which already exists, and performs duties that are already being carried out.
Second, there were no resources provided for either the staffing of the commission or for the South Carolina Military Value Revolving Loan Fund. The commission is to be staffed by the Governor's Office, which, if necessary, could be done through existing staff. However, no funding was provided for the Revolving Loan Fund, which would provide financing to military communities around the state to prepare for the upcoming BRACC. The earliest that any funding could be made available by the General Assembly would be January 2005, only four months before the Secretary of Defense is to make recommendations to the BRACC.
Third, at this point, enactment of this legislation will likely have little impact on the BRACC process because the process is very near completion. Under the BRACC timeline, the Secretary of Defense is to have the final Department of Defense recommendations to the BRACC by May 2005 and the BRACC final recommendations go to the President in September 2005. Given past history, the DoD recommendations will closely mirror the final recommendations, leaving the state with just a few short months of operational time under the proposed legislation.
Finally, and most importantly, my greatest concern is that this legislation may do more harm than good with regard to South Carolina's activities during this BRACC. Since the creation of the Advisory Committee and the Task Force, these members have invested hundreds of hours to establish and maintain close working relationships with members of the BRACC, the Department of Defense, and our congressional delegation. I fear that changing the structure at this point would do three things - upset the relations the Task Force has built, undermine each member's ability to effectively advocate before the Pentagon, BRACC, and local officials whom they have built relations with, and finally, de-stabilize an established process that has been up and running since March 10, 2003.
This administration is committed to working with the Comptroller General and the communities of interest to provide a well-coordinated effort for the upcoming round of BRACC. The state has provided funding to military communities for their efforts in preserving our military missions in South Carolina. In fact, each community will each receive $100,000 this year for those efforts.
My veto of S. 131 is based entirely on my objections to the creation of the Military Preparedness and Enhancement Commission, not the Teacher Protection Act. My administration has consistently and strongly supported passage of this measure to increase criminal penalties against students who commit violence against teachers and other school officials. The Teacher Protection Act was even part of my 2004 Checklist for Change. However, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this bill. Therefore, if the General Assembly presents legislation to me that contains unrelated sections, some of which I do not support, I am compelled to veto the entire bill.
I strongly encourage members of the General Assembly to send me a clean Teacher Protection Act as soon as possible this upcoming legislative session so that I can immediately sign it when it reaches my desk.
Sincerely,
/s/ Mark Sanford
R386, S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: AN ACT TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES AND TO PROVIDE AN EXCEPTION TO THIS GENERAL ELIGIBILITY FOR IN-STATE TUITION FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, TO AMEND THE 1976 CODE 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, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST 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, AND BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE, AND TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2004, BY AMENDING SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN spoke on the veto.
Senator LEATHERMAN moved that the veto of the Governor be sustained.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Grooms Hutto Jackson Land Leventis Lourie Malloy Patterson Pinckney Reese Richardson Short
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Hawkins Hayes Knotts Leatherman Martin McConnell McGill Mescher O'Dell Peeler Rankin Ritchie Ryberg Scott Setzler Sheheen Smith, J. Verne Thomas Williams
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Senator CLEARY introduced Dr. Gerald E. Harmon of Georgetown, S.C., Doctor of the Day.
The following were introduced:
S. 189 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE ON THE DEATH OF E. ROGER IPOCK OF MANNING AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 190 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF CHIEF JUDGE BEN GEER ALDERMAN, JR., SUMMARY COURT OF CLARENDON COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 191 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO SALUTE AND THANK COMMITTED COMMUNITY LEADER, DEVOTED HUSBAND, AND LOVING FATHER, THE HONORABLE LEROY E. BROWNE, SR., OF ST. HELENA ISLAND FOR THE CONTRIBUTIONS MADE TO THE RESIDENTS OF ST. HELENA ISLAND AND BEAUFORT COUNTY DURING HIS DISTINGUISHED TWENTY-YEAR POLITICAL CAREER.
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The Senate Resolution was adopted.
S. 192 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF HAND MIDDLE SCHOOL IN RICHLAND DISTRICT ONE FOR BEING SELECTED TO RECEIVE THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS "CREATIVE TICKET-NATIONAL SCHOOL OF DISTINCTION" AWARD FOR THE 2003-2004 SCHOOL YEAR.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 193 (Word version) -- Senator Ford: A SENATE RESOLUTION TO EXTEND BEST WISHES TO FORMER LEGISLATOR AND ADVOCATE FOR JUSTICE, THE HONORABLE THOMAS DELANO BROADWATER, SR., ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY AND TO WISH HIM CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.
S. 194 (Word version) -- Senators Martin, Bryant and Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PROVIDE FOR THE DESIGNATION OF A CERTAIN PORTION OF HIGHWAY 153.
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On motion of Senator MARTIN, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 195 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE MANUAL CONTAIN THE NAMES OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.
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The Concurrent Resolution was introduced and referred to the General Committee.
S. 196 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS P. CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 P.M. ON TUESDAY, FEBRUARY 22, 2005.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 197 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF US HIGHWAY 17 NORTH FROM ITS INTERSECTION WITH VENNING ROAD TO THE INTERSECTION OF SEWEE ROAD IN CHARLESTON COUNTY THE "SWEETGRASS BASKET MAKERS HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "SWEETGRASS BASKET MAKERS HIGHWAY" ALONG THIS PORTION OF HIGHWAY.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 198 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 199 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 3, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION, DUTIES, AND PROCEDURES OF THE DEPARTMENT OF AGRICULTURE AND THE COMMISSIONER OF AGRICULTURE, SO AS TO FURTHER PROVIDE FOR THEIR ORGANIZATION, DUTIES, AND PROCEDURES.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 200 (Word version) -- Senator Grooms: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16, SO AS TO CREATE THE SOUTH CAROLINA STATE FARMER'S MARKET AUTHORITY FOR THE PURPOSE OF FINANCING, CONSTRUCTING, AND OPERATING THE SOUTH CAROLINA STATE FARMER'S MARKET; AND TO AMEND TITLE 46 OF THE 1976 CODE BY REPEALING CHAPTER 15.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 201 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 38 SO AS TO ENACT THE VIATICAL SETTLEMENTS ACT, TO PROVIDE FOR THE PROTECTION OF CONTRACTUAL AND PROPERTY RIGHTS OF A LIFE INSURANCE POLICY OWNER TO SEEK A VIATICAL SETTLEMENT, TO ESTABLISH CONSUMER PROTECTIONS BY PROVIDING FOR THE REGULATION OF A VIATICAL SETTLEMENT TRANSACTION, TO PROVIDE FOR THE LICENSING AND REGULATION OF A VIATICAL SETTLEMENT PROVIDER AND OTHERS INVOLVED IN A VIATICAL SETTLEMENT TRANSACTION, TO PROVIDE FOR ANTI-FRAUD MEASURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 202 (Word version) -- Senators Sheheen, Lourie and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-175 SO AS TO PROVIDE THAT A LENDER WHO DELIVERS AN UNSOLICITED CHECK TO A PERSON MUST DISCLOSE THAT THE CHECK SECURES A LOAN, THE TERMS OF THE LOAN, AND NOTICE THAT BY NEGOTIATING THE CHECK THE RECIPIENT HAS ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION AND RECOURSE FOR INTENDED PAYEES IF AN UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO APPROPRIATE PENALTIES AND ENFORCEMENT.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 203 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-65 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, SOUTH CAROLINA STATE UNIVERSITY SHALL ESTABLISH A LAW SCHOOL AND AN UNDERGRADUATE ENGINEERING SCHOOL, TO PROVIDE FOR THE MANNER IN WHICH THE LAW SCHOOL AND ENGINEERING SCHOOL MUST BE ESTABLISHED AND FUNDED, AND TO PROVIDE FOR FACULTY AT THE UNIVERSITY OF SOUTH CAROLINA LAW SCHOOL AND THE COLLEGE OF ENGINEERING OF THE UNIVERSITY OF SOUTH CAROLINA, BOTH IN COLUMBIA, TO TEACH ALSO AT THE COUNTERPART SCHOOLS AT SOUTH CAROLINA STATE UNIVERSITY.
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Read the first time and referred to the Committee on Education.
S. 204 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
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Read the first time and referred to the Committee on Finance.
S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
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Read the first time and referred to the Committee on Finance.
S. 206 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 111, TITLE 59 SO AS TO EXEMPT A PERSON WHO IS CALLED TO ACTIVE MILITARY DUTY FROM PAYING TUITION TO A PUBLIC INSTITUTION OF HIGHER LEARNING OR A TECHNICAL COLLEGE IN THIS STATE WHEN HE RETURNS FROM SERVING HIS TERM OF ACTIVE DUTY PURSUANT TO CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Finance.
S. 207 (Word version) -- Senators J. Verne Smith and Hutto: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO CLAIMS FOR REFERRAL PURPOSES OF CLAIMS MADE PURSUANT TO THE AMENDMENTS MADE BY THIS ACT.
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Read the first time and referred to the Committee on Finance.
S. 208 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OR OPERATION OF CERTAIN GAMBLING MACHINES OR DEVICES, SO AS TO PERMIT A PERSON TO POSSESS ON HIS PREMISES BUT NOT OPERATE SPECIFIED NONELECTRONIC ANTIQUE SLOT MACHINES MANUFACTURED BEFORE 1970.
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Read the first time and referred to the Committee on Finance.
S. 209 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS TO PROPERTY LEASED BY SUCH DEPARTMENTS AND SQUADS.
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Read the first time and referred to the Committee on Finance.
S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.
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Read the first time and referred to the Committee on Finance.
S. 211 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-315 SO AS TO PROVIDE THAT WHERE THE PALMETTO TRAIL ADJOINS PUBLIC PROPERTY AND PRIVATE PROPERTY, NO FIREARMS MAY BE DISCHARGED WITHIN TWENTY-FIVE YARDS OF EACH SIDE OF THE TRAIL, TO PROVIDE THAT THE TRAIL ALSO MAY NOT BE USED AS A MEANS OF TRESPASSING FOR HUNTING OR FOR TURNING DOGS LOOSE FOR THE PURPOSE OF HUNTING WITHIN A TWENTY-FIVE YARD BUFFER OF EITHER SIDE OF THE TRAIL, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews and Rankin: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 213 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO CREATE A STATE GOVERNMENT INTERAGENCY STUDY COMMITTEE TO STUDY STEPS TO BE TAKEN TO PROVIDE OPPORTUNITIES FOR TRAILS ON STATE OWNED OR LEASED LAND OR PRIVATELY OWNED LAND FOR OFF-ROAD MOTORCYCLE AND ALL TERRAIN VEHICLE RECREATIONAL ACTIVITY; TO PROVIDE FOR THE STUDY COMMITTEE MEMBERSHIP; AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 14, 2006, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 214 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 215 (Word version) -- Senator Ford: A JOINT RESOLUTION TO ACKNOWLEDGE THE FUNDAMENTAL INJUSTICES, CRUELTY, AND INHUMANITY INFLECTED UPON THE VICTIMS OF THE "ORANGEBURG MASSACRE" IN LIGHT OF GOVERNOR MARK SANFORD'S RECENT FORMAL APOLOGY FOR THE MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL WHO GUNNED DOWN THREE STUDENTS AND INJURED TWENTY-SEVEN OTHER STUDENTS DURING THIS INCIDENT, AND TO CREATE A COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY TO COMPENSATE THE VICTIMS AND FAMILIES OF THE VICTIMS OF THIS TRAGEDY.
l:\council\bills\swb\6194cm05.doc
Read the first time and referred to the General Committee.
S. 216 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKE-UP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.
l:\council\bills\swb\6203sd05.doc
Read the first time and referred to the General Committee.
S. 217 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.
l:\council\bills\nbd\11128ac05.doc
Read the first time and referred to the Committee on Judiciary.
S. 218 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
l:\council\bills\dka\3029dw05.doc
Read the first time and referred to the Committee on Judiciary.
S. 219 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-135, SO AS TO REQUIRE ALL POLITICAL SUBDIVISIONS OF THE STATE RECEIVING ANY STATE FUNDS TO OBSERVE STATE LEGAL HOLIDAYS, TO PROVIDE THAT PAYMENT OF STATE FUNDS OTHERWISE DUE A POLITICAL SUBDIVISION MUST BE SUSPENDED IF A POLITICAL SUBDIVISION FAILS TO OBSERVE ALL STATE LEGAL HOLIDAYS, AND TO DEFINE "POLITICAL SUBDIVISION".
l:\council\bills\ggs\22855sd05.doc
Read the first time and referred to the Committee on Judiciary.
S. 220 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES AND NOT THE COURT MUST IDENTIFY ALL VEHICLES REGISTERED TO THE CONVICTED PERSON, TO DELETE THE PROVISION THAT ASSESSES A FINE AGAINST A PERSON WHO FALSIFIES A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO THE CONVICTED PERSON, TO DELETE THE FEE THAT THE COURT MUST ASSESS FOR EACH MOTOR VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES; TO ESTABLISH A REINSTATEMENT FEE THAT MUST BE PAID TO THE DEPARTMENT; AND TO MAKE A TECHNICAL CORRECTION.
l:\council\bills\swb\6222cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 221 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS.
l:\council\bills\ms\7091ahb05.doc
Read the first time and referred to the Committee on Judiciary.
S. 222 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-367 SO AS TO MAKE IT UNLAWFUL TO COMMUNICATE PROFANITY IN A PUBLIC FORUM OR PLACE OF PUBLIC ACCOMMODATION; BY ADDING SECTION 16-15-427 SO AS TO DEFINE THE FELONY OFFENSE OF DISSEMINATING PROFANITY TO A MINOR AND PROVIDE A PENALTY; TO AMEND SECTION 16-15-305, AS AMENDED, RELATING TO DISSEMINATING OBSCENITY, SO AS TO SPECIFY BOTH ORAL AND WRITTEN PUBLICATION; AND TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MORALITY AND DECENCY OFFENSES AGAINST MINORS, SO AS TO INCLUDE A CROSS REFERENCE TO SECTION 16-15-427 (DISSEMINATING PROFANITY TO A MINOR).
l:\council\bills\pt\2236sj05.doc
Read the first time and referred to the Committee on Judiciary.
S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.
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Read the first time and referred to the Committee on Judiciary.
S. 224 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 5-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUATION OF SERVICE BY SPECIAL PURPOSE DISTRICTS FOLLOWING ANNEXATION BY A MUNICIPALITY, SO AS TO PROVIDE FOR THE CONTINUED HEALTH, SAFETY, AND GENERAL WELFARE OF A PERSON AND REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE DISTRICT BEFORE EXTENSION OF CORPORATE LIMITS.
l:\council\bills\dka\3088dw05.doc
Read the first time and referred to the Committee on Judiciary.
S. 225 (Word version) -- Senator Knotts: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF CONSOLIDATING ALL STATE LAW ENFORCEMENT AGENCIES INTO ONE AGENCY AND TO ISSUE A REPORT TO THE GOVERNOR, THE SENATE, AND THE HOUSE OF REPRESENTATIVES CONTAINING ITS FINDINGS AND RECOMMENDATIONS.
l:\council\bills\swb\6228cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 226 (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.
l:\council\bills\pt\2233sj05.doc
Read the first time and referred to the Committee on Judiciary.
S. 227 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
l:\council\bills\nbd\11138ac05.doc
Read the first time and referred to the Committee on Judiciary.
S. 228 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-140 SO AS TO AUTHORIZE A GOVERNING BODY OF A COUNTY OR MUNICIPALITY TO GRANT OR DENY A WAIVER FROM THE REQUIREMENTS OF CODES OR ORDINANCES SPECIFYING THE LOCATION OF FIRE HYDRANTS; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM WAIVERS GRANTED OR DENIED.
l:\council\bills\gjk\20065sd05.doc
Read the first time and referred to the Committee on Judiciary.
Senator LEVENTIS spoke on the Bill.
S. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.
l:\council\bills\bbm\10514ahb05.doc
Read the first time and referred to the Committee on Judiciary.
S. 230 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 6-1-320, OF THE 1976 CODE, RELATING TO MILLAGE RATE INCREASE LIMITATIONS AND EXCEPTIONS, TO PROVIDE THAT ANY MILLAGE RATE INCREASES MUST FIRST BE APPROVED BY THE MAJORITY OF QUALIFIED ELECTORS AT A REFERENDUM.
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Read the first time and referred to the Committee on Judiciary.
S. 231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-1100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH A CONVICTION FOR BEING ADJUDICATED AS A HABITUAL OFFENDER, SO AS TO DELETE THE TERM "DEPARTMENT" AND REPLACE IT WITH THE TERM "COURT" FOR PURPOSES OF PROVIDING CERTAIN NOTIFICATIONS.
l:\council\bills\swb\6198cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 232 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 6-7-1260 AND 6-29-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME WHICH A PLANNING COMMISSION MUST SUBMIT ITS REPORT AND RECOMMENDATION ON CHANGES TO ZONING REGULATIONS AND MAPS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE THE DAYS THE TIME TO SUBMIT THE REPORT.
l:\council\bills\dka\3024dw05.doc
Read the first time and referred to the Committee on Judiciary.
S. 233 (Word version) -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.
l:\council\bills\bbm\10532mm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 234 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 26-1-10 OF THE 1976 CODE, RELATING TO THE APPOINTMENT AND TERM OF NOTARIES PUBLIC, TO CHANGE THE APPOINTING OFFICIAL FROM THE GOVERNOR TO THE SECRETARY OF STATE; TO AMEND SECTION 26-1-20, RELATING TO THE ENDORSEMENT OF NOTARY PUBLIC APPLICATIONS, TO PROVIDE THAT AN APPLICANT FOR THE OFFICE OF NOTARY PUBLIC MUST HAVE HIS APPLICATION ENDORSED BY THE CLERK OF COURT OR HIS DESIGNEE; AND TO REPEAL SECTION 26-1-25.
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Read the first time and referred to the Committee on Judiciary.
S. 235 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE, SALE, OR ISSUANCE OF A DRIVER'S LICENSE, AND PENALTIES FOR VIOLATIONS OF THIS PROVISION, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS PROVISION.
l:\council\bills\swb\6199cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
l:\council\bills\swb\6216cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 237 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING A PERSON WITH A NOTICE SUSPENDING HIS DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REVISE THE NOTIFICATION PROCEDURE.
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Read the first time and referred to the Committee on Transportation.
S. 238 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO REVISE THE LOCATIONS OF A HEARING IN WHICH A PERSON SEEKS TO HAVE HIS DRIVER'S LICENSE REINSTATED MAY BE HEARD, TO REVISE THE LIST OF OFFICIALS WHO MAY DEMAND A HEARING AND MUST BE SERVED A COPY OF A PETITION DEMANDING A HEARING, TO REVISE THE SOURCES OF INFORMATION SUBMITTED TO THE COURT THAT IT MAY CONSIDER WHEN DETERMINING WHETHER A DRIVER'S LICENSE SHOULD BE REINSTATED, AND TO REVISE THE CONDITIONS UPON WHICH THE COURT MAY ORDER THE REINSTATEMENT OF A DRIVER'S LICENSE.
l:\council\bills\swb\6214cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 239 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO HAS BEEN ISSUED A RESTRICTED DRIVER'S LICENSE UNDER CERTAIN PROVISIONS OF LAW SUBSEQUENTLY BECOMING INELIGIBLE FROM BEING ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED BECAUSE OF HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR REGISTERS A CERTAIN LEVEL OF ALCOHOL CONCENTRATION AND WHO HAS BEEN ISSUED A RESTRICTED DRIVER'S LICENSE SUBSEQUENTLY, IS INELIGIBLE FROM BEING ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE.
l:\council\bills\swb\6201cm05.doc
Read the first time and referred to the Committee on Judiciary.
S. 240 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 31-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE FEDERAL DEFENSE FACILITIES REDEVELOPMENT LAW, SO AS TO PROVIDE FOR A MUNICIPALITY AS A PART OF THE "AREA OF OPERATION" ENTITLED TO REPRESENTATION ON A REDEVELOPMENT AUTHORITY; TO AMEND SECTION 31-12-40, AS AMENDED, RELATING TO THE CREATION OF A REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERSHIP COMPOSITION OF A REDEVELOPMENT AUTHORITY CONTROLLING PROPERTY WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY, TO REQUIRE RESTRUCTURING OF A NONCOMPLYING AUTHORITY, TO PROVIDE THAT A NEWLY CREATED OR RESTRUCTURED AUTHORITY IS A CREATION OF THE MUNICIPALITY AND NOT THE STATE, TO CONFER UPON THE NEW OR RESTRUCTURED AUTHORITY ALL THE SEPARATE AND DISTINCT POWERS OF OTHER REDEVELOPMENT AUTHORITIES, TO PROVIDE THAT THE NEW OR RESTRUCTURED ENTITY IS NOT A STATE AGENCY FOR, AMONG OTHER THINGS, PURPOSES OF LEASING OF, ACQUISITION OF TITLE TO, AND OTHER TRANSACTIONS INVOLVING REAL PROPERTY AND COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE, AND TO REQUIRE THE NEW OR RESTRUCTURED AUTHORITY TO INDEMNIFY THE STATE AGAINST LOSSES ARISING OUT OF ITS TRANSACTIONS OR ITS LIABILITIES; TO AMEND SECTIONS 31-12-50 AND 31-12-100, BOTH AS AMENDED, RELATING TO MEMBERSHIP TERMS AND DISSOLUTION OF A REDEVELOPMENT AUTHORITY, RESPECTIVELY, BOTH SO AS TO CONFORM THEM TO CHANGES IN SECTION 31-12-40; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO ISSUANCE OF OBLIGATIONS AND DISPOSITION OF FUNDS BY A MUNICIPALITY, SO AS TO INCLUDE IN THE TIME LIMIT FIFTEEN YEARS FROM THE DATE THE AUTHORITY IS RESTRUCTURED AND CEASES TO BE A CREATION OF THE STATE; TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO CERTIFICATION OF THE ASSESSED VALUE OF THE TAXABLE PROPERTY IN A PROJECT AREA AND DETERMINATION OF PERCENTAGES REPRESENTING EACH TAXING DISTRICT, SO AS TO PROVIDE THAT THE VALUE BE DETERMINED AS OF THE AUTHORITY'S ORIGINAL CREATION OR THE DATE THE PROPERTIES WERE SCHEDULED FOR DISPOSAL, WITHOUT REGARD TO RESTRUCTURING; TO AMEND SECTION 61-4-510, AS AMENDED, RELATING TO DISTRIBUTION OF FEES FROM BEER AND WINE PERMITS, SO AS TO PROVIDE FOR A SPECIAL FUND TO SUPPORT A FEDERAL DEFENSE FACILITIES REDEVELOPMENT AUTHORITY; AND TO PROVIDE FOR TRANSITIONAL OPERATION OF AN EXISTING FEDERAL DEFENSE FACILITIES REDEVELOPMENT AUTHORITY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 241 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION ISSUED BY A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST SERVE NOTICE OF HIS APPEAL UPON BOTH THE MAGISTRATE AND ALL RESPONDENTS.
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Read the first time and referred to the Committee on Judiciary.
S. 242 (Word version) -- Senator Ford: A BILL TO REPEAL CHAPTER 7, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO WORK REGARDLESS OF MEMBERSHIP OR NONMEMBERSHIP IN AN ORGANIZATION OR LABOR UNION.
l:\council\bills\pt\2237sj05.doc
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 243 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2008, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
l:\council\bills\bbm\10533mm05.doc
Read the first time and referred to the Committee on Medical Affairs.
S. 244 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-497 SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A DRYCLEANING FACILITY MAY, FOR VALID REASONS, OPT OUT OF COVERAGE UNDER THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO REQUIRE THE FACILITY TO HAVE BEEN SOLD IN AN ARMS LENGTH TRANSACTION SUBSEQUENT TO WITHDRAWING FROM THE TRUST FUND IN ORDER TO REREGISTER FOR COVERAGE UNDER THE FUND, AND TO PROVIDE THAT FEES PAID INTO THE TRUST FUND ARE NONREFUNDABLE.
l:\council\bills\nbd\11107ac05.doc
Read the first time and referred to the Committee on Medical Affairs.
S. 245 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-72 SO AS TO REQUIRE HOSPITALS TO REPORT TO LAW ENFORCEMENT CRIMINAL CONDUCT THAT RESULTS IN INJURY TO A HOSPITAL PATIENT AND TO REQUIRE SUCH REPORT TO BE MADE NO LATER THAN TWELVE HOURS AFTER THE INCIDENT OCCURRED.
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Read the first time and referred to the Committee on Medical Affairs.
S. 246 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
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Read the first time and referred to the Committee on Medical Affairs.
S. 247 (Word version) -- Senators J. Verne Smith and Hutto: A BILL TO AMEND ARTICLES, 1, 3, AND 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO AS TO ALSO APPLY THIS CHAPTER TO PERSONS WITH EPILEPSY, TO CONFORM REFERENCES THROUGHOUT THE CHAPTER, TO MAKE TECHNICAL CORRECTIONS, AND TO RENAME CHAPTER 20, TITLE 44 "SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, EPILEPSY, HEAD INJURIES, AND SPINAL CORD INJURIES ACT".
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Read the first time and referred to the Committee on Medical Affairs.
S. 248 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL APPLICATION FOR OR USE OF A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
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Read the first time and referred to the Committee on Transportation.
S. 249 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" LICENSE PLATES, SO AS TO PROVIDE THAT ALL FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN THE SPECIAL "KEEP SOUTH CAROLINA BEAUTIFUL FUND".
l:\council\bills\swb\6142cm05.doc
Read the first time and referred to the Committee on Transportation.
S. 250 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-5-4020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROVISIONS THAT REGULATE THE SIZE, WEIGHT, AND LOAD LIMITATIONS FOR VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT PEANUT WAGONS ARE EXEMPTED FROM COMPLYING WITH THESE PROVISIONS.
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Read the first time and referred to the Committee on Transportation.
S. 251 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-9600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, SO AS TO DELETE THE TERM "STATE VETERINARIAN" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE".
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Read the first time and referred to the Committee on Transportation.
S. 252 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
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Read the first time and referred to the Committee on Transportation.
S. 253 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 254 (Word version) -- Senators McGill and Cleary: A BILL TO AMEND ACT 591 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE GEORGETOWN LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator McGILL, with unanimous consent, S. 254 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3233 (Word version) -- Rep. G. M. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BOBBY MATTHEWS OF SUMTER FOR HIS FIFTY YEARS OF EDUCATING, COACHING, MENTORING, AND LEADING STUDENTS AS CHAIRMAN OF THE SUMTER SCHOOL DISTRICT 17 BOARD OF TRUSTEES, AND TO WISH HIM GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3252 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO CONGRATULATE THE ROCK HILL HIGH SCHOOL BEARCATS OF YORK COUNTY ON THEIR 2004 STATE AAAA BIG 16 FOOTBALL TITLE, AND TO HONOR THE OUTSTANDING PLAYERS AND COACH JIM RINGER ON THEIR IMPRESSIVE SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3253 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE HARVARD UNIVERSITY PROFESSOR MICHAEL E. PORTER FOR HIS OUTSTANDING EFFORTS IN ASSISTING AND PROMOTING THE ECONOMIC DEVELOPMENT AND COMPETITIVENESS OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senators MOORE, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, SCOTT, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Walter G. Ryberg of Eau Claire, Wisconsin, beloved father of Senator GREG RYBERG.
At 3:24 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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