South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate


Printed Page 1 . . . . . Tuesday, January 13, 2004

Tuesday, January 13, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 13th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable André Bauer.

Proceedings were opened with a prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, in this critical period of history, hear the Word of God spoken through the prophet Isaiah (49:6 RSV):

"I will give you as a light to the nations, that my Salvation may reach to the end of the earth."
Let us pray.

Father, you led the Hebrew children out of Egyptian bondage into the Promised Land.

You are our hope in our age... as in every age. As we return to this hallowed Chamber to serve our people, make us... even us... instruments of the Divine Will in our common life.

We thank you for work to do: for useful tasks that need careful study and precise judgment. Where it may be necessary to "bite the bullet," give us courage to do it!

Granting us, O Holy Father, unity of purpose in the bond of a committed fellowship is our prayer in the Spirit of Him who taught us to pray... together:

"Our Father, Who art in heaven, hallowed be Your Name, Thy Kingdom come. Thy Will be done, on earth as it is in heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. For Thine is the Kingdom, the power, and the glory, forever and ever. Amen!"


Printed Page 2 . . . . . Tuesday, January 13, 2004

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

VETO SUSTAINED
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
August 20, 2003

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 194, R-136, an Act:

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 DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.

This veto is based upon my belief that Section 1 of S. 194, R-136, could impose a severe financial burden on the state's public colleges and universities by expanding the group of public employees who can participate in the South Carolina Retirement System ("SCRS") to all work-study students and graduate assistants employed by a school, college or university.

The cost to the thirty-three state supported colleges and universities is estimated to be approximately $724,000 each year according to


Printed Page 3 . . . . . Tuesday, January 13, 2004

analysis prepared by the Office of State Budget. This estimate is based on ten percent participation in the SCRS by all work-study and graduate students employed by the thirty-three state supported colleges and universities. The state's research universities, Clemson University, the University of South Carolina and the Medical University of South Carolina, will bear the weight of this burden because they employ the majority of work-study and graduate students. The cost in employer contributions to the research universities if all of their work-study students and graduate assistants participated in the SCRS is estimated to be approximately $5.95 million.

Additionally, it is my belief that students employed by public colleges and universities should not be able to participate in the SCRS because their employment is temporary and their intentions to remain employed in government is highly unpredictable.

Although I do not object to Section 2 of S. 194, R-136, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this Bill. I am vetoing this Bill because I believe that most students are not likely to enjoy the long-term benefits of membership in the SCRS and the potential fiscal impact to our state supported colleges and universities is unduly burdensome.

Sincerely,
Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator McGILL moved that the veto of the Governor be sustained.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 0; Nays 45

AYES

Total--0


Printed Page 4 . . . . . Tuesday, January 13, 2004

NAYS

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

VETO OVERRIDDEN
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
August 8, 2003

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 521, R144, an Act:


Printed Page 5 . . . . . Tuesday, January 13, 2004

TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

This veto is based on my belief that this Bill is unconstitutional. S. 521, R144 proposes to allow members of the Lexington County Recreation Commission to serve the term for which they were elected and two additional terms. As such, S. 521, R144 affects only Lexington County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 521, R144 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 521, R144 to you without my signature.

Sincerely,
Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator KNOTTS moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes

Printed Page 6 . . . . . Tuesday, January 13, 2004

Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

VETO OVERRIDDEN
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
August 8, 2003

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 727, R153, an Act:

TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004 THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT TWO OF CLARENDON COUNTY MUST BE SET BY THE BOARD OF


Printed Page 7 . . . . . Tuesday, January 13, 2004

TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

This Bill is special legislation that would allow School District Two of Clarendon County to set its calendar for the 2003-2004 school year. The purpose of this Bill has been accomplished by a general law, H. 3361, R163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R163 into law on July 23, 2003. Accordingly, this Bill is not necessary.

For this reason, I am returning S. 727, R153 to you without my signature.

Sincerely,
Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator LAND moved that the veto of the Governor be sustained.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney

Printed Page 8 . . . . . Tuesday, January 13, 2004

Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Remarks by Senator RAVENEL

Mr. PRESIDENT, fellow Members of the Senate, many years ago, back in the 1950's when Jimmy Byrnes was our Governor, there were then, as there are now, 170 members of the General Assembly. Two years ago today, of those 170 members here in 1954, there were only 3 remaining: the Senator from Darlington, Senator SALEEBY, the Senator from Kershaw, Senator HOLLAND, and this Senator. It is only natural that as a pool of survivors grows smaller, those left grow closer. So it was with us, and the year before last, the Senator from Darlington went to his reward. That left the Senator from Kershaw and my favorite Senator. Almost on a daily basis we would get together here in the Senate and inquire as to each other's health and share amusing stories of our service in the General Assembly back in the fifties. Then, during our recess, my old friend, the Senator from Kershaw, Senator HOLLAND, suddenly departed this life. Fellow Senators, we have lost two gentlemen of the old school of southern politics. Their presence is sorely missed. Now of those 170 members


Printed Page 9 . . . . . Tuesday, January 13, 2004

of the General Assembly when James F. Byrnes was Governor, only one remains, and I want you to know that he feels pretty damn good!

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

S. 18 (Word version) -- Senators Moore, Martin, Mescher, Grooms, Elliott and Reese: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 18.

S. 95 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 95.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2841
Agency: Forestry Commission
SUBJECT: General Regulations on South Carolina Forestry Commission Lands
Received by Lieutenant Governor January 13, 2004
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 11, 2004


Printed Page 10 . . . . . Tuesday, January 13, 2004

Document No. 2844
Agency: Commission on Higher Education
SUBJECT: Determination of Rates of Tuition and Fees
Received by Lieutenant Governor January 13, 2004
Referred to Education Committee
Legislative Review Expiration May 11, 2004

Document No. 2845
Agency: Department of Labor, Licensing and Regulation - Occupational Health and Safety Review Board
SUBJECT: Failure to Appear
Received by Lieutenant Governor January 13, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2004

Document No. 2854
Agency: Department of Health and Environmental Control
SUBJECT: Classified Waters
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2855
Agency: Department of Health and Environmental Control
SUBJECT: Water Classifications and Standards
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2856
Agency: Department of Health and Environmental Control
SUBJECT: Soft Drink Bottling Plants
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2857
Agency: Department of Health and Environmental Control
SUBJECT: Manufacture, Distribution and Sale of Frozen Dairy Foods and Frozen Desserts
Received by Lieutenant Governor January 13, 2004


Printed Page 11 . . . . . Tuesday, January 13, 2004

Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2859
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Freestanding or Mobile Technology
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2860
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
SUBJECT: Requirements for Limited License
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004

Document No. 2868
Agency: Department of Education
SUBJECT: Defined Program, Grades 9-12
Received by Lieutenant Governor January 13, 2004
Referred to Education Committee
Legislative Review Expiration May 11, 2004

Document No. 2870
Agency: Department of Labor, Licensing and Regulation, Division of Labor, Office of Occupational Safety and Health
SUBJECT: Recordkeeping
Received by Lieutenant Governor January 13, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2004

Document No. 2883
Agency: Department of Transportation
SUBJECT: Specific Information Service Signing
Received by Lieutenant Governor January 13, 2004
Referred to Transportation Committee
Legislative Review Expiration May 11, 2004


Printed Page 12 . . . . . Tuesday, January 13, 2004

Doctor of the Day

Senator MARTIN introduced Dr. Boyce G. Tollison of Easley, S.C., Doctor of the Day.

RECALLED

H. 4073 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAYS 21 AND 78 BYPASS IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 IN HONOR OF EARL MIDDLETON, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "EARL MIDDLETON HIGHWAY".

On motion of Senator RYBERG, with unanimous consent, H. 4073 was recalled from the Committee on Transportation.

The Concurrent Resolution was placed on the Calendar and ordered for consideration tomorrow.

Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that the list of prefiled Bills, a copy of which was sent to each member, be entered in the Journal as having been read and referred, as noted, unless any member shall make a motion to refer a Bill to a different committee.

There was no objection and the motion was adopted.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the deadline for adding co-sponsors to those Bills which were prefiled would be extended five legislative statewide days until Thursday, January 22, 2004, without having to ask unanimous consent.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 756 (Word version) -- Senators Alexander and Knotts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 1-7, 2004, AS BURN AWARENESS WEEK IN SOUTH CAROLINA


Printed Page 13 . . . . . Tuesday, January 13, 2004

AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 757 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3555, SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO FIFTY PERCENT OF THE EXPENSE OF PURCHASING AND INSTALLING A METAL DETECTOR SECURITY SYSTEM INSTALLED AND OPERATED BY RETAIL SPACE LANDLORDS AND INDIVIDUAL RETAILERS FOR THE PURPOSE OF PROVIDING CUSTOMER AND EMPLOYEE SECURITY.
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Read the first time and referred to the Committee on Finance.

S. 758 (Word version) -- Senators Hawkins, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 14 . . . . . Tuesday, January 13, 2004

S. 759 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
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Read the first time and referred to the Committee on Education.

S. 760 (Word version) -- Senators Martin and Knotts: A BILL TO AMEND CHAPTER 43, TITLE 27 OF THE 1976 CODE BY ADDING SECTION 27-43-35 TO PROVIDE AN EASEMENT FOR THE RELATIVES AND DESCENDANTS OF ANY PERSON BURIED IN A CEMETERY FOR INGRESS AND EGRESS FOR THE PURPOSE OF VISITING THE CEMETERY.


Printed Page 15 . . . . . Tuesday, January 13, 2004

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

S. 761 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 11, TITLE 25 OF THE 1976 CODE BY ADDING SECTION 25-11-90 TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993.
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Read the first time and referred to the General Committee.

S. 762 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-24 SO AS TO PROVIDE THAT A PERSON WHO PROVIDES PLANNING AND ZONING SERVICES IN CONNECTION WITH A TRACT OF REAL ESTATE IS CONSIDERED TO HAVE PROVIDED MATERIALS TO IMPROVE THE REAL ESTATE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 763 (Word version) -- Senators Ravenel and Knotts: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.
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Read the first time and referred to the Committee on Judiciary.

S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".


Printed Page 16 . . . . . Tuesday, January 13, 2004

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

S. 765 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-75 SO AS TO AUTHORIZE A BUILDING CODES ENFORCEMENT OFFICER TO DENY A BUILDING PERMIT TO A LICENSED BUILDER UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 766 (Word version) -- Senators Rankin and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 94 TO TITLE 38 SO AS TO PROVIDE FOR THE PROMPT PAYMENT OF HEALTH CARE PROVIDERS BY AN INSURER, AND TO PROVIDE CIVIL PENALTIES, AND BY ADDING SECTION 38-71-225 SO AS TO PROVIDE THAT A HEALTH INSURER MAY NOT DENY AN INSURANCE CLAIM FOR HEALTH CARE SERVICE TO ANY PROVIDER OF HEALTH CARE SERVICES PROVIDED ON THE SAME DAY UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell, Ryberg, Leatherman and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO


Printed Page 17 . . . . . Tuesday, January 13, 2004

PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
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Read the first time and referred to the General Committee.

S. 768 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 IN NEWBERRY COUNTY FROM QUAKER ROAD IN THE SILVERSTREET COMMUNITY TO COLONIAL DRIVE IN THE WHITMIRE COMMUNITY "VETERANS MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 769 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
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Read the first time and referred to the Committee on Finance.

S. 770 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 54-1-10 THROUGH 54-1-40 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS" AND BY ADDING ARTICLE 5 ENACTING THE "WATERCRAFT GAMBLING ACT" SO AS TO MAKE IT LAWFUL TO USE


Printed Page 18 . . . . . Tuesday, January 13, 2004

GAMBLING DEVICES ON WATERCRAFT AND TO PROVIDE DEFINITIONS.
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Read the first time and referred to the Committee on Transportation.

S. 771 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT ALL STATE AGENCIES, DEPARTMENTS, COLLEGES, UNIVERSITIES, INSTITUTIONS, AND ENTITIES SHALL REPORT TO THE GENERAL ASSEMBLY AND TO THE GOVERNOR ON JANUARY FIFTEENTH AND JULY FIFTEENTH OF EACH YEAR THE JUSTIFICATION OF THE DOLLARS FROM ANY SOURCE THAT ARE RECEIVED BY THEM, AND HOW THESE DOLLARS ARE USED TO PROVIDE SERVICES TO THE CITIZENS OF THE STATE, AND TO PROVIDE FOR THE ADMINISTRATION OF AND EXCEPTIONS TO THIS PROVISION.
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Read the first time and referred to the Committee on Finance.

S. 772 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-230, AND 40-81-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION'S POWERS AND DUTIES, SO AS TO EXCLUDE PROFESSIONAL WRESTLING AS A SPORT THAT IT REGULATES; AND TO REPEAL SECTION 40-81-300, RELATING TO THE LICENSING OF A WRESTLER.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 773 (Word version) -- Senator Hayes: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7, TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.


Printed Page 19 . . . . . Tuesday, January 13, 2004

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

S. 774 (Word version) -- Senators McConnell, Martin and Giese: A BILL TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT'S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.
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Read the first time and referred to the Committee on Judiciary.

S. 775 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540, SO AS TO PROVIDE THAT THE COST OF A TRANSCRIPT OF A CUSTODY OR VISITATION PROCEEDING IN FAMILY COURT SHALL NOT EXCEED TWO DOLLARS PER PAGE AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 20-7-1541, SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE MUST ESTABLISH A PROCEDURE FOR THE STORAGE OF TAPES OR OTHER SONIC RECORDINGS IN COUNTY COURTHOUSES OR OTHER GOVERNMENTALLY-OWNED OR LEASED PREMISES; AND TO ADD SECTION 20-7-1542, SO TO AUTHORIZE A PARTY IN A CUSTODY OR VISITATION PROCEEDING TO AUDIOTAPE A PROCEEDING IN FAMILY COURT IF THERE IS NO ACTIVE INTERFERENCE WITH THE CONDUCT OF THE HEARING.
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Read the first time and referred to the Committee on Judiciary.

S. 776 (Word version) -- Senators Moore and Martin: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO INITIATE ACTION AFFECTING UNITED STATES' TRADE POLICY TOWARD CHINA SO AS TO PROTECT AND PRESERVE THE TEXTILE INDUSTRY OF SOUTH CAROLINA AND THE UNITED STATES.


Printed Page 20 . . . . . Tuesday, January 13, 2004

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The Concurrent Resolution was introduced and referred to the General Committee.

S. 777 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES HONORING EACH VETERAN OF THE ARMED SERVICES OF THE UNITED STATES AND TO PROVIDE FOR THE DESIGN OF THE PLATES AND THE FEE TO BE CHARGED.
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Read the first time and referred to the Committee on Transportation.

S. 778 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.
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Read the first time and referred to the Committee on Education.

S. 779 (Word version) -- Senator Ryberg: A BILL TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM TO NEW PARTICIPANTS EFFECTIVE JULY 1, 2004, TO REPEAL EFFECTIVE JULY 1, 2009, ARTICLE 17, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE TERI PROGRAM, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE AMENDED OR REPEALED EXCEPT IN SEPARATE LEGISLATION RECEIVING AN AFFIRMATIVE TWO-THIRDS RECORDED VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY.


Printed Page 21 . . . . . Tuesday, January 13, 2004

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

S. 780 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200 SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 781 (Word version) -- Senator Ford: A BILL TO REPEAL CHAPTER 7, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO WORK REGARDLESS OF MEMBERSHIP OR NONMEMBERSHIP IN AN ORGANIZATION OR LABOR UNION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 782 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-150-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION LOTTERY ACT TUITION ASSISTANCE, SO AS TO PROHIBIT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO A FELONY OR AN ALCOHOL OR DRUG RELATED OFFENSE FROM BEING ELIGIBLE FOR LOTTERY TUITION ASSISTANCE, AND TO PROVIDE AN EXCEPTION.
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Read the first time and referred to the Committee on Judiciary.

S. 783 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-30 SO AS TO CREATE THE OFFENSE OF COMPANION


Printed Page 22 . . . . . Tuesday, January 13, 2004

ANIMAL HOARDING, TO ESTABLISH PENALTIES FOR THE OFFENSE, AND TO REQUIRE A PSYCHOLOGICAL EVALUATION OF A PERSON CONVICTED OF COMPANION ANIMAL HOARDING; TO AMEND SECTION 47-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE CHAPTER, SO AS TO DEFINE THE TERMS "COMPANION ANIMAL" AND "PET"; TO AMEND SECTION 47-1-75, RELATING TO IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR A PERSON WHO PROVIDES EMERGENCY TREATMENT OR CARE TO AN ANIMAL, SO AS TO INCLUDE COMPANION ANIMAL HOARDING; TO AMEND SECTION 47-1-130, RELATING TO ARREST FOR A VIOLATION OF THE LAW PROHIBITING CRUELTY TO ANIMALS, SO AS TO INCLUDE COMPANION ANIMAL HOARDING; TO AMEND SECTION 47-1-150, AS AMENDED, RELATING TO SEARCH WARRANTS, MOTIONS REGARDING CUSTODY OF AN ANIMAL, NOTICE, CARE, DISPOSAL, AND RETURN OF AN ANIMAL, SO AS TO INCLUDE COMPANION ANIMAL HOARDING; AND TO AMEND SECTION 47-1-170, AS AMENDED, RELATING TO PENALTIES FOR A VIOLATION OF THE CHAPTER, SO AS TO INCLUDE ANIMALS THAT ARE HOARDED.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 784 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-49-60 AND 11-49-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOBACCO SETTLEMENT REVENUES MANAGEMENT AUTHORITY ACT AND THE CONSENT OF THE GENERAL ASSEMBLY TO THE MASTER SETTLEMENT AGREEMENT AND THE RESTRICTIONS ON AMENDMENTS TO THE AGREEMENT, SO AS TO DELETE REFERENCES TO GENERAL ASSEMBLY APPROVAL OF MASTER SETTLEMENT AGREEMENT AMENDMENTS BY THE GOVERNING BODY OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY AND TO ALLOW THE GOVERNING BOARD OF THE AUTHORITY TO APPROVE AGREEMENT AMENDMENTS ON BEHALF OF THE STATE IF THE AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY, BOND HOLDERS, OR OUTSTANDING BONDS.


Printed Page 23 . . . . . Tuesday, January 13, 2004

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

S. 785 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE FOR THE STATE BUDGET AND CONTROL BOARD CEILING ON THE ISSUANCE OF QUALIFIED PUBLIC EDUCATIONAL FACILITIES BONDS IN COMPLIANCE WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
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Read the first time and referred to the Committee on Finance.

S. 786 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS AND AUTHORIZATIONS, SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF BONDS ISSUED TO REFUND EXISTING BONDS AND THE COST OF ISSUANCE OF THESE REFUNDING BONDS IS NOT INCLUDED IN THE AGGREGATE PRINCIPAL AMOUNT OF STATE CAPITAL IMPROVEMENT BONDS AND TO DELETE THE REQUIREMENT THAT THE BOND PREMIUM BE APPLIED TO THE FIRST INSTALLMENT OF PRINCIPAL OF THE BONDS.
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Read the first time and referred to the Committee on Finance.

S. 787 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE.
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Read the first time and referred to the Committee on Finance.

S. 788 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING


Printed Page 24 . . . . . Tuesday, January 13, 2004

TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
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Read the first time and referred to the Committee on Judiciary.

S. 789 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANDIDATES FOR ELECTORS OF THE PRESIDENT AND THE VICE PRESIDENT SO AS TO SPECIFY THAT THERE SHALL BE EIGHT CANDIDATES, TWO TO BE APPOINTED AT-LARGE AND SIX TO BE APPOINTED TO REPRESENT THE SIX CONGRESSIONAL DISTRICTS OF THE STATE; TO REQUIRE THAT THE HIGHEST NUMBER OF VOTES STATEWIDE SHALL CONSTITUTE ELECTION OF THE TWO AT-LARGE PRESIDENTIAL ELECTORS FOR THAT PARTY OR PETITION CANDIDATE AND THAT THE HIGHEST NUMBER OF VOTES IN A CONGRESSIONAL DISTRICT SHALL CONSTITUTE ELECTION OF THE CONGRESSIONAL DISTRICT PRESIDENTIAL ELECTOR OF THAT PARTY OR PETITION CANDIDATE; AND TO REPEAL SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTOR'S DECLARATION OF THE CANDIDATE FOR WHOM HE WILL VOTE.
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Read the first time and referred to the Committee on Judiciary.

S. 790 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 25 . . . . . Tuesday, January 13, 2004

S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.
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Read the first time and referred to the Committee on Judiciary.

S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.
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Read the first time and referred to the Committee on Judiciary.

S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.
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Read the first time and referred to the Committee on Finance.

S. 794 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH


Printed Page 26 . . . . . Tuesday, January 13, 2004

CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
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Read the first time and referred to the Committee on Transportation.

S. 795 (Word version) -- Senators Richardson and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2140 SO AS TO "SUNSET" STATE SALES AND USE TAX EXEMPTIONS EVERY THREE YEARS BEGINNING IN 2005 AND TO PROVIDE THAT EXEMPTIONS MAY BE REINSTATED ONLY BY MEANS OF A JOINT RESOLUTION ENACTED BY THE GENERAL ASSEMBLY WHICH BY ITS TERMS SPECIFICALLY REINSTATES EXEMPTIONS, TO REQUIRE ADDITIONALLY THAT FOR REINSTATEMENT OF A SPECIFIC EXEMPTION ITS REINSTATEMENT MUST RECEIVE A SEPARATE AFFIRMATIVE RECORDED TWO-THIRDS VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR NOTICE OF DELETED AND REINSTATED EXEMPTIONS.
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Read the first time and referred to the Committee on Finance.

S. 796 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT,


Printed Page 27 . . . . . Tuesday, January 13, 2004

CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
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Read the first time and referred to the Committee on Transportation.

S. 797 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-5-2770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, SO AS TO PROVIDE THAT A SCHOOL BUS ROUTE MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS ANY PUBLIC OR PRIVATE ROAD.
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Read the first time and referred to the Committee on Transportation.

S. 798 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.
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Read the first time and referred to the Committee on Judiciary.

S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".


Printed Page 28 . . . . . Tuesday, January 13, 2004

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

S. 800 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO CONGRATULATE THE YELLOW JACKETS OF GREER HIGH SCHOOL ON WINNING THE 2003 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAA.
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The Senate Resolution was adopted.

S. 801 (Word version) -- Senators Martin, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 802 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MISS TRISTA KUTCHER OF MOUNT PLEASANT FOR HER OUTSTANDING PERFORMANCE AT THE SPECIAL OLYMPICS SUMMER WORLD GAMES IN DUBLIN, IRELAND, IN JUNE OF 2003, WHERE SHE WON TWO GOLD MEDALS, A SILVER MEDAL, AND TWO BRONZE MEDALS, AND TO WISH HER MUCH SUCCESS IN HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 803 (Word version) -- Senator Mescher: A SENATE RESOLUTION HONORING AND RECOGNIZING MRS. LYNN HOOVER OF RIDGEVILLE WHO SELFLESSLY DONATED HER KIDNEY TO HER CO-WORKER'S BROTHER AND COMMENDING MRS.


Printed Page 29 . . . . . Tuesday, January 13, 2004

HOOVER ON HER OVERWHELMING KINDNESS AND GENEROSITY.
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The Senate Resolution was adopted.

S. 804 (Word version) -- Senators Fair, Grooms, Pinckney, McConnell, Mescher, Branton, Ravenel, Ford and Kuhn: A CONCURRENT RESOLUTION TO COMMEND THE FACULTY AND STUDENTS OF C.C. BLANEY ELEMENTARY SCHOOL IN CHARLESTON COUNTY ON THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 805 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.
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Read the first time and referred to the Committee on Education.

S. 806 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-95 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, A LICENSED SCHOOL COUNSELOR WHO HAS MET THE REQUIREMENTS FOR AND ACQUIRED A NATIONAL CERTIFIED SCHOOL COUNSELOR (NCSC) ENDORSEMENT FROM THE NATIONAL BOARD OF CERTIFIED COUNSELORS AND WHO IS EMPLOYED AS A SCHOOL COUNSELOR BY A LOCAL SCHOOL DISTRICT ON A TEACHER SALARY SCHEDULE SHALL RECEIVE ALL INCENTIVES AND PRIVILEGES OFFERED TO INDIVIDUALS RECEIVING THE NATIONAL BOARD FOR PROFESSIONAL TEACHING


Printed Page 30 . . . . . Tuesday, January 13, 2004

STANDARDS CERTIFICATION AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE INCENTIVES AND PRIVILEGES SHALL BE CONTINUED.
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Read the first time and referred to the Committee on Education.

S. 807 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET PROCESS, SO AS TO PROVIDE THAT CERTAIN INFORMATION PROVIDED TO THE GOVERNOR FOR THE UNDERTAKINGS OF STATE GOVERNMENT BE SENT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE, TO PROVIDE THAT THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE CONSTITUTE A JOINT APPROPRIATION COMMITTEE WHICH SHALL MEET TO CONSIDER AND ESTABLISH THE PROJECTED ANNUAL REVENUE AND CERTAIN REQUIRED ALLOCATIONS ON WHICH THE ANNUAL GENERAL APPROPRIATION BILL MUST BE BASED AND TO PROVIDE THAT THE BILL WHICH RECEIVES THIRD READING FIRST IN EITHER BODY SHALL BE THE RECORD BILL FOR PURPOSES OF FINAL PASSAGE AND TO REPEAL SECTIONS 11-11-100 AND 11-11-140.
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Read the first time and referred to the Committee on Finance.

S. 808 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXCLUDE BOTH A LANDOWNER AND HIS GUEST FROM THE PROVISION REQUIRING PERMISSION OF THE OWNER AND OCCUPANT OF A RESIDENCE PRIOR TO HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WHEN THE LANDOWNER AND HIS GUEST ARE HUNTING ON THE LANDOWNER'S PROPERTY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN


Printed Page 31 . . . . . Tuesday, January 13, 2004

LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 810 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION TO LAW ENFORCEMENT OFFICERS OR OTHER PERSONS TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO REVISE THE TYPE OF EVIDENCE RELATING TO CRIMINAL CONVICTIONS THAT AN EMPLOYER OF A LAW ENFORCEMENT OFFICER MUST PROVIDE TO THE DEPARTMENT REGARDING ANY OFFICER WHO IS A CANDIDATE FOR CERTIFICATION; AND TO AMEND SECTION 24-21-1000, RELATING TO A CERTIFICATE OF PARDON ISSUED TO A PERSON WHO IS GRANTED A PARDON, SO AS TO PROVIDE THAT PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE CERTAIN SUBSEQUENT OFFENSES.
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Read the first time and referred to the Committee on Judiciary.

S. 811 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-360 SO AS TO REQUIRE THE ENTITY PROVIDING WATER TO A FIRE HYDRANT TO INSTALL, MAINTAIN, AND BEAR ALL COSTS ASSOCIATED WITH THE HYDRANT IF IT IS REQUIRED TO BE LOCATED WITHIN FIVE HUNDRED FEET OF A BUILDING.
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Read the first time and referred to the Committee on Judiciary.

S. 812 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-3-653, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO


Printed Page 32 . . . . . Tuesday, January 13, 2004

AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE; AND TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE IS A LESSER INCLUDED OFFENSE OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE AND SECOND DEGREE.
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Read the first time and referred to the Committee on Judiciary.

S. 813 (Word version) -- Senators Richardson, Hutto and Ravenel: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
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Read the first time and referred to the Committee on Judiciary.

S. 814 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.
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Read the first time and referred to the Committee on Judiciary.

S. 815 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-11-615, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING A PERSON CHARGED WITH UNLAWFULLY CUTTING OR DESTROYING TIMBER TO PAY THREE TIMES THE FAIR MARKET VALUE OF THE TIMBER IN ORDER TO DISCHARGE HIS LIABILITY, SO AS TO INCREASE THE MULTIPLE REQUIRED FROM THREE TIMES THE FAIR


Printed Page 33 . . . . . Tuesday, January 13, 2004

MARKET VALUE OF THE TIMBER TO TWENTY TIMES THE FAIR MARKET VALUE OF THE TIMBER.
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Read the first time and referred to the Committee on Judiciary.

S. 816 (Word version) -- Senator Ford: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.
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Read the first time and referred to the Committee on Judiciary.

S. 817 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO BAIL BONDSMEN AND RUNNERS, SO AS TO DEFINE ELECTRONIC MONITORING; TO AMEND SECTION 38-53-150, RELATING TO LICENSING REQUIREMENTS FOR BAIL BONDSMEN, SO AS TO PROVIDE THAT A BAIL BONDSMAN'S LICENSE MAY BE DENIED, SUSPENDED, REVOKED, OR NOT RENEWED FOR TWO YEARS WHEN A BAIL BONDSMAN FALSELY REPRESENTS HIS MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILS TO CARRY OUT REQUIRED MONITORING ACTIVITIES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS OF BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN SHALL NOT FALSELY REPRESENT THEIR MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAIL TO CARRY OUT REQUIRED MONITORING ACTIVITIES; AND TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATIONS BY BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN MAY BE CIVILLY LIABLE FOR FALSELY REPRESENTING MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILING TO CARRY OUT REQUIRED MONITORING ACTIVITIES.


Printed Page 34 . . . . . Tuesday, January 13, 2004

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

S. 818 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 FROM THE ASHLEY RIVER BRIDGE TO THE COASTAL RESEARCH AND EDUCATION CENTER IN CHARLESTON COUNTY THE "STATE REPRESENTATIVE ROBERT W. HARRELL, JR. HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "STATE REPRESENTATIVE ROBERT W. HARRELL, JR. HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 819 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 FROM THE COASTAL RESEARCH AND EDUCATION CENTER IN CHARLESTON COUNTY TO THE CHARLESTON/COLLETON COUNTY LINE THE "STATE REPRESENTATIVE CURTIS B. INABINETT HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "STATE REPRESENTATIVE CURTIS B. INABINETT HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 820 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE AND HAS NEVER HELD A FORM OF LICENSE EVIDENCING PREVIOUS DRIVING EXPERIENCE FIRST MUST BE ISSUED A BEGINNER'S PERMIT AND MUST HOLD IT FOR AT LEAST ONE HUNDRED EIGHTY DAYS BEFORE BEING ELIGIBLE FOR FULL LICENSURE WHILE A PERSON WHO IS EIGHTEEN


Printed Page 35 . . . . . Tuesday, January 13, 2004

YEARS OF AGE OR OLDER AND HAS NEVER HELD A FORM OF LICENSURE EVIDENCING PREVIOUS DRIVING EXPERIENCE FIRST MUST BE ISSUED A BEGINNER'S PERMIT AND MUST HOLD IT FOR AT LEAST THIRTY DAYS BEFORE BEING ELIGIBLE FOR FULL LICENSURE.
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Read the first time and referred to the Committee on Transportation.

S. 821 (Word version) -- Senators Short and Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
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Read the first time and referred to the Committee on Transportation.

S. 822 (Word version) -- Senators Leventis, Knotts, Land and Cromer: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE


Printed Page 36 . . . . . Tuesday, January 13, 2004

DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY

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TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM

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AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A

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DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.
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Senator LEVENTIS spoke on the Bill.

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

S. 823 (Word version) -- Senators Knotts, Cromer, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A NEWLY CONSTRUCTED ROAD IN LEXINGTON COUNTY WHICH CONNECTS SOUTH CAROLINA HIGHWAY NO. 1 TO SOUTH CAROLINA HIGHWAY NO. 6 AROUND THE NEWLY CONSTRUCTED LEXINGTON COUNTY COURTHOUSE "MYERS WAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE NEWLY CONSTRUCTED ROAD.
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On motion of Senator KNOTTS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 824 (Word version) -- Senators McConnell, Moore, Ritchie, J. Verne Smith, O'Dell, Ryberg and Ford: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 4, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUSTICE OF THE SUPREME COURT, SEAT 1, WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE


Printed Page 40 . . . . . Tuesday, January 13, 2004

CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT

Printed Page 41 . . . . . Tuesday, January 13, 2004

FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A

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CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; AND TO ELECT THE SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2004.
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On motion of Senator MCCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4324 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON AND OCONEE COUNTIES MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

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

H. 4409 (Word version) -- Reps. Weeks and G.M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF HIGHWAY 521 IN SUMTER COUNTY FROM ITS INTERSECTION WITH LAFAYETTE BOULEVARD TO THE SUMTER CITY LIMIT AS "THE MARTIN LUTHER KING, JR., MEMORIAL HIGHWAY" IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "THE MARTIN LUTHER KING, JR., MEMORIAL HIGHWAY".

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:


Printed Page 43 . . . . . Tuesday, January 13, 2004

An invitation from the PALMETTO CONSERVATION FOUNDATION to attend a breakfast at the Capital City Club on Wednesday, January 14, 2003, from 8:00 until 9:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA MEDICAL ASSOCIATION to attend a reception at the South Trust Tower on Wednesday, January 14, 2003, from 12:00 until 1:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0


Printed Page 44 . . . . . Tuesday, January 13, 2004

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the CITY OF COLUMBIA to attend a reception at the South Trust Tower on Wednesday, January 14, 2003, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA BROADCASTERS ASSOCIATION to attend a shrimp and grits breakfast in Room 221 Blatt Bldg. on Thursday, January 15, 2003, from 8:00 until 10:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0


Printed Page 45 . . . . . Tuesday, January 13, 2004

CARRIED OVER

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, Setzler and Ford: 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


Printed Page 46 . . . . . Tuesday, January 13, 2004

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.

The House returned the Bill with amendments, the question being the adoption of Amendment No. 6 (BBM\9901SL03) proposed by Senators RITCHIE, LAND, LEATHERMAN, MOORE, ALEXANDER, McGILL, MARTIN and COURSON.

Senator KUHN was recognized.

S. 560 and H. 3926--Carried Over

With Senator KUHN retaining the floor, Senator MARTIN asked unanimous consent to make a motion that the Bill, along with H. 3926, be carried over for two weeks, not to be taken up for consideration until January 27, 2004, for the purpose of holding a public hearing on the Bills.

There was no objection and S. 560 and H. 3926 were carried over, not to be taken up for consideration prior to January 27, 2004, with Senator KUHN retaining the floor on S. 560.

CARRIED OVER

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The Bill was returned from the House with amendments.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over for two weeks, not to be taken up for consideration before January 27, 2004, with Senator HUTTO retaining the floor.


Printed Page 47 . . . . . Tuesday, January 13, 2004

NONCONCURRENCE

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.

The House returned the Bill with amendments.

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

H. 4268--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN spoke on the report.

On motion of Senator MARTIN, the Report of the Committee of Conference to H. 4268 was adopted as follows:


Printed Page 48 . . . . . Tuesday, January 13, 2004

H. 4268--Conference Report
The General Assembly, Columbia, S.C., June 5, 2003

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Amend the bill, as and if amended, by striking all after the enacting words and inserting:/   SECTION   1.   Notwithstanding the provisions of Section 57-23-800 of the 1976 Code, or any other provision of law, the roadside adjacent to the Laurens County Industrial Park on Interstate Highway 26 beginning at the interchange of Interstate Highway 26 and State Highway 72 and extending east two-tenths of a mile past mile marker 54 may be mowed beyond thirty feet from the pavement.SECTION   2.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s//Sen. Arthur Ravenel           /s/Rep. Jeffrey Duncan
/s/Sen. Ralph Anderson            /s/Rep. Becky Rogers Martin
/s/Sen. Danny Verdin              /s/Rep. Joel Lourie
On Part of the Senate             On Part of the House.

, and a message was sent to the House accordingly.

S. 317--CONFERENCE COMMITTEE APPOINTED

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Whereupon, Senators J. VERNE SMITH, PEELER, and ELLIOTT were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.


Printed Page 49 . . . . . Tuesday, January 13, 2004

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

Senator RYBERG explained the Bill.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 732 (Word version) -- Senators Pinckney, J. Verne Smith, Leventis, Anderson and Richardson: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE RATHER THAN ALLOW THE TAX ASSESSOR, COUNTY TREASURER, AND COUNTY AUDITOR TO DIVIDE A DIVISIBLE PARCEL OF REAL PROPERTY FOR PURPOSES OF THE DELINQUENT TAX SALE AND OFFER A PORTION OF THE PARCEL SUFFICIENT TO SATISFY THE PAYMENT OF THE TAXES, ASSESSMENTS, PENALTIES, AND COSTS.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS,


Printed Page 50 . . . . . Tuesday, January 13, 2004

REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator KNOTTS proposed the following amendment (NBD\ 11513AC03), which was adopted:

Amend the bill, as and if amended, by deleting Section 44-4-20(B)(3) and inserting:

/(3)   provide to the department a certificate of each tattoo artist's initial certification of successful completion of courses in bloodborne pathogens and tattoo infection control as approved by the department and a current American Red Cross First Aid Certificate and an Adult Cardio-Pulmonary Resuscitation (CPR) Certification obtained from the American Red Cross or the American Heart Association;/

Amend the bill, further, Section 44-43-20, page 2, after line 33 by inserting:

/(C)   A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing./

Amend the bill, further, Section 44-34-30, page 2, beginning on line 41 by deleting /use either disinfected scissors or a single-use disposable razor/ and inserting / use only a single-use disposable razor/.

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.

H. 4371 (Word version) -- Rep. Cato: A CONCURRENT RESOLUTION TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO SUSPEND THE EFFECTIVE DATE OF THE WIRELESS NUMBER PORTABILITY RULES UNTIL THE WIRELESS COMPANIES SERVING THE RESIDENTS OF SOUTH


Printed Page 51 . . . . . Tuesday, January 13, 2004

CAROLINA HAVE IMPLEMENTED FULLY THE CAPABILITIES NECESSARY FOR EMERGENCY COMMUNICATIONS, HOMELAND SECURITY, AND COMPLIANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION'S E-911 MANDATES, AND TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION THAT PREVENTS THE FEDERAL COMMUNICATIONS COMMISSION FROM REIMPOSING THE WIRELESS NUMBER PORTABILITY RULES UNTIL IT FINDS THAT THE IMPLEMENTATION OF THESE CAPABILITIES AND COMPLIANCE WITH THESE MANDATES IS COMPLETE.

On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was committed to the Committee on Judiciary.

There was no objection.

RECOMMITTED

The following Bills were recommitted to the appropriate committees:

H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn, Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J.E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO


Printed Page 52 . . . . . Tuesday, January 13, 2004

PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.

On motion of Senator ALEXANDER, with unanimous consent, the Bill was recommitted to the Committee on Labor, Commerce and Industry.

There was no objection.

H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.

On motion of Senator HUTTO, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

There was no objection.


Printed Page 53 . . . . . Tuesday, January 13, 2004

CARRIED OVER

The following Bills and Resolutions were carried over:

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was carried over.

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was carried over.

H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over.

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER


Printed Page 54 . . . . . Tuesday, January 13, 2004

IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

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

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

On motion of Senator ALEXANDER, with unanimous consent, the Bill was carried over.

H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was carried over.

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.


Printed Page 55 . . . . . Tuesday, January 13, 2004

On motion of Senator VERDIN, with unanimous consent, the Bill was carried over.

S. 724 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2783, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator PEELER, with unanimous consent, the Joint Resolution was carried over.

S. 743 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO BUSINESS ENTERPRISE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2832, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator PEELER, with unanimous consent, the Joint Resolution was carried over.

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.

S. 741 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO RESIDENTIAL CARE FACILITY ADMINISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2829,


Printed Page 56 . . . . . Tuesday, January 13, 2004

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator PEELER, with unanimous consent, the Joint Resolution was carried over.

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Cobb-Hunter, Perry, E.H. Pitts, M.A. Pitts, Mack, Richardson, J.H. Neal, Sandifer, Howard, Simrill, Bales, Skelton, Neilson, J.R. Smith, Owens, Snow, Talley, Trotter, Bailey, Umphlett, White, Whitmire, Thompson, Witherspoon, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS


Printed Page 57 . . . . . Tuesday, January 13, 2004

WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.

On motion of Senator RITCHIE, with unanimous consent, H. 3900 was carried over, not to be taken up before Tuesday, January 27, 2004.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTED

S. 735 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE FOR THE RETURN OF THE GENERAL ASSEMBLY AND FOR THE MATTERS IT MAY CONSIDER ON SUCH RETURN WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 2003, NOT LATER THAN 5:00 P.M.,

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

On motion of Senator McCONNELL, the Concurrent Resolution was committed to the Committee on Judiciary.


Printed Page 58 . . . . . Tuesday, January 13, 2004

THE SENATE PROCEEDED TO THE MOTION PERIOD.

RECOMMITTED

S. 209 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.

COMMITTED

H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator McCONNELL, the Joint Resolution was committed to the Committee on Judiciary.

RECOMMITTED

H. 4166 (Word version) -- Reps. Harrell, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-10-110 SO AS TO AUTHORIZE A CORPORATION, BY AMENDMENT OF ITS ARTICLES OF INCORPORATION, TO CONVERT TO A NONPROFIT PUBLIC BENEFIT CORPORATION OR A NONPROFIT MUTUAL BENEFIT CORPORATION, TO PROVIDE FOR THE EFFECTIVE DATE OF THE CONVERSION, THE REQUIREMENTS FOR THE AMENDMENTS TO THE ARTICLES, AND THE VOTING REQUIREMENT FOR ANY SHAREHOLDERS; AND TO AMEND SECTION 33-31-401, RELATING TO THE NAME OF A NONPROFIT CORPORATION, SO AS TO PROVIDE THAT A CORPORATION THAT CONVERTS TO NONPROFIT MAY CONTINUE TO USE ITS ORIGINAL NAME.

On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.


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RECOMMITTED

H. 3228 (Word version) -- Reps. G.M. Smith, Sheheen and Rutherford: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH THE OFFENSE OF, OR AN OFFENSE RELATED TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR VIOLATING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO DOES NOT ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WITHIN A CERTAIN PERIOD TO HAVE HIS SUSPENSION REMAIN IN EFFECT AND BE DENIED ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED LICENSE AND THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING, TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE FILING A


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FORM TO OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A LICENSE OR PERMIT IS ISSUED IF THE PERSON'S SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL DRUG SAFETY ACTION PROGRAM BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO REVISE THE TIME PERIOD IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.

On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.

COMMITTED

S. 746 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 18, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006.

On motion of Senator McCONNELL, the Concurrent Resolution was committed to the Committee on Judiciary.

MOTION WITHDRAWN

S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF


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HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.

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

RECESS

At 1:14 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed two minutes.

At 1:17 P.M., the Senate resumed.

On motion of Senator KUHN, the motion to make the Bill a Special Order was withdrawn.

MOTION ADOPTED

On motion of Senators LAND, ALEXANDER, ANDERSON, BRANTON, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, KUHN, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable DONALD H. HOLLAND, age 75, our beloved colleague and friend who passed away in October 5, 2003. Senator HOLLAND, first elected to the Senate at age 23 in 1951, had a lifelong passion for people and politics, a respect for the law, and love for his hometown, family and fishing. At the time of his passing Senator HOLLAND had been the longest-serving active lawmaker in South Carolina.

ADJOURNMENT

At 1:17 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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