Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, tomorrow the Christian World commemorates the crucifixion of Jesus Christ! Hear the words of the Prophet Isaiah in the 8th century B.C.: Chapter 53:4-5:
"Surely He hath borne our infirmities and carried our diseases; yet we accounted him stricken, struck down by God, and afflicted. But He was wounded for our transgressions, crushed for our iniquities; upon Him was the punishment that made us whole, and by His bruises we are healed."
Let us pray.
Father, we thank you for successful surgery and healing for your servant, our friend, Senator PATTERSON!
As Jews and Christians move through these days called Holy Week, may the deep themes of the human spirit, hope, suffering, betrayal, redemption, so quicken our minds and hearts that we may celebrate anew the eternal love of God for a wayward humanity.
Help us to be strengthened in the hour when goodness is crucified and know that beyond the cross is the Crown of Life we know as the Resurrection. Sanctify us Lord!!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:13 A.M., Senator COURSON requested a leave of absence from 11:30 A.M.-3:00 P.M.
At 11:30 A.M., Senator HUTTO requested a leave of absence beginning at 4:00 P.M. on Friday, May 2, 2003, and lasting until 8:00 P.M. on Sunday, May, 4, 2003.
Senator RANKIN rose for an Expression of Personal Interest.
Senator ELLIOTT rose for an Expression of Personal Interest.
Mr. PRESIDENT and Members of the Senate:
Today I rise very briefly to speak on behalf of my Horry County Delegation in expressing our grief on the death of our great friend, Ashby Ward. Ashby was a tourism icon in South Carolina. He served for about 30 years as the CEO and Executive Director of the Myrtle Beach Area Chamber of Commerce. He has certainly received every kind of award that South Carolina has to offer, as well as many of those offered by the tourism industry across the Southeast. By his vision and his service, he is known far and wide as truly one of the great tourism leaders of our time.
Ashby led the Grand Strand to one of the greatest tourism mega-places in all of North America. He has left his footprints in the tourism industry across our beloved State of South Carolina. He, along with Fred Brinkman, who was a former Director of the Department of Parks, Recreation & Tourism, probably did more to enhance tourism in this State than any other people alive or deceased today. Ashby's life has changed South Carolina in many ways, including improving the lives of countless citizens of South Carolina through the tourism industry. We in the Grand Strand are deeply, deeply saddened by this loss, as are our people throughout South Carolina and the Southeast. I am sure I speak for many today when I extend our sincere condolences to his family.
Around 1994, Senator RANKIN and I introduced a Joint Resolution that recognized Fred Brinkman and Ashby Ward and awarded them a "doctor of tourism" degree. In our state's history we had never before or since awarded anyone a degree for service to their fellow man. This was unique in South Carolina; but so has the growth of our tourism industry been unique over the past 30 years. With the passing of Ashby Ward, the era of South Carolina's two greatest tourism icons has ended. Our State will indeed be better for generations to come because of their service, as they have elevated the quality of life for our citizens through the tourism industry. South Carolina is a better place to live, work, and play today because of the untiring efforts of leaders like Ashby Ward.
Thank you, Mr. PRESIDENT and ladies and gentlemen of the Senate.
On motion of Senator RANKIN, with unanimous consent, Senator ELLIOTT's remarks, were ordered printed in the Journal.
S. 552 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
Senator RYBERG asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee.
Senator RYBERG asked unanimous consent to place the Resolution on the Calendar for consideration tomorrow.
There was no objection.
The following were introduced:
S. 625 (Word version) -- Senators Ritchie, Hawkins and Reese: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF MARINE PRIVATE NOLEN RYAN HUTCHINGS OF BOILING SPRINGS, SOUTH CAROLINA, ON SUNDAY, MARCH 23, 2003, AND CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.
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Senator FAIR spoke on the Resolution.
Read the first time and, on motion of Senator FAIR, with unanimous consent, S. 626 was ordered placed on the Calendar without reference.
S. 627 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.
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Read the first time and referred to the Committee on Finance.
S. 628 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 27, SO AS TO RECOGNIZE THE PIEDMONT AMERICAN INDIAN ASSOCIATION LOWER EASTERN CHEROKEE NATION AS A NATIVE AMERICAN TRIBE OF SOUTH CAROLINA, REPRESENTING THE CHEROKEE INDIAN PEOPLE, AND TO CONFER UPON THIS TRIBE SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO AMERICAN INDIAN TRIBES OF THIS STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 629 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL DESIGN AND ERECT SIGNS THAT PROMOTE MOTORCYCLE SAFETY ALONG THE STATE'S HIGHWAYS, AND TO PROVIDE THAT THE DEPARTMENT SHALL CONVENE A COMMITTEE TO ADVISE THE DEPARTMENT'S DIRECTOR ON THE DESIGN AND LOCATION OF THE SIGNS.
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Read the first time and referred to the Committee on Transportation.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3948 favorable:
H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 29, 2003, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3973 favorable:
H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CHAPTER OF THE AMERCAN INSTITUTE OF ARCHITECTS to attend a reception at the Columbia Museum of Art on Tuesday, April 29, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CHAPTERS OF ALPHA KAPPA ALPHA SORORITY to attend a breakfast in Room 208 Blatt Bldg. on Wednesday, April 30, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC MANUFACTURING EXTENSION PARTNERSHIP to attend a luncheon in Room 221 Blatt Bldg. on Wednesday, April 30, 2003, from 12:00 Noon until 1:15 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS to attend a reception at Seawell's on Wednesday, April 30, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER OR SEWER SERVICE MUST BE APPROVED BY THE COUNTY BOARD BY RESOLUTION.
S. 594 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO INSPECTIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Joint Resolution.
S. 595 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FEE STRUCTURES FOR ANNUAL PERMITS AND LIABILITY INSURANCE REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Joint Resolution.
S. 94 (Word version) -- Senators Anderson, Elliott, Reese and Knotts: A BILL TO AMEND SECTION 7-7-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS, SO AS TO REQUIRE A VOTER TO BE NOTIFIED OF HIS TRANSFER TO A NEW PRECINCT AND OF HIS TRANSFER TO A NEW ELECTION DISTRICT FOR A SPECIAL PURPOSE DISTRICT, SCHOOL DISTRICT, MUNICIPALITY, COUNTY, THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, OR THE SOUTH CAROLINA SENATE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.
Senator ANDERSON proposed the following amendment (JUD0094.005), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 29, in Section 7-7-950, as contained in SECTION 3, by striking lines 29 and 30 and inserting therein the following:
/ thirty days before the date of the next election held in the precinct." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 182 (Word version) -- Senators McConnell, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 54 ENACTING THE "SOUTH CAROLINA MARITIME SECURITY ACT", BY CREATING THE SOUTH CAROLINA MARITIME SECURITY COMMISSION, BY PROVIDING FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND BY PROVIDING THAT THE SOUTH CAROLINA NAVAL MILITIA MUST BE AN ORGANIZED, STRUCTURED, TRAINED, AND CERTIFIED VOLUNTEER STATE MARITIME FORCE.
Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
S. 575 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING OF JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO AS TO PROVIDE FOR AN INCREASE IN THE NUMBER OF JURORS DRAWN FROM THE QUALIFIED ELECTORS OF THE AREA FROM NOT LESS THAN THIRTY NAMES TO NOT MORE THAN ONE HUNDRED NAMES IN ORDER TO HAVE A SUFFICIENT NUMBER OF JURORS FROM WHICH TO DRAW A JURY LIST, TO DELETE THE PROVISION RELATING TO PEREMPTORY CHALLENGES TO JURORS DRAWN FOR A SINGLE TRIAL; TO AMEND SECTION 22-2-80, AS AMENDED, RELATING TO SELECTION OF THE JURY LIST IN MAGISTRATES COURT, SO AS TO PROVIDE FOR A SELECTION OF NOT LESS THAN THIRTY BUT NOT MORE THAN ONE HUNDRED NAMES; TO AMEND SECTION 22-2-90, AS AMENDED, RELATING TO ADDITIONAL PROCEDURES FOR SELECTION OF JURY LISTS IN COURT WHICH SCHEDULES TERMS FOR JURY TRIALS, SO AS TO PROVIDE FOR THE DRAWING OF A JURY LIST IN A MAGISTRATES COURT WHICH SCHEDULES TERMS FOR JURY TRIAL SO THAT NOT LESS THAN FORTY BUT NOT MORE THAN ONE HUNDRED JURORS' NAMES SHALL BE DRAWN TO SERVE ONE WEEK ONLY; TO AMEND SECTION 22-2-100, RELATING TO SELECTION OF PRIMARY AND ALTERNATE JURORS AND PEREMPTORY CHALLENGES, SO AS TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 22-2-120, RELATING TO SELECTION OF ADDITIONAL JURORS AT TIME OF TRIAL, SO AS TO PROVIDE THAT ADDITIONAL JURORS SHALL BE SELECTED FROM THE REMAINING NAMES OR IN THE MANNER PROVIDED IN SECTION 22-2-80 OR SECTION 22-2-100.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Senator MARTIN moved that the Resolution be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Elliott Fair Ford Giese Glover Gregory Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Pinckney Rankin * Richardson Ritchie Setzler Short Smith, J. Verne * Thomas Verdin Waldrep
Drummond Grooms Leventis Ravenel Reese Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was made a Special Order.
S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFER OR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
Senator MOORE asked unanimous consent to make a motion that H. 3208 (Word version) be removed from the status of Special Order and be returned to the second reading Calendar and that S. 34 be made a Special Order in lieu of H. 3208.
There was no objection and S. 34 was made Special Order in lieu of H. 3208 and H. 3208 was removed from the status of Special Order and returned to the second reading Calendar.
S. 622 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-250 SO AS TO PROVIDE THAT FIFTY PERCENT OF THE FUNDS APPROPRIATED TO THE DEPARTMENT OF SOCIAL SERVICES MUST BE EXPENDED FOR AWARDING GRANTS TO NONPROFIT AND FAITH-BASED ORGANIZATIONS TO ASSIST IN FULFILLING THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT, TO DISTRIBUTE THESE FUNDS TO COUNTY BOARDS OF SOCIAL SERVICES PROPORTIONATELY BASED ON POPULATION, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR SOLICITING AND AWARDING GRANTS.
Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
The Bill was recalled from the Committee on Medical Affairs.
Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MESCHER asked unanimous consent to commit the Bill to the General Committee.
There was no objection.
The Bill was committed to the General Committee.
S. 617 (Word version) -- Senators Ryberg, Richardson, Gregory, Fair and Hutto: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE VARIOUS STATE RETIREMENT SYSTEMS BY A DIRECTOR APPOINTED BY AND RESPONSIBLE TO THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE DEFINITIONS, AND TO AMEND VARIOUS OTHER SECTIONS OF TITLE 9. (ABBREVIATED TITLE)
On motion of Senator RITCHIE, with unanimous consent, the name of Senator RITCHIE was added as a co-sponsor of S. 617.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment, and upon lifting the veil of secrecy and after taking up any confirmations, the Senate would stand adjourned.
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following name was reported to the Senate in open session:
Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1997, and to expire May 19, 2004
At-Large - Chairman
Thomas Graham Edwards, 1618 Dennis Blvd., Moncks Corner, S.C. 29461 VICE Howell Donald McElveen (resigned)
On motion of Senators RANKIN and ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ashby Ward of Myrtle Beach, S.C., beloved husband to Ann and devoted father to Liz, Judy and Paul. Mr. Ward was an icon, a leader and advocate from and for the Grand Strand and eastern South Carolina.
Senator McCONNELL moved that, when the Senate adjourns next Monday, April 21, 2003, it stand adjourned to meet Tuesday, April 22, 2003, at 12:00 Noon, which motion was adopted.
At 11:38 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, April 21, 2003, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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