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, one of my favorite renderings of scripture is Phillip's translation of St. Luke (1:78). We read:

"Because the heart of God is full of mercy toward us, the Light of Heaven shall come to visit us."

Let us pray.

O God, most holy, who dwells in eternity, but who lives in our hearts by faith: Help us as we confront the visible world with all its problems to draw strength and guidance from each other and from the invisible world of the Spirit.

Father, we pray for Your Special Blessing upon Senator WES HAYES, his family and multitude of friends in the shock, and the burden of disease in their son, Creighton Hayes, a 19-year-old student attending Wofford University. Creighton has amazing promise for leadership and achievement ahead of him on this earth! Have mercy and keep them in the palm of Your Hand! Spirit of God descend on us we pray!
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, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Michael T. Londergan, 121 Presidio Bend, Summerville, S.C. 29483

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

Ms. Penny Merriman, 115 Dorchester Ave., Summerville, S.C. 29483

Senator McCONNELL introduced Dr. Elizabeth Kline of Charleston, S.C., Doctor of the Day.

At 1:00 P.M., Senator RYBERG requested a leave of absence beginning at 12:30 P.M. tomorrow and lasting until 6:00 P.M.

At 1:10 P.M., Senator THOMAS requested a leave of absence beginning at 1:15 P.M. today and lasting until 6:00 P.M.

S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell and Alexander: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 75.

S. 296 (Word version) -- Senators Martin, Mescher, O'Dell and Richardson: 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.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 296.

S. 615 (Word version) -- Senators Campsen, Cleary, Scott, McConnell, Cromer, Grooms, Richardson, Verdin, Sheheen, Bryant, Rankin, Ryberg, Alexander, Hawkins, Thomas, Hayes, Fair, Martin and Gregory: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA GRANTS ITS AUTHORITY DELEGATED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING VESSELS PURSUANT TO THE JOHNSON ACT OF 1992, AS AMENDED, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS, TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY ASSESS ONLY CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CIVIL PENALTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS PER PASSENGER WITHIN A TWENTY-FOUR-HOUR PERIOD, TO PROVIDE THAT THE ATTORNEY GENERAL ASSUMES THE RESPONSIBILITY FOR DEFENDING THE STATE, COUNTY, OR MUNICIPAL GOVERNMENT FROM CONSTITUTIONAL CHALLENGES OF THE PROVISIONS HEREIN, TO PROVIDE THAT PASSENGER CRUISE LINERS MEETING CERTAIN CRITERIA ARE EXEMPT FROM THE PROVISIONS HEREIN, AND TO PROVIDE THAT NOTHING IN THIS SECTION MUST BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 615.

Senator KNOTTS rose for an Expression of Personal Interest.

The following were introduced:

S. 693 (Word version) -- Senator Williams: A SENATE RESOLUTION TO COMMEND THE DILLON CAMP OF GIDEONS INTERNATIONAL FOR ITS OUTSTANDING LEADERSHIP AND DEDICATED MINISTRY TO THE CITIZENS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 694 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. RICHARD C. ALDERMAN, PASTOR OF LITTLE ROCK BAPTIST CHURCH IN DILLON COUNTY, AND TO EXPRESS APPRECIATION FOR HIS FORTY-SIX YEARS OF LEADERSHIP, GUIDANCE, AND DEDICATION.
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The Senate Resolution was adopted.

S. 695 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION CONGRATULATING THE WINTHROP UNIVERSITY EAGLES OF YORK COUNTY ON THEIR STELLAR 2005 BASKETBALL SEASON, RIDING AN EIGHTEEN-GAME WIN STREAK ALL THE WAY TO A FOURTEENTH SEED IN THE FIRST ROUND OF THE NCAA CHAMPIONSHIP AND ENDING THEIR YEAR WITH THE BEST EAGLE EFFORT IN SCHOOL HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie and Malloy: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 697 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 48-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING COASTAL TIDELANDS AND WETLANDS, SO AS TO PROVIDE A DEFINITION OF "COMMUNITY DOCK"; TO AMEND SECTION 48-39-150, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST APPLY THE REGULATIONS IN EFFECT ON THE DATE A PERMIT APPLICATION IS FILED IN DETERMINING WHETHER TO APPROVE OR DENY THE APPLICATION UNLESS THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WOULD BE COMPROMISED; AND TO AMEND CHAPTER 39 OF TITLE 48, BY ADDING SECTION 48-39-81, SO AS TO ESTABLISH REQUIREMENTS FOR AND LIMITATIONS UPON COMMUNITY DOCKS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 698 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE PRICING OF PETROLEUM PRODUCTS BY AND BUSINESS PRACTICES OF THE NATION'S MAJOR OIL COMPANIES, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THAT THE STUDY COMMITTEE REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE MARCH 1, 2006, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
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Senator LEVENTIS spoke on the Resolution.

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

S. 699 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING AND TABULATING ABSENTEE BALLOTS AT NOON ON ELECTION DAY.
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Read the first time and referred to the Committee on Judiciary.

S. 700 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Judiciary.

S. 701 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS SHALL BE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN EMERGENCY SITUATIONS, ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE THAT IS NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE.
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Read the first time and referred to the Committee on Judiciary.

S. 702 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILFUL AND FRAUDULENT FAILURE TO RETURN OR THE FRAUDULENT SECRETING OR APPROPRIATING OF RENTAL PROPERTY, SO AS TO PROVIDE THAT A CIRCUIT JUDGE OR A MAGISTRATE MAY ORDER RESTITUTION BASED ON THE VALUE OF THE LOST REVENUE OR REPLACEMENT OF THE RENTED ITEM.
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Read the first time and referred to the Committee on Judiciary.

S. 703 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
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Read the first time and referred to the Committee on Judiciary.

S. 704 (Word version) -- Senator Cleary: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE FOR THEIR PARTICIPATION IN THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE BOTH TO BE HELD IN 2005.
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Read the first time and referred to the Committee on Medical Affairs.

S. 705 (Word version) -- Senators Sheheen, Ryberg, 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, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Scott, Setzler, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF POPE JOHN PAUL II, TO PRAISE HIS LIFETIME OF LEADERSHIP AND ACCOMPLISHMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO ALL BELIEVERS WORLDWIDE WHO ARE DEEPLY AFFECTED BY HIS PASSING.
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Senator SHEHEEN spoke on the Resolution.

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

H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.

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

H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.

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

H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.

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

H. 3393 (Word version) -- Reps. M. A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: A BILL TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL OR NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESHWATERS WITH CERTAIN FISHING DEVICES, SO AS TO PROVIDE THAT A JUG PERMIT IS NOT REQUIRED FOR RESIDENTS ASSISTING JUG PERMIT HOLDERS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.

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

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

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.

H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.

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

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.

S. 675 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO LICENSING OF GROUP CHILD CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 676 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS OPERATED BY CHURCHES OR RELIGIOUS ENTITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2924, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 677 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS LICENSING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2901, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 85 (Word version) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON PHYSICALLY OR SEXUALLY ABUSED OR WILFULLY OR RECKLESSLY NEGLECTED A CHILD, AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.

S. 227 (Word version) -- Senators Fair, Campsen and 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 SECTION 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.

S. 277 (Word version) -- Senators Martin and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, SO AS TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.

S. 560 (Word version) -- Senators Hayes, Martin, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 560.

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.

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

S. 689 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2944, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 268 (Word version) -- Senators Peeler and Cleary: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.

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

The Committee on Medical Affairs proposed the following amendment (GJK\20367AC05), which was adopted:

Amend the bill, as and if amended, by deleting Section 40-37-240(A)(2) on page 23, line 30-31 and inserting:

/   (2)   has a minimum of two academic years at an accredited college or university; /

Amend the bill further, by deleting Section 40-37-245(2) on page 25, lines 3-4 and inserting;

/   (2)   has a minimum of two academic years at an accredited college or university; /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

Senator KNOTTS objected to further consideration of the Bill.

S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.

Senator LEVENTIS objected to further consideration of the Bill.

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.

On motion of Senator LEVENTIS, the Bill was carried over.

H. 3108 (Word version) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

On motion of Senator HAYES, the Bill was carried over.

S. 688 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2897, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator FAIR explained the Joint Resolution.

On motion of Senator FAIR, the Joint Resolution was carried over.

S. 690 (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 2943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, the Joint Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

H. 3007 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G.R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

The House returned the Bill with amendments.

Senator McCONNELL spoke on the amendments.

Pursuant to Rule 32C, the Bill was 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, Rankin and Campsen: 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.

The House returned the Bill with amendments.

On motion of Senator GREGORY, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Bill was carried over.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)

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

Senator RYBERG argued contra to the second reading of the Bill.

Senator RYBERG raised a Point of Order under Rule 26E that the Bill was out of order inasmuch as no fiscal impact statement had been received prior to the second reading of the Bill.

Senator RYBERG spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

Senator ALEXANDER spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator RITCHIE spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

Senator RICHARDSON spoke on the Point of Order.

Senator SETZLER raised a Point of Order that the Point of Order raised by Senator RYBERG was premature in that the Bill was not receiving a second reading but was only under consideration prior to the Bill's receiving second reading.

The PRESIDENT overruled the Point of Order.

Senator SETZLER asked unanimous consent to make a motion to withdraw the Point of Order.

Senator RYBERG objected inasmuch as the PRESIDENT had ruled on the Point of Order.

Senator McCONNELL asked unanimous consent to make a motion to carry over the Bill in the status of Special Order, not to be taken up for consideration prior to Thursday, April 7, 2005, that the Points of Order raised by Senators RYBERG and SETZLER would be withdrawn and, as nonprecedential and as it pertains to this Bill only, the fiscal impact statement would be accepted as having been in compliance with Rule 26E.

Senator HUTTO spoke on the motion.

Senator HUTTO objected.

Senator RYBERG was recognized to speak on the Bill.

Senator RYBERG asked unanimous consent to make a motion to withdraw the Point of Order and carry over the Bill until Thursday, April 7, 2005.

Senator SETZLER objected.

The PRESIDENT overruled the Point of Order.

Senators RYBERG and RICHARDSON proposed the following Amendment No. 1 (618R001.WGR):

Amend the bill, as and if amended, page 19 by striking lines 18 through 20 and inserting:

/     The member of the commission appointed by the Governor shall serve as chairman.         /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over in the status of Special Order, not to be taken up for consideration prior to Thursday, April 7, 2005.

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

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

Having received a favorable report from the Dorchester County Delegation, the following appointments were confirmed in open session:

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

Michael T. Londergan, 121 Presidio Bend, Summerville, S.C. 29483

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

Ms. Penny Merriman, 115 Dorchester Ave., Summerville, S.C. 29483

On motion of Senators RYBERG, SHEHEEN 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, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, SCOTT, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned in memory of Pope John Paul II of Vatican City, Italy, one of the world's most influential, well-traveled and beloved figures.

At 2:11 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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