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 Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, probably as early as around 1400 B.C., Moses or a scribe wrote in Leviticus 19:18:
"You shall not hate your brother in your heart... but you shall love your brother as yourself: I am the Lord!"
Let us pray.
Father, a modern realist reminds us that in our common life:
"We should strike a new balance between self interest and the common interest. We need a shared view of the world we seek to build."
Help us to realize that the finest in modern thinking is but a pale reflection of the ancient words,
"Thou shalt love the Lord thy God with all thy heart... mind... and soul... and thy neighbor as thyself."
Amen
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 2940
Agency: Board of Education
SUBJECT: Administrative and Professional Personnel Qualifications, Duties and Workloads
Received by Lieutenant Governor January 18, 2005
Referred to Education Committee
Legislative Review Expiration May 18, 2005
Document No. 2941
Agency: Board of Education
SUBJECT: Assisting, Developing and Evaluating Professional Teaching (ADEPT)
Received by Lieutenant Governor January 18, 2005
Referred to Education Committee
Legislative Review Expiration May 18, 2005
Document No. 2949
Agency: Board of Dentistry - Department of Labor, Licensing and Regulation
SUBJECT: Examination of Dentists and Dental Hygienists
Received by Lieutenant Governor January 18, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 18, 2005
Document No. 2950
Agency: Board of Dentistry - Department of Labor, Licensing and Regulation
SUBJECT: Re-examination
Received by Lieutenant Governor January 18, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 18, 2005
Senator PATTERSON introduced Dr. Gerald A. Wilson of Columbia, S.C., Doctor of the Day.
On motion of Senator McGILL, at 12:06 P.M., Senator WILLIAMS was granted a leave of absence for Wednesday, January 19, 2005.
The following were introduced:
S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2006, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2005.
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Senator MARTIN spoke on the Resolution.
On motion of Senator MARTIN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 285 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE RICHLAND NORTHEAST HIGH SCHOOL ON THEIR 2004 STATE "WE THE PEOPLE: THE CITIZEN AND THE CONSTITUTION" CHAMPIONSHIP, AND WISH THEM SUCCESS AT THE NATIONAL FINALS COMPETITION IN WASHINGTON, D.C., THIS SPRING.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE SPARTANBURG COUNTY DISTRICT ONE SCHOOL BOARD.
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Read the first time and referred to the Committee on Finance.
S. 287 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 43, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-43-355, TO REQUIRE AFFECTED POLITICAL SUBDIVISIONS TO ESTABLISH A METHOD TO ALLOW TAXPAYERS TO MAKE QUARTERLY PAYMENTS TOWARD REAL PROPERTY TAXES AND TO ESTABLISH A PAYMENT SCHEDULE.
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Read the first time and referred to the Committee on Finance.
S. 288 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-28-315 AND 56-11-412 SO AS TO IMPOSE A USER FEE EQUAL TO FIVE CENTS A GALLON ON GASOLINE AND OTHER MOTOR FUELS AND THE ROAD TAX ON MOTOR CARRIERS, TO PROVIDE FOR FURTHER INCREASES IN THESE USER FEES ANNUALLY BASED ON INCREASES IN THE CONSUMER PRICE INDEX TO PROVIDE FOR THE PAYMENT, COLLECTION, ENFORCEMENT, AND USES OF THESE USER FEES, AND TO REPEAL SECTIONS 12-28-2730 AND 12-28-2910, RELATING TO THE CREDITING OF A PORTION OF MOTOR FUEL TAX REVENUES TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND AND THE ECONOMIC DEVELOPMENT ACCOUNT.
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Read the first time and referred to the Committee on Finance.
S. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF BEARS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYER'S LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE; TO AMEND SECTION 50-11-2540, AS AMENDED, RELATING TO THE COMMERCIAL TRAPPING SEASON FOR FURBEARING ANIMALS, SO AS TO REVISE THE LENGTH OF THIS SEASON; TO AMEND SECTION 50-11-2560, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CERTAIN FUR AND FURBEARING PROVISIONS OF LAW, SO AS TO FURTHER PROVIDE FOR THOSE PROVISIONS TO WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-11-2610, RELATING TO FOX AND COYOTE HUNTING ENCLOSURE PERMITS, SO AS TO REVISE THE PERMIT YEAR; AND TO REPEAL SECTION 50-11-2500 RELATING TO PERMITS TO HOLD FURS BEYOND THE END OF THE REGULAR SEASON FOR TAKING FUR BEARING ANIMALS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 290 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE WATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE WATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 291 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AUTHORIZED FOR SALE BY THE DEPARTMENT, SO AS TO REVISE THE AGE AND FEE REQUIREMENTS FOR A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 292 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSE FEES, SO AS TO INCREASE CERTAIN FEES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 294 (Word version) -- Senator Richardson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
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Read the first time and referred to the Committee on Judiciary.
S. 295 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.
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Read the first time and referred to the Committee on Transportation.
S. 296 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME, TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING 56-1-148 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE AFFIXED TO HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, TO PROVIDE THE INTENT FOR AFFIXING THE CODE, AND TO PROVIDE A PROCESS FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES.
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Read the first time and referred to the Committee on Transportation.
S. 297 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IS AUTHORIZED TO PRESCRIBE THE FORM OF ANY LICENSE, STAMP, PERMIT, OR TAGS ISSUED UNDER TITLE 50 AND IS AUTHORIZED TO PROVIDE FOR THEIR ELECTRONIC SALE AND DISTRIBUTION, TO ALSO AUTHORIZE THE DEPARTMENT FOR A FIVE-YEAR PERIOD TO COLLECT A ONE-DOLLAR SURCHARGE ON ANY LICENSE, STAMP, PERMIT, OR TAG ISSUED, AND TO PROVIDE FOR THE MANNER IN WHICH THIS SURCHARGE SHALL BE USED; AND TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE FORM OF THE STAMP MUST BE AS PRESCRIBED BY THE DEPARTMENT; AND TO PROVIDE THAT ANY PICTORIAL STAMP MUST BE VALIDATED BY THE SIGNATURE OF THE LICENSEE WRITTEN ACROSS THE FACE OF THE STAMP.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 298 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3540 SO AS TO ENACT THE "SOUTH CAROLINA LOW INCOME HOUSING TAX CREDIT ACT" WHICH PROVIDES AN INCOME OR PREMIUM TAX CREDIT FOR EXPENDITURES TO DEVELOP RENTAL HOUSING UNITS FOR LOW INCOME TENANTS, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THIS INCOME TAX CREDIT IS AUTHORIZED, AND TO PERMIT THE HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS TO ADMINISTER THIS PROGRAM AND THE TAX CREDITS UNDER THE PROGRAM.
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Read the first time and referred to the Committee on Finance.
S. 299 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT ON JANUARY 1, 2009; TO SECTION 3, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT BEGINNING IN 2008 AND THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT BEGINNING IN 2008 CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM STATE SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.
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Read the first time and referred to the Committee on Judiciary.
S. 300 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS OF CANDIDATES FOR JUDICIAL OFFICE, SO AS TO MAKE A TECHNICAL CHANGE BY CHANGING THE TERM "MAKING NOMINATIONS" TO "DETERMINING QUALIFICATIONS"; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE OF THE GENERAL ASSEMBLY AND RELATING TO THE SEEKING OF PLEDGES OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THE JUDICIAL CANDIDATE IS NOT PERMITTED ON THE FLOOR DURING THE TIME HE IS LISTED AS A QUALIFIED CANDIDATE AND THE ELECTION IS PENDING, AND TO FURTHER PROVIDE THAT THE COMMISSION SHALL RELEASE A LIST OF QUALIFIED CANDIDATES RATHER THAN RELEASING ITS NOMINEES; TO AMEND SECTION 2-19-80, AS AMENDED, RELATING TO THE COMMISSION SELECTING THE THREE BEST QUALIFIED CANDIDATES FOR A JUDICIAL OFFICE AS ITS NOMINEES, SO AS TO REQUIRE THE COMMISSION TO RELEASE A LIST OF ALL QUALIFIED CANDIDATES FOR THE OFFICE, AND TO FURTHER PROVIDE THAT THE LIST OF CANDIDATES IS BINDING ON THE GENERAL ASSEMBLY, AND TO PROVIDE FURTHER CONFORMING CHANGES; AND TO AMEND SECTION 2-19-90, RELATING TO THE JOINT SESSION OF THE GENERAL ASSEMBLY HELD FOR THE ELECTION OF JUDGES, SO AS TO PROVIDE THE CHAIRMAN OF THE COMMISSION SHALL ANNOUNCE THE LIST OF QUALIFIED CANDIDATES FOR EACH JUDICIAL ELECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 301 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE A PROVISION REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-260, AS AMENDED, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING MUNICIPAL PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-310, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABSENTEE VOTING, SO AS TO DELETE CERTAIN DEFINITIONS WHICH ARE NO LONGER NECESSARY WITH THE CHANGES MADE TO THE ARTICLE BY THIS ACT; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF AN APPLICATION FOR ABSENTEE BALLOT, SO AS TO SPECIFY CERTAIN CATEGORIES OF VOTERS WHICH MAY USE A DIFFERENT FORM AND TO PROVIDE THAT A QUALIFIED ELECTOR DOES NOT HAVE TO STATE THE REASON FOR REQUESTING AN ABSENTEE BALLOT ON THE APPLICATION FORM; AND TO AMEND SECTION 7-15-395, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONCERNING PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.
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Read the first time and referred to the Committee on Judiciary.
S. 302 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-345 SO AS TO PROVIDE THAT IN COMPUTING DISTANCE FROM A FIRE STATION OR APPARATUS FOR THE PURPOSE OF DETERMINING COMMERCIAL FIRE INSURANCE RATE CLASSIFICATIONS, A RATING ORGANIZATION SHALL ALLOW THE INSURED A MORE ADVANTAGEOUS FIRE CODE CLASSIFICATION IF THE INSURED CAN DEMONSTRATE THAT REGARDLESS OF DISTANCE, THE RESPONSE TIME FROM THE NEAREST FIRE STATION OR APPARATUS TO THE INSURED LOCATION DOES NOT EXCEED THE MEAN RESPONSE TIME OF A MORE ADVANTAGEOUS FIRE CODE CLASSIFICATION ASSUMING COMPARABLE AVAILABLE WATER SOURCES.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 303 (Word version) -- Senator Leventis: 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.
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Read the first time and referred to the Committee on Judiciary.
Senator ALEXANDER from the Committee on Invitations submitted a favorable report on the following invitations:
Alexander Patterson McGill Reese Knotts O'Dell Elliott Ford Grooms Verdin Campsen
Tuesday - January 25, 2005 - 6:00-8:00 PM:
Members of the Senate, Business Speaks Reception, Columbia Metropolitan Convention Center, by SC CHAMBER OF COMMERCE.
Wednesday - January 26, 2005 - 8:00-10:00 AM:
Members of the Senate and Staff, Breakfast, 221 Blatt Building, by SC COSMETOLOGY ASSOCIATION.
Wednesday - January 26, 2005 - Noon-1:30 PM:
Members of the Senate, Barbecue Lunch, State House Grounds, by SC BAPTIST CONVENTION.
Thursday - January 27, 2005 - 8:00-10:00 AM:
Members of the Senate, Breakfast, Clarion Town House, by SC MANUFACTURERS ALLIANCE.
Tuesday, February 1, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Koger Center, by CAROLINA'S AGC
Wednesday, February 2, 2005 - 8:00-10:00 AM
Members of the Senate and Staff, Drop-In Breakfast, 221 Blatt Building, by SC COMMISSION FOR THE BLIND
Wednesday, February 2, 2005 - Noon or upon adjournment:
Members of the Senate and Staff, Barbeque Lunch, 221 Blatt Building, by SC ATHLETIC TRAINERS' ASSOCIATION
Wednesday, February 2, 2005 - 6:00-8:00 PM:
Members of the Senate, Reception, Clarion Town House, by SC PETROLEUM MARKETERS ASSOCIATION
Wednesday, February 2, 2005 - 8:00-10:00 PM
Members of the Senate, Reception, Seawell's, by TRANSPORTATION ASSOCIATION OF SC
Thursday, February 3, 2005 - 8:00-9:00 AM
Members of the Senate and Staff, Breakfast, Columbia Metropolitan Conference Center, 1101 Lincoln St., Lower Level, by SC CHAPTER AMERICAN PLANNING ASSOCIATION
Tuesday, February 8, 2005 - 1:00-2:30 PM
Members of the Senate, Lunch, Capital City Club, by SC ARTS ALLIANCE
Tuesday, February 8, 2005 - 6:00-8:00 PM
Members of the Senate, Barbeque, National Guard Armory, 924 Stadium Rd., by
SC SUPREME COURT JUSTICES, COURT OF APPEALS, CIRCUIT COURT, FAMILY COURT, MASTER-IN-EQUITY
Wednesday, February 9, 2005 - 8:00-10:00 AM
Members of the Senate and Staff, Buffet Breakfast, Capital City Club, by AARP-SC
Wednesday, February 9, 2005 - 12:00-2:00 PM
Members of the Senate, Lunch, 221 Blatt Building, by SC SCHOOL FOR THE DEAF AND THE BLIND
Wednesday, February 9, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by SC MORTGAGE BROKERS ASSOCIATION
Thursday, February 10, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt Building, by PARTNERS IN CRISIS
Senator RYBERG from the Committee on Transportation submitted a majority favorable with amendments and Senator GROOMS a minority unfavorable report on:
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:
S. 15 (Word version) -- Senators McConnell, Elliott, Ritchie and Fair: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; AND TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.
Ordered for consideration tomorrow.
Senator ELLIOTT from the Committee on Judiciary submitted a favorable with amendment report on:
S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. Verne Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short and Thomas: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
Ordered for consideration tomorrow.
Senator ELLIOTT from the Committee on Judiciary submitted a favorable report on:
S. 19 (Word version) -- Senators McConnell, Campsen, Elliott, Hayes, Fair and Richardson: A BILL TO RATIFY 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.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 23 (Word version) -- Senators Short, Moore, Elliott, Ryberg, Ritchie, Verdin and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable report on:
S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOUR YEARS LATER.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin and Mescher: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 113 (Word version) -- Senators Verdin, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.
Ordered for consideration tomorrow.
Columbia, S.C., January 18, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.347, S. 852 by a vote of 94 to 3:
R. 347, 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.
Very respectfully,
Speaker of the House
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
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.
Senator GROOMS explained the Bill.
On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Sallie Barre James of Spartanburg, S.C.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.
At 2:21 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.
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