Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the transfer of power from Moses to Joshua in another epic of history. (Deuteronomy 31:6):

"Be strong and bold; have no dread of them, because it is the Lord your God who goes with you, He will not fail you or forsake you."

Let us pray.

Yes, Lord, it is time to pray. Father, help us to "be strong and bold." We ask your blessings upon the men, women and children of Iraq who yearn for freedom and a happy life. Help them to "be strong and bold."

We pray in the Name of the God of Moses and Joshua.

Amen.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

David Stuart Wood, 764 Atherton Way, Rock Hill, S.C. 29730 VICE Brenda Ervin

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 2005, and to expire March 15, 2011

2nd Congressional District:

James A. Gordon, 100 Northeast Dr., Suite 113, Columbia, S.C. 29203 VICE June Strother Shissias

Referred to the Committee on Corrections and Penology.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2006

Ex-Officio - Local Technical College:

Mr. J. Neal Workman, Jr., Trehel, P. O. Box 1707, Clemson, S.C. 29633-1707 VICE Deloris Ham Oliver

Referred to the Committee on Education.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2008

At-Large:

Dr. R. Layton McCurdy, 3 Chisolm Street, #301, Charleston, S.C. 29401 VICE R. Austin Gilbert (resigned)

Referred to the Committee on Education.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence June 30, 2004, and to expire June 30, 2006

Private College Presidents:

Dr. Mitchell McGeever Zais, Newberry College, 2100 College Street, Newberry, S.C. 29108 VICE John V. Griffith (resigned)

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2003, and to expire June 30, 2006

At-Large:

Harry J. Love, 408 38th Avenue North, Myrtle Beach, S.C. 29577 VICE Connie R. Williams

Referred to the Committee on Education.

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor

County officer:

Barney J. Blackwell, P. O. Box 193, Laurens, S.C. 29360 VICE Robert Weaver (resigned)

Referred to the General Committee.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2002, and to expire June 30, 2006

4th Congressional District:

Dorothy C. Bailey, 306 Raven Road, Greenville, S.C. 29615 VICE Jane W. Daniel (resigned)

Referred to the Committee on Judiciary.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2005, and to expire May 19, 2012

3rd Congressional District:

G. Dial DuBose, P. O. Box 1929, Easley, S.C. 29641 VICE Joseph Jackson Turner (resigned)

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Board of Cosmetology, with term to commence March 20, 2004, and to expire March 20, 2009

Nail Technician:

Melanie C. Thompson, 3251 Plattmoor Dr., Myrtle Beach, S.C. 29588

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2004, and to expire November 27, 2008

Social Work:

Lynn Melton, Santee Wateree Mental Health Center, 1175 North Guignard Dr., Sumter, S.C. 29150 VICE Mary Frances Brown Curlee

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2002, and to expire November 27, 2006

LISW:

Jane Anker, 155 Jefferson Place, Columbia, S.C. 29212 VICE Carl Lee Algood

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2004, and to expire March 21, 2009

At-Large:

Harold E. Cheatem, Ph. D., 101 Santee Trail, Clemson, S.C. 29631 VICE Anna Dozier-Kelly

Referred to the Committee on Medical Affairs.

Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 30, 2004, and to expire June 30, 2008

Audiologist:

Dr. Gwendolyn D. Wilson, Ed. D., SC State University, P. O. Box 7304, Orangeburg, S.C. 29117

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2003, and to expire April 1, 2007

Tissue Procurement Organization:

Patricia R. Thompson, 501 Devenger Rd., Greer, S.C. 29650 VICE Beverly J. Bliss

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large:

Jean R. Bridges, 1101 Saluda Chase Way, Columbia, S.C. 29169 VICE Seneca Brewton Henry

Referred to the Committee on Medical Affairs.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2005

Coast Guard Officer - retired:

Captain Marvin J. Pontiff, USCG (Ret.), Mediterranean Shipping Co., 550 Long Point Road, Mt. Pleasant, S.C. 29464

Referred to the Committee on Transportation.

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1999, and to expire February 13, 2006

At-Large:

Mark B. Kent, 135 South Main St., Suite 200, Greenville, S.C. 29601 VICE Jackson "Richard" Dillard, Jr. (resigned)

Referred to the Committee on Transportation.

Senator SETZLER introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

On motion of Senator LAND, at 12:05 P.M., Senator DRUMMOND was granted a leave of absence for today.

On motion of Senator GROOMS, at 12:10 P.M., Senator HAWKINS was granted a leave of absence beginning at Noon until 10:00 P.M.

S. 308 (Word version) -- Senators McConnell, Thomas, Lourie, Sheheen, Land, Drummond, Setzler, Cromer, Richardson, Knotts and McGill: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; AND TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED.

On motion of Senator O'DELL, the names of Senators O'DELL, ALEXANDER, LEATHERMAN, ANDERSON, LEVENTIS, COURSON and SHORT were added as co-sponsors of S. 308.

S. 111 (Word version) -- Senators Fair, Bryant and Grooms: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of S. 111.

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander and Ford: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILLFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

On motion of Senator McGILL, the names of Senators McGILL, WILLIAMS, SCOTT and CLEARY were added as co-sponsors of S. 22.

The following were introduced:

S. 382 (Word version) -- Senator McGill: A BILL TO REPEAL SECTION 7-13-1040, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH PROHIBITS A PERSON FROM VOTING IN MORE THAN ONE PRIMARY ELECTION ON THE SAME DAY.
l:\council\bills\gjk\20193sd05.doc

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

S. 383 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-35 SO AS TO REQUIRE THAT IDENTIFYING FINANCIAL INFORMATION BE DELETED FROM PUBLIC RECORDS AND TO REQUIRE THAT PERSONAL IDENTIFYING INFORMATION BE KEPT CONFIDENTIAL BY A PUBLIC BODY.
l:\council\bills\bbm\10568mm05.doc

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

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
l:\council\bills\nbd\11196ac05.doc

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

S. 385 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT", SO AS TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, AMONG OTHER THINGS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE AND TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE, AND TO ALSO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20, ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
l:\council\bills\nbd\11204ac05.doc

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

S. 386 (Word version)--Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.
l:\council\bills\pt\2302sj05.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator McGILL, with unanimous consent, S. 386 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 387 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 145 FROM THE SOUTH CAROLINA-NORTH CAROLINA BORDER IN CHESTERFIELD COUNTY TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 IN CHESTERFIELD COUNTY THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".
l:\council\bills\swb\6262cm05.doc

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 388 (Word version) -- Senators McConnell, 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, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO COMMEND SHARON GUNTER WILKINSON, STAFF ATTORNEY TO THE SENATE JUDICIARY COMMITTEE, FOR HER EXCELLENT SERVICE TO THE COMMITTEE AND THE SENATE AS A WHOLE, AND TO EXTEND BEST WISHES TO HER IN HER NEW POSITION AS DIRECTOR OF GOVERNMENTAL AFFAIRS FOR THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.
l:\s-res\gfm\001gunt.kmm.doc

Whereas, Sharon Gunter Wilkinson grew up in West Columbia, South Carolina, the daughter of Rebecca K. Gunter and James E. Gunter; and

Whereas, after graduating from the University of South Carolina with a Bachelor of Arts in History in 1986, and from the University of South Carolina School of Law in 1990, and after working for the Senate Judiciary Committee as a Staff Attorney in 1991, the Fifth Circuit Solicitor's Office as Assistant Solicitor (1991-1994), and the Department of Public Safety as Associate General Counsel (1994-1995), Sharon was employed as a Staff Attorney with the Senate Judiciary Committee in 1995; and

Whereas, she has served as Staff Attorney to the Senate Judiciary Committee for three Chairmen: Senator Marshall B. Williams of Orangeburg, Senator Donald H. Holland of Kershaw, and Senator Glenn F. McConnell of Charleston; and

Whereas, her expertise in research and drafting legislation in the areas of family law, motor vehicle law, and criminal law has proved to be an invaluable asset to the Senate Judiciary Committee and the Senate; and

Whereas, her dedication and skill have ensured that the state's criminal laws offer protection to victims of crime and provide due process for offenders; and

Whereas, the members and staff of the Senate will miss her assistance, professionalism, charm, and knowledge of criminal law; and

Whereas, the members of the Senate express their sincere gratitude to Sharon for her years of loyal and excellent service to the General Assembly and the State of South Carolina; and

Whereas, even though her presence in the Senate will be missed, her resourcefulness will continue to benefit the citizens of this State. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate commend Sharon Gunter Wilkinson for her excellent service to the Senate Judiciary Committee and the South Carolina Senate, and extend best wishes to her in her new position as Director of Governmental Affairs for the Department of Social Services.

Be it further resolved that a copy of this resolution be forwarded to Sharon Gunter Wilkinson.

The Senate Resolution was adopted.

H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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

H. 3226 (Word version) -- Reps. Clemmons, Mahaffey and Umphlett: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

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

H. 3379 (Word version) -- Rep. Wilkins: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 1 AND 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2005.

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

H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

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

S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.

S. 34 (Word version) -- Senators Richardson, Ryberg, Elliott and Verdin: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.

S. 50 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED DURING THE AUGUST SALES TAX HOLIDAY TO BED AND BATH LINENS.

S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.

S. 207 (Word version) -- Senators J. Verne Smith, Hutto and Campsen: 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.

S. 306 (Word version) -- Senators Peeler, Short and Ford: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen, J. Verne Smith and Ryberg: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.

S. 355 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

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.

S. 354 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2873, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 379 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICALS IN OUR STATE.

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

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.

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 (JUD0223.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 34-38 and inserting:

/   the case may be, applicable; (d) (c) in the town of Winnsboro, they shall must be vested in the mayor and commissioners; and (e) (d) in the city of Forest Acres, they are devolved upon a director of public works until June 30, 1975, and thereafter are devolved upon the city council; and (e) in the city of Westminster, they are

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.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

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

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.

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

Senator GROOMS proposed the following Amendment No. 20 (1R015.LKG):

Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 22 through 42 and page 4 by striking lines 1 through 26 and inserting:

/   (B)   A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation to a driver or a passenger for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.

(1)   when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)   when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)   A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)   A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

(E)(C)   A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(D)   No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense.

(E)   A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.

(F)   A person must not be adjudicated to be in violation of this article except upon proof beyond a reasonable doubt.

(G)   A person charged with a violation of this article may admit or deny a violation of this article, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact determines beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the person was wearing a safety belt, no penalty shall be assessed.

(H)   A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."     /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Senator GROOMS moved that the amendment be adopted.

The amendment was adopted.

Having voted on the prevailing side, Senator HUTTO moved to reconsider the vote whereby Amendment No. 20 was adopted.

A roll call vote was ordered.

Senator KNOTTS made a Parliamentary Inquiry as to whether or not the Senator making the motion to reconsider voted on the prevailing side.

The PRESIDENT stated that it was a voice vote.

Senator RITCHIE raised a Point of Order that a roll call vote had been ordered.

The PRESIDENT sustained the Point of Order.

The Senate proceeded to the roll call vote.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Gregory
Hayes                     Hutto                     Jackson
Land                      Lourie                    Martin
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Smith, J. Verne           Williams

Ford                      Grooms                    Knotts
Leatherman                Malloy                    McConnell
Mescher                   Pinckney                  Scott
Thomas                    Verdin

The motion to reconsider the vote whereby Amendment No. 20 was adopted, passed.

The question then was the adoption of Amendment No. 20.

On motion of Senator MARTIN, debate was interrupted by adjournment.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate stands adjourned today, it stand adjourned to meet at 11:45 A.M. on Wednesday, February 2, 2005, for the purpose of attending the Joint Assembly, and upon the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

David Stuart Wood, 764 Atherton Way, Rock Hill, S.C. 29730 VICE Brenda Ervin

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Ellen Painter Taylor of Englewood, Florida, beloved mother-in-law of Senator LEVENTIS. Mrs. Taylor passed away on Jan. 24th at age 93. She was born in Pulaski, Virginia, in 1911, the daughter of Landon Cabell and Ellen Gillmer Painter. She had three sons and two daughters. Her daughter, Ellen Locker Leventis, is the wife of Senator PHIL LEVENTIS of Sumter, South Carolina. Mrs. Taylor was preceded in death by Henry Locker, the twin brother of Ellen. Over the years, she touched the lives of all whom she met with her eternal optimism and sweet spirit, and she will be greatly missed by her friends and extended family, including numerous grandchildren and great grandchildren.

At 1:33 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:45 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:17 P.M.