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


Printed Page 126 . . . . . Thursday, January 15, 2004

Thursday, January 15, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, we are looking for new paths through the wilderness of our time... Hear a word from the Book of Exodus, Chapter 13 (v.21):

"And the Lord went before them

By day in a pillar of cloud

To lead them along the way,

And by night in a pillar of fire

To give them light that they might travel

By day and by night..."
Let us pray.

Father, Your wisdom is beyond our highest thought.

Your power gives us strength for every worthy endeavor.

Open our spiritual eyes and unstop our spiritual ears that we may be sensitive and responsive to the leading of Your Spirit!

"So for tomorrow and its needs we do not pray;

But keep us, guide us, love us, Lord, just for today!"
Amen!

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 8, 2003

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


Printed Page 127 . . . . . Thursday, January 15, 2004

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 169, R-135, an Act:
TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF 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 THE LENGTH OF THE SCHOOL TERM.

This Bill is special legislation that would allow the Lancaster County School District to set its calendar for the 2003-2004 school year. The purpose of this Bill has been accomplished by a general law, H. 3361, R-163, which gives all local school boards the authority to establish an annual school calendar. I signed H. 3361, R-163 into law on July 23, 2003. Accordingly, this Bill is not necessary.

For this reason, I am returning S. 169, R-135 to you without my signature.

Sincerely,
Mark Sanford
Governor

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

Senator GREGORY 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:


Printed Page 128 . . . . . Thursday, January 15, 2004

Ayes 0; Nays 45

AYES

Total--0

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.

Doctor of the Day

Senator PATTERSON introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator PINCKNEY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator REESE rose for an Expression of Personal Interest.


Printed Page 129 . . . . . Thursday, January 15, 2004

CO-SPONSOR ADDED

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, Ritchie, Leatherman and Hutto: 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 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.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 767.

RECALLED AND COMMITTED

S. 782 (Word version) -- Senators Giese and Reese: 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.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

On motion of Senator McCONNELL, with unanimous consent, the Bill was committed to the Committee on Education.


Printed Page 130 . . . . . Thursday, January 15, 2004

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 838 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT TO ENHANCE THE GRAND JURY SYSTEM AND TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND ELIMINATE CRIMINAL ACTIVITY, SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY CONCERNING THE USE OF THE GRAND JURY SYSTEM TO PREVENT, DETECT, AND PROSECUTE CRIMES INVOLVING THE DEPICTION OF CHILDREN ENGAGED IN SEXUAL ACTIVITY AND OBSCENITY CRIMES INVOLVING CHILDREN; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE GRAND JURY AND PROCEDURES FOR IMPANELING THE GRAND JURY, SO AS TO FURTHER SPECIFY CRIMES INVOLVING OBSCENITY THAT ARE WITHIN THE JURISDICTION OF THE GRAND JURY; TO ADD SECTION 16-15-342 SO AS TO CREATE THE FELONY CRIME OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-335, 16-15-345, 16-15-355, 16-15-385, 16-15-387, 16-15-395, 16-15-405, 16-15-410, AND 16-15-415, ALL RELATING TO OBSCENITY CRIMES INVOLVING MINORS, SO AS TO INCREASE THE PENALTIES FOR THESE CRIMES; AND TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE AND FORFEITURE OF EQUIPMENT USED IN COMMITTING CERTAIN OBSCENITY CRIMES INVOLVING MINORS, SO AS TO INCLUDE THE CRIMINAL SOLICITATION OF A MINOR AND PROMOTING PROSECUTION OF A MINOR.
l:\council\bills\nbd\12052ac04.doc

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

S. 839 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE AND A SIX-HOUR BOARD APPROVED HAIR BRAIDING COURSE; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO


Printed Page 131 . . . . . Thursday, January 15, 2004

DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
l:\council\bills\nbd\12050ac04.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 840 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Malloy and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT, IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR; PROPOSING


Printed Page 132 . . . . . Thursday, January 15, 2004

AN AMENDMENT TO SECTION 15, ARTICLE V, RELATING TO THE QUALIFICATIONS OF JUSTICES AND JUDGES, SO AS TO DELETE AN OBSOLETE PARAGRAPH WHICH PROVIDES FOR CERTAIN QUALIFICATIONS OF SITTING JUSTICES AND JUDGES; PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE VI, RELATING TO THE OATH OF OFFICE FOR EXECUTIVE OFFICERS, SO AS TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECTION AND TO MAINTAIN OATHS FOR MEMBERS OF THE GENERAL ASSEMBLY UNDER ARTICLE III, SECTION 26; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, COMPTROLLER GENERAL, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT, UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, THEY MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR TERMS COTERMINOUS WITH THAT OF THE GOVERNOR, EXCEPT FOR THE COMPTROLLER GENERAL WHO SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND TO PROVIDE THAT, UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, HE MUST BE APPOINTED BY THE GOVERNOR;

Printed Page 133 . . . . . Thursday, January 15, 2004

AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
l:\council\bills\dka\3703htc04.doc

Senator McCONNELL spoke on the Resolution.

Senator MOORE spoke on the Resolution.

Senator COURSON spoke on the Resolution.

Senator RITCHIE spoke on the Resolution.

Senator HAWKINS spoke on the Resolution.

Senator RICHARDSON spoke on the Resolution.

Senator KNOTTS spoke on the Resolution.

Senator BRANTON spoke on the Resolution.

Senator GROOMS spoke on the Resolution.

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

S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese and Gregory: A BILL TO AMEND SECTION 1-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS CONSTITUTING THE EXECUTIVE DEPARTMENT, SO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 1-1-120, RELATING TO VACANCIES IN THE EXECUTIVE DEPARTMENT, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-1-1210, RELATING TO ANNUAL SALARIES OF CERTAIN STATE OFFICERS, SO AS TO DELETE REFERENCES TO CERTAIN OFFICERS; TO AMEND SECTION 1-7-110, RELATING TO ADVICE GIVEN BY THE ATTORNEY GENERAL TO STATE OFFICERS AND PUBLIC SERVICE COMMISSION, SO AS TO REVISE CERTAIN REFERENCES; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND CHAPTER 30, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO CREATE THE DEPARTMENTS OF ADJUTANT GENERAL, ADMINISTRATION, COMPTROLLER GENERAL, AND SECRETARY OF STATE, AND TO REORGANIZE THE DEPARTMENTS OF ALCOHOL AND OTHER


Printed Page 134 . . . . . Thursday, January 15, 2004

DRUG ABUSE SERVICES, CORRECTIONS AND PROBATION, DISABILITIES AND SPECIAL NEEDS, ENVIRONMENT AND NATURAL RESOURCES, HEALTH AND ENVIRONMENTAL CONTROL, AND HEALTH AND HUMAN SERVICES, ALL WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT AND TO ESTABLISH WITH EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION, TERMS, AND REMOVAL OF DEPARTMENT HEADS, BOARD AND COMMISSION MEMBERS, AND OTHER OFFICIALS AND OFFICERS; TO AMEND SECTION 25-1-10(3) AND (4), RELATING TO MILITARY CODE DEFINITIONS, SO AS TO CORRECT REFERENCES TO THE ADJUTANT GENERAL AND ASSISTANT ADJUTANT GENERAL; TO AMEND SECTION 25-1-320, RELATING TO THE ELECTION OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS AN APPOINTED OFFICIAL; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN OFFICE OF ADJUTANT GENERAL, SO AS TO PROVIDE THAT A PERSON APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE TO FILL A VACANCY IN THE OFFICE OF ADJUTANT GENERAL SHALL SERVE FOR THE UNEXPIRED TERM ONLY; TO AMEND SECTION 1-11-10, RELATING TO THE COMPOSITION OF THE BUDGET AND CONTROL BOARD, SO AS TO DELETE REFERENCES TO THE COMPTROLLER GENERAL, AND SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO DELETE OBSOLETE REFERENCES AND TO REFLECT THE TRANSFER OF THE DIVISION OF GENERAL SERVICES, THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE OF ENERGY FROM THE BOARD TO THE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION AS PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54 AND 1-11-85, AND TO AMEND THE FOLLOWING SECTIONS ALL SO AS TO CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, AS AMENDED; 1-11-22; 1-11-54; 1-11-55; 1-11-56; 1-11-58; 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 1-11-110; 1-11-180; 1-11-185; 1-11-220; 1-11-225; 1-11-250 AND 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 1-11-280; 1-

Printed Page 135 . . . . . Thursday, January 15, 2004

11-290; 1-11-300, AS AMENDED; 1-11-310, AS AMENDED; 1-11-315; 1-11-320; 1-11-335; 1-11-340; 1-11-430; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; CHAPTER 47, TITLE 2; ARTICLE 9, CHAPTER 11 OF TITLE 8; 8-11-40, AS AMENDED; 8-11-41; 8-11-50; 8-11-98; 8-11-120, AS AMENDED; 8-11-145; 8-11-165, AS AMENDED; 8-11-185; 8-11-195; 8-11-210; 8-11-230; 8-11-240; 8-11-250; 8-11-650; 8-11-670; 8-11-680; 8-12-60; 8-17-320, AS AMENDED; 8-17-330; 8-17-340, AS AMENDED; 8-17-345; 8-17-350, AS AMENDED; 8-17-380; CHAPTER 9, TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN FOR USE OF AN ALTERNATIVE FUEL BY STATE VEHICLES, SECTIONS 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 6 OF CHAPTER 3 OF TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER IN THE BUDGET AND CONTROL BOARD; TO AMEND THE CODE BY ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE DEPARTMENT OF ADMINISTRATION; TO AMEND SECTION 46-3-30, RELATING TO QUALIFICATIONS FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 46-3-40, RELATING TO THE ELECTION OF THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS AN APPOINTED OFFICE; TO AMEND SECTION 46-3-60, RELATING TO THE CLERK FOR THE COMMISSIONER OF AGRICULTURE, SO AS TO PROVIDE FOR THE COMMISSIONER'S STAFF; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 1 OF TITLE 13, ESTABLISHING THE DIVISION OF LOCAL

Printed Page 136 . . . . . Thursday, January 15, 2004

GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND CHAPTER 43, TITLE 41, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO RECONSTITUTE IT AS A DIVISION UNDER THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 48-5-30, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND CORPORATION, SO AS TO CONFORM THE GOVERNANCE OF THE CORPORATION TO ITS NEW ADMINISTRATION IN THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF COMMERCE, TO AMEND SECTION 13-1-1710, AS AMENDED, RELATING TO COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO CONFORM IT TO THE ADMINISTRATIVE CHANGES MADE BY THIS PART, AND TO REPEAL SECTIONS 1-11-25 AND 1-11-26, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD AND ENFORCEMENT PROVISIONS, INCLUDING CRIMINAL PENALTIES, APPLICABLE TO GRANTS MADE BY THAT DIVISION; TO AMEND CHAPTERS 1, 3, 9, 13, 19, 21, 22, 23, 25, 26, AND 27 OF TITLE 24, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE FUNCTIONS OF BOTH DEPARTMENTS SHALL BE DEVOLVED UPON THE DEPARTMENT OF CORRECTIONS AND PROBATION AND ITS SUBDIVISIONS AND TO AMEND THE FOLLOWING SECTIONS TO CONFORM THEM TO THE ESTABLISHMENT OF THE DEPARTMENT OF CORRECTIONS AND PROBATION: 2-13-240, 2-48-20, 2-48-30, 2-48-40, 2-48-60, 9-11-10, 11-35-710, ALL AS AMENDED, 14-1-220, 14-1-230, 15-49-20, AS AMENDED, 16-3-1260, 16-3-1515, 16-3-1545, 16-3-1555, 16-3-1560, 16-17-470, 17-7-10, 17-17-100, 17-24-20, 17-25-45, 17-25-80, 17-25-145, 17-25-322, 17-25-324, 17-25-380, 20-7-6845, AS AMENDED, 20-7-7810, AS AMENDED, 20-7-8025, AS AMENDED, 20-7-8515, AS AMENDED, 23-3-120, 23-3-440, AND 23-3-460, ALL AS AMENDED, 23-4-110, AS AMENDED, 23-4-520, 23-6-410, AS AMENDED, 23-6-420, AND 23-6-440, BOTH AS AMENDED, 23-25-20, 23-31-140, 40-7-340, 40-11-360, 40-33-770, 40-47-140, 42-1-480, 42-1-505, 42-7-65, 43-31-160, AS AMENDED, 44-48-40, 44-48-50, 59-63-370, AS AMENDED, AND 59-101-350,

Printed Page 137 . . . . . Thursday, January 15, 2004

AS AMENDED; TO ADD SECTION 59-3-5 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET; TO REPEAL SECTIONS 59-3-10 AND 59-3-20; TO AMEND SECTIONS 1-1-110 AND 1-1-1210, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS; TO ABOLISH THE STATE BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE STATE SUPERINTENDENT OF EDUCATION; TO AMEND CHAPTER 5, TITLE 59 OF THE 1976 CODE, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO CONFORM REFERENCES TO THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OF EDUCATION AND DELETE SECTIONS REGARDING THE COMPOSITION AND ORGANIZATION OF THE STATE BOARD OF EDUCATION; TO AMEND SECTIONS 9-1-1795, 10-1-110, 20-7-6855, 24-25-30, 24-25-35, 34-28-540, 40-33-530, 56-1-176, 56-5-190, 59-1-40, 59-1-170, 59-1-180, 59-1-320, 59-1-400, AS AMENDED, 59-1-445, 59-1-447, 59-1-448, 59-1-450, AS AMENDED, 59-1-452, AS AMENDED, 59-3-30, 59-3-60, 59-6-10, AS AMENDED, 59-6-16, AS AMENDED, 59-6-20, AS AMENDED, 59-6-30, AS AMENDED, 59-6-110, 59-6-120, 59-13-20, 59-13-40, 59-13-60, 59-13-120, 59-13-140, 59-17-60, 59-17-130, CHAPTER 18, TITLE 59, 59-19-45, AS AMENDED, 59-19-90, AS AMENDED, 59-19-95, 59-19-140, 59-19-190, 59-20-20, AS AMENDED, 59-20-40, AS AMENDED, 59-20-50, AS AMENDED, 59-20-60, AS AMENDED, 59-20-65, 59-21-150, 59-21-310, 59-21-320, 59-21-340, 59-21-350, 59-21-360, 59-21-370, 59-21-380, 59-21-390, 59-21-400, 59-21-410, 59-21-420, 59-21-440, AS AMENDED, 59-21-540, 59-21-550, 59-21-570, 59-21-580, 59-21-600, AS AMENDED, 59-21-720, 59-21-760, 59-21-1030, 59-21-1210, AS AMENDED, 59-21-1220, AS AMENDED, 59-24-20, 59-24-40, AS AMENDED, 59-24-60, 59-24-65, 59-24-80, 59-24-100, AS AMENDED, 59-24-110, AS AMENDED, 59-24-120, 59-25-110, 59-25-150, 59-25-160, 59-25-170, 59-25-180, 59-25-190, 59-25-200, 59-25-210, 59-25-240, 59-25-250, AS AMENDED, 59-25-260, AS AMENDED, 59-25-270, AS AMENDED, 59-25-530, 59-25-760, 59-25-800, 59-25-810, 59-25-820, 59-25-830, AS AMENDED, 59-25-840, 59-25-860, CHAPTER 26, TITLE 59, 59-27-10, 59-27-20, 59-28-130, 59-28-150, 59-28-160, 59-

Printed Page 138 . . . . . Thursday, January 15, 2004

29-10, AS AMENDED, 59-29-20, 59-29-30, 59-29-40, 59-29-55, 59-29-70, 59-29-100, AS AMENDED, 59-29-110, 59-29-170, AS AMENDED, 59-29-179, 59-29-181, 59-29-182, 59-29-190, AS AMENDED, 59-29-220, AS AMENDED, 59-30-10, AS AMENDED, 59-30-15, AS AMENDED, 59-30-20, AS AMENDED, 59-30-110, CHAPTER 31, TITLE 59, 59-32-10, 59-32-20, 59-32-30, 59-33-30, 59-33-90, 59-33-100, 59-33-110, 59-35-10, AS AMENDED, 59-36-20, 59-36-30, 59-36-40, CHAPTER 37, TITLE 59, 59-39-10, 59-39-30, 59-39-80, 59-39-100, AS AMENDED, 59-39-140, 59-39-160, AS AMENDED, 59-39-170, 59-39-320, 59-39-330, 59-39-340, 59-40-70, AS AMENDED, 59-40-90, AS AMENDED, 59-40-110, AS AMENDED, 59-40-160, AS AMENDED, 59-40-180, AS AMENDED, 59-41-40, 59-41-60, 59-43-10, 59-43-20, 59-45-70, 59-52-40, 59-52-50, 59-52-60, 59-52-70, 59-52-80, 59-52-90, AS AMENDED, 59-52-100, AS AMENDED, 59-53-20, 59-53-30, 59-53-50, 59-53-53, AS AMENDED, 59-53-80, 59-53-1810, 59-53-1830, 59-53-1850, 59-53-1860, 59-53-1870, 59-53-1880, 59-53-1960, 59-54-20, AS AMENDED, 59-54-30, 59-54-40, AS AMENDED, 59-55-40, 59-63-210, AS AMENDED, 59-63-340, AS AMENDED, 59-63-430, 59-63-520, 59-63-710, 59-63-800, 59-63-1390, AS AMENDED, 59-65-10, AS AMENDED, 59-65-30, AS AMENDED, 59-65-40, 59-65-90, 59-65-230, 59-66-20, 59-66-30, 59-67-20, AS AMENDED, 59-67-30, 59-67-40, 59-67-410, 59-67-420, 59-67-440, 59-67-450, 59-67-460, 59-67-470, 59-67-490, 59-67-500, 59-67-530, 59-67-540, AS AMENDED, 59-67-550, 59-67-570, AS AMENDED, 59-67-720, 59-69-30, 59-71-410, 59-71-430, 59-71-440, 59-71-480, 59-71-550, 59-71-560, 59-73-160, 59-101-80, 59-101-160, 59-103-45, AS AMENDED, 59-103-140, 59-103-180, 59-137-10, AS AMENDED, 59-137-20, AS AMENDED, 59-137-30, AS AMENDED, 59-139-10, AS AMENDED, 59-139-11, 59-139-15, 59-139-20, 59-139-40, AS AMENDED, 59-139-50, AS AMENDED, 59-139-60, AS AMENDED, 59-139-80, 59-141-10, AS AMENDED, ARTICLE 2, CHAPTER 144, TITLE 59, 59-146-30, 59-146-60, 59-146-170, AND 60-9-30, ALL CONTAINING REFERENCES TO THE STATE BOARD OF EDUCATION, SO AS TO CHANGE THE REFERENCES FROM THE STATE BOARD OF EDUCATION TO THE STATE SUPERINTENDENT OF EDUCATION; TO AMEND CHAPTER 103, TITLE 59, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO DESIGNATE SECTIONS 59-103-10 THROUGH 59-104-200 AS ARTICLE 1, GENERAL PROVISIONS, CHAPTER 103, TITLE 59, AND BY ADDING ARTICLE 3, TUITION GRANTS; TO

Printed Page 139 . . . . . Thursday, January 15, 2004

TRANSFER THE POWERS AND DUTIES OF THE FORMER HIGHER EDUCATION TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION AND CREATE THE TUITION GRANT ADVISORY BOARD, WHICH SHALL ADVISE THE COMMISSION OF HIGHER EDUCATION ON MATTERS CONCERNING TUITION GRANTS; TO AMEND SECTIONS 59-104-20, AS AMENDED, 59-143-30, 59-150-350, AS AMENDED, AND 59-150-355, ALL CONTAINING REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMISSION, SO AS TO CHANGE THE TUITION GRANT COMMISSION TO THE COMMISSION ON HIGHER EDUCATION; AND TO REPEAL CHAPTER 113, TITLE 59 OF THE 1976 CODE; TO AMEND CHAPTER 1, TITLE 44 BY ADDING ARTICLE 2 SO AS TO CREATE THE BOARD OF THE SOUTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND TO AMEND SECTIONS 1-3-240; CHAPTER 5, TITLE 3; CHAPTER 33, TITLE 4; 5-31-2010; 6-11-285; 6-11-290; 6-11-1210; 6-11-1430; 6-15-30; 6-19-30; 6-19-40; 6-21-400; CHAPTER 7, TITLE 13; 40-23-20; 40-23-110; 40-23-280; 40-23-305; 40-23-310; 40-23-400; CHAPTER 2, TITLE 44; ARTICLE 1, CHAPTER 55, TITLE 44; ARTICLE 3, CHAPTER 55, TITLE 44; ARTICLE 5, CHAPTER 55, TITLE 44; ARTICLE 23, CHAPTER 55, TITLE 44; ARTICLE 1, CHAPTER 56, TITLE 44; ARTICLE 2, CHAPTER 56, TITLE 44; ARTICLE 4, CHAPTER 56, TITLE 44; ARTICLE 7, CHAPTER 56, TITLE 44; 44-56-840; CHAPTER 67, TITLE 44; CHAPTER 87, TITLE 44; CHAPTER 93, TITLE 44; ARTICLE 1, CHAPTER 96, TITLE 44; ARTICLE 2, CHAPTER 96, TITLE 44; 46-1-130; 46-1-140; 46-3-240; 46-7-100; 46-7-110; 46-9-120; 46-13-110; 46-51-20; 47-1-80; 47-4-150; CHAPTER 5, TITLE 47; 47-17-40; 47-17-120; 47-17-130; 47-17-140; 47-17-320; 47-19-35; CHAPTER 20, TITLE 47; CHAPTER 1, TITLE 48; ARTICLE 1, CHAPTER 2, TITLE 48; 48-3-10; 48-3-20; 48-3-60; 48-3-140; 48-5-20; 48-5-40; 48-5-50; 48-5-55; 48-5-60; 48-5-160; CHAPTER 14, TITLE 48; CHAPTER 18, TITLE 48; CHAPTER 20, TITLE 48; 48-21-20; CHAPTER 39, TITLE 48; 48-40-20; 48-40-40; 48-46-30; 48-46-40; 48-46-50; 48-46-80; 48-46-90; 48-55-10; CHAPTER 56, TITLE 48; CHAPTER 57, TITLE 48; 49-1-15; 49-1-16; CHAPTER 3, TITLE 49; CHAPTER 4, TITLE 49; CHAPTER 5, TITLE 49; CHAPTER 6, TITLE 49; ARTICLE 3, CHAPTER 11, TITLE 49; CHAPTER 21, TITLE 49; 49-23-60; 50-16-30; 50-19-1935; AND 55-1-100, ALL RELATING TO ENVIRONMENTAL PROGRAMS IN THE

Printed Page 140 . . . . . Thursday, January 15, 2004

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ADD SECTIONS 50-5-1025, 50-5-1030, 50-5-1035, AND 50-5-1040 SO AS TO TRANSFER THESE PROGRAMS TO THE DIVISION OF ENVIRONMENTAL CONTROL, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; TO AMEND SECTIONS 2-13-190, 2-13-240, 3-3-210, 10-9-320, 11-37-200, 13-11-20, 15-9-415, 16-23-20, 16-27-60, 16-27-80, 20-7-410, 20-7-1295, 23-25-20, 23-28-120, 40-23-10, 40-28-10, 40-65-10, 44-55-45, 46-13-150, 47-1-210, ARTICLE 5, CHAPTER 3, TITLE 47, 47-3-420, 47-3-510, 47-3-550, 48-1-85, CHAPTER 4, TITLE 48, 48-9-15, 48-9-40, 48-9-230, 48-9-260, 48-9-270, 48-9-280, 48-9-290, 48-11-10, 48-11-15, 48-22-10, 48-22-20, 48-43-570, 48-45-40, 48-45-80, 48-59-30, 48-59-40, 49-23-20, 49-23-60, 49-25-10, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-29-20, 49-29-200, 50-1-5, 50-3-10, 50-3-180, 50-3-410, 50-3-420, 50-3-720, 50-3-900, 50-3-910, 50-3-1120, 50-5-15, 50-5-20, 50-5-955, 50-5-1950, 50-11-20, 50-11-90, 50-11-390, 50-11-745, 50-11-1920, 50-13-1199, 50-19-1935, 50-21-10, 50-21-870, 50-23-290, 51-3-145, 51-3-160, 51-13-2010, 51-17-10, 51-17-50, 51-17-70, 51-17-90, 51-17-130, 51-17-150, 51-18-60, 51-18-30, 51-22-20, 51-22-50, 51-22-60, 56-3-7300, 56-7-50, 57-5-870, 57-23-800, 58-1-65, 58-33-140, SO AS TO CREATE THE DIVISION OF NATURAL RESOURCES WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WITH THE BOARD OF NATURAL RESOURCES TO BECOME ADVISORY OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF NATURAL RESOURCES; AND TO AMEND SECTIONS 1-5-40, 6-9-50, 6-11-105, 16-13-177, 23-49-110, 23-49-120, 46-33-90, CHAPTER 23, TITLE 48, 48-28-30, 48-29-20, 48-29-30, 48-29-40, 48-29-50, 48-29-60, 48-30-30, 48-33-20, 48-33-40, 48-33-50, 48-33-70, 48-33-80, 48-33-90, 48-34-20, 48-34-30, 48-36-30, 48-37-20, 48-37-40, 48-37-60, 49-29-160, 50-1-200, 50-2-50, 50-11-950, 51-1-60, 56-5-4715, 57-23-120, 57-25-490, 57-25-700, SO AS TO CREATE THE DIVISION OF FORESTRY WITHIN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND ABOLISH THE STATE FORESTRY COMMISSION OR CONFORM SUCH PROVISIONS IN REGARD TO THE NEW DIVISION OF FORESTRY; TO RESTRUCTURE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SO AS TO ESTABLISH WITHIN THE DEPARTMENT THE DIVISION OF ADMINISTRATION; TO ESTABLISH THE DIVISION OF HEALTH CARE FINANCING, AND TO PLACE IN THIS

Printed Page 141 . . . . . Thursday, January 15, 2004

DIVISION THE ADMINISTRATION OF THE MEDICAID PROGRAM AND TO TRANSFER TO THIS DIVISION FUNDING FOR HEALTH SERVICES IN CERTAIN OTHER STATE AGENCIES AND THE ADMINISTRATION OF STATE HEALTH INSURANCE PLANS AND THE SCRIPTS PROGRAM; TO ESTABLISH THE DIVISION OF HEALTH SERVICES AND TO TRANSFER TO THIS DIVISION HEALTH PROGRAMS IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE OPERATION OF CERTAIN LONG-TERM CARE FACILITIES, THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF SPECIAL NEEDS AND DISABILITIES AND THE BABYNET PROGRAM; TO ESTABLISH THE DIVISION OF HUMAN SERVICES AND TO TRANSFER INTO THIS DIVISION THE DEPARTMENT OF SOCIAL SERVICES, THE ADMINISTRATION OF CHILD DEVELOPMENT AND SOCIAL SERVICES BLOCK GRANTS, THE OFFICE ON AGING, THE STATE AGING NETWORK, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE COMMISSION FOR THE BLIND, THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND, THE JOHN DE LA HOWE SCHOOL AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; TO ESTABLISH THE DIVISION OF ADVOCACY AND SERVICE COORDINATION AND TO TRANSFER INTO THIS DIVISION THE OFFICE FOR THE REVIEW OF FOSTER CARE OF CHILDREN, THE GUARDIAN AD LITEM PROGRAM, THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND MANAGED TREATMENT SERVICES, THE CHILDREN'S CASE RESOLUTION SYSTEM, CHILDCARE LICENSURE AND REGULATION, THE FIRST STEPS TO SCHOOL READINESS PROGRAM AND THE OMBUDSMAN PROGRAM; AMONG OTHER THINGS TO TRANSFER THE AUTHORITY OF CERTAIN STATE AND LOCAL BOARDS TO ENTITIES WITHIN THE DEPARTMENT AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, 2-13-240, 8-11-120, 13-1-1710, 15-78-60, 16-17-610, 17-24-40, 20-7-30, 20-7-85, 20-7-110, 20-7-121, 20-7-125, 20-4-160, 20-7-420, ARTICLE 7, CHAPTER 7, TITLE 20, SECTIONS 20-7-480 THROUGH 20-7-695, SUBARTICLES 1, 2, AND 3 OF ARTICLE 9, CHAPTER 7, TITLE 20, SECTIONS 20-7-736 THROUGH 20-7-775, 20-7-852, 20-7-854, 20-7-856, 20-7-873, 20-7-936 THROUGH 20-7-949, 20-7-952, 20-7-955, 20-7-956, 20-7-1070,

Printed Page 142 . . . . . Thursday, January 15, 2004

20-7-1134, 20-7-1295, 20-7-1315, 20-7-1322, 20-7-1440, 20-7-1450, 20-7-1547, 20-7-1564, 20-7-1572, 20-7-1574, SUBARTICLE 5, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1630 THROUGH 20-7-1645, 20-7-1650, 20-7-1670, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, SECTIONS 20-7-1900 THROUGH 20-7-1970, 20-7-2000 THROUGH 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2376, SUBARTICLES 1 AND 3, ARTICLE 13, CHAPTER 7, TITLE 20, 20-7-2230 THROUGH 20-7-2345, 20-7-2379, 20-7-2386, SUBARTICLES 7 AND 8, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2440 THROUGH 20-7-2660, SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, SECTIONS 20-7-2700 THROUGH 20-7-3098, ARTICLE 19 AND ARTICLE 22, CHAPTER 7, TITLE 20, 20-7-5610, 20-7-5660, ARTICLE 32, CHAPTER 7, TITLE 20, SECTIONS 20-7-9505 THROUGH 20-7-9575, ARTICLE 19, CHAPTER 13, TITLE 24, SECTIONS 24-13-1910 THROUGH 24-13-1950, SECTIONS 31-3-50, 38-55-530, 40-68-120, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, 41-27-230, 41-27-235, 41-27-260, 41-27-280, 41-27-360, 41-27-370, 41-27-390, ARTICLE 5, CHAPTER 27, TITLE 41, SECTIONS 41-29-10, 41-29-20, 41-29-30, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, 41-29-130, 41-29-140, 41-29-150, 41-29-160, 41-29-170, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-260, 41-29-270, 41-29-280, 41-29-290, 41-31-20, 41-31-30, 41-31-70, 41-31-90, 41-31-100, 41-31-120, 41-31-130, 41-31-140, 41-31-160, 41-31-170, ARTICLES 3, 5, 7, AND 9 OF CHAPTER 31, TITLE 41, SECTION 41-33-710, CHAPTER 42, TITLE 41, SECTIONS 42-1-40 AND 42-1-50, CHAPTER 1, TITLE 43, SECTIONS 43-1-10 THROUGH 43-1-240, 43-3-40, 43-3-60, 43-3-90, 43-3-100, 43-3-110, ARTICLE 1, CHAPTER 5, TITLE 43, SECTIONS 43-5-10 THROUGH 43-5-245, ARTICLE 3, CHAPTER 5, TITLE 43, SECTIONS 43-5-310 THROUGH 43-5-350, ARTICLE 5, CHAPTER 5, TITLE 43, SECTIONS 43-5-580 THROUGH 43-5-630, ARTICLE 7, CHAPTER 5, TITLE 43, SECTIONS 43-5-910 THROUGH 43-5-970, ARTICLE 9, CHAPTER 5, TITLE 43, SECTIONS 43-5-1105 THROUGH 43-5-1285, CHAPTER 21, TITLE 43, SECTIONS 43-21-10 THROUGH 43-21-190, CHAPTER 31, TITLE 43, SECTIONS 43-31-10 THROUGH 43-31-160, CHAPTER 25, TITLE 43, SECTION 43-33-340, 43-33-370, 43-35-10, 43-35-55, 43-35-310, SECTION 43-38-10 THROUGH 43-38-60, CHAPTER 1, TITLE 44, ARTICLE 1, CHAPTER 3, TITLE

Printed Page 143 . . . . . Thursday, January 15, 2004

44, ARTICLE 1, CHAPTER 4, TITLE 44, 44-4-130, SECTIONS 44-4-300 THROUGH 44-4-340, SECTIONS 44-4-500 THROUGH 44-4-570, 44-5-20, ARTICLES 1, 2, AND 3, CHAPTER 6, TITLE 44, SECTIONS 44-6-5 THROUGH 44-6-220, ARTICLE 3, CHAPTER 6, TITLE 44, SECTIONS 44-6-300 THROUGH 44-6-320, ARTICLE 4, CHAPTER 6, TITLE 44, SECTIONS 44-6-400 THROUGH 44-6-540, 44-6-720, 44-6-730, 44-7-77, 44-7-80, 44-7-84, 44-7-90, 44-7-130, 44-7-140, 44-7-150, 44-7-160, 44-7-170, 44-7-180, 44-7-190, SECTIONS 44-7-200 THROUGH 44-7-250, 44-7-260, 44-7-265, 44-7-270, 44-7-290, 44-7-300, 44-7-310, 44-7-315, 44-7-320, 44-7-330, 44-7-345, 44-7-360, 44-7-370, 44-7-510, 44-7-520, SECTIONS 44-7-530 THROUGH 44-7-580, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, ARTICLE 21, CHAPTER 7, TITLE 44, SECTIONS 44-7-2510 THROUGH 44-7-2610, 44-7-2940, 44-7-2950, CHAPTER 9, TITLE 44, SECTIONS 44-9-10 THROUGH 44-9-160, 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80, CHAPTER 13, TITLE 44, SECTIONS 44-13-10 THROUGH 44-13-70, CHAPTER 17, TITLE 44, SECTIONS 44-17-305 AND 44-17-410, SECTIONS 44-17-459 THROUGH 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20, 44-20-30, ARTICLE 3, CHAPTER 20, TITLE 44, SECTIONS 44-20-210 THROUGH 44-20-510, ARTICLE 5, CHAPTER 20, TITLE 44, SECTIONS 44-20-710 THROUGH 44-20-1000, ARTICLE 7, CHAPTER 20, TITLE 44, SECTIONS 44-20-1110 THROUGH 44-20-1170, CHAPTER 22, TITLE 44, SECTIONS 44-22-10 THROUGH 44-22-220, CHAPTER 23, TITLE 44, SECTIONS 44-23-10 THROUGH 44-23-1150, CHAPTER 26, TITLE 44, SECTIONS 44-26-10 THROUGH 44-26-220, CHAPTER 29, TITLE 44, SECTIONS 44-29-20 THROUGH 44-29-250, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, 44-30-380, ARTICLE 1, CHAPTER 31, TITLE 44, SECTIONS 44-31-10 THROUGH 44-31-30, ARTICLE 7 AND 9 OF CHAPTER 31, TITLE 44, SECTIONS 44-31-510 THROUGH 44-31-520, 44-31-610, CHAPTER 32, TITLE 44, SECTIONS 44-32-10 THROUGH 44-32-120, 44-33-10, CHAPTER 35, TITLE 44, SECTIONS 44-35-5 THROUGH 44-35-100, 44-36-20, 44-36-30, 44-36-50, 44-36-330, 44-36-520, CHAPTER 37, TITLE 44, SECTIONS 44-37-10 THROUGH 44-37-40, 44-38-30, 44-40-20, 44-40-30, 44-40-60, 44-41-10 44-41-20, 44-41-32, 44-41-37, 44-41-60, 44-41-70, 44-41-75, 44-41-340, 44-48-30, 44-48-30, 44-48-100, 44-48-110, 44-48-120, 44-48-130, CHAPTER 49, TITLE 44, SECTIONS 44-49-10 THROUGH 44-49-80, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-

Printed Page 144 . . . . . Thursday, January 15, 2004

280, SECTIONS 44-53-290 THROUGH 44-53-360, 44-53-395, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, 44-53-560, ARTICLES 4 AND 5, CHAPTER 53, TITLE 44, SECTIONS 44-53-610 THROUGH 44-53-760, 44-53-930, 44-53-1320, SECTIONS 44-53-1360 THROUGH 44-53-1390, SECTIONS 44-53-1430, 44-56-410, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-80, 44-63-84, 44-63-86, 44-63-110, 44-63-160, 44-63-161, CHAPTER 69, TITLE 44, SECTIONS 44-69-10 THROUGH 44-69-100, CHAPTER 71, TITLE 44, SECTIONS 44-71-10 THROUGH 44-71-110, 44-74-50, 44-74-60, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-78-15, 44-78-65, 44-81-30, 44-89-30, 44-89-40, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, SECTIONS 44-99-10 THROUGH 44-99-80, 44-113-20, 44-113-30, 44-113-50, 44-113-80, 44-115-130, 44-117-50, 44-125-20, CHAPTER 128, TITLE 44, SECTIONS 44-128-10 THROUGH 44-128-50, 46-43-40, 56-5-2990, 59-32-10, CHAPTER 47, TITLE 59, SECTIONS 59-42-10 THROUGH 59-47-130, CHAPTER 49, TITLE 59, SECTIONS 59-49-10 THROUGH 59-49-160, CHAPTER 51, TITLE 59, SECTIONS 59-51-10 THROUGH 59-51-50, 59-152-10; TO CREATE THE DIVISION OF ELECTIONS WITHIN THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLVE CERTAIN POWERS, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS AND TO AMEND SECTIONS 1-1-110, AS AMENDED, 1-1-120, 1-1-1210, AS AMENDED, 1-7-110, 1-9-30, 7-1-20, AS AMENDED, 7-3-20, 7-3-30, 7-3-40, 7-3-50, 7-3-60, 7-5-10, 7-5-35, 7-5-125, 7-5-155, 7-5-170, 7-5-180, 7-5-280, ALL AS AMENDED, 7-5-310, 7-5-330, 7-5-340, 7-5-470, 7-5-660, AS AMENDED, CHAPTER 7 OF TITLE 7, 7-9-10, 7-9-80, 7-9-100, AS AMENDED, 7-11-15, 7-11-20, BOTH AS AMENDED, 7-11-40, 7-11-50, AS AMENDED, 7-11-55, 7-11-70, 7-11-80, ALL AS AMENDED, 7-11-85, SECTION 16, ACT 253 OF 1992 (7-13-15), AS AMENDED, 7-13-50, 7-13-70, BOTH AS AMENDED, 7-13-72, 7-13-180, 7-13-310, 7-13-320, AS AMENDED, 7-13-325, AS AMENDED, 7-13-335, 7-13-340, 7-13-350, AS AMENDED, 7-13-351, 7-13-355, BOTH AS AMENDED, 7-13-420, 7-13-610, AS AMENDED, 7-13-611, 7-13-710, AS AMENDED, 7-13-1160, 7-13-1330, AS AMENDED, 7-13-1340, 7-13-1360, 7-13-1370, 7-13-1371, 7-13-1380, 7-13-1390, 7-13-1400, 7-13-1490, 7-13-1620, 7-13-1640, AS AMENDED, 7-13-2120, 7-15-10, AS AMENDED, 7-15-340, AS AMENDED, 7-15-385, AS AMENDED, 7-15-400, 7-15-460, 7-15-470, 7-17-90, 7-17-210, 7-17-220, AS AMENDED, 7-17-

Printed Page 145 . . . . . Thursday, January 15, 2004

330, 7-17-510, AS AMENDED, 7-17-530, 7-17-550, 7-17-570, 14-7-130, 14-7-150, 14-7-390, 14-25-155, ALL AS AMENDED, 22-2-30, 22-2-50, 33-56-20, AS AMENDED, 48-11-100, 56-1-90, AS AMENDED, 61-6-2010, AS AMENDED, SO AS TO AMEND THEM RESPECTIVELY TO CONFORM TO THE CREATION OF THE DEPARTMENT OF SECRETARY OF STATE AND DEVOLUTION OF POWER, DUTIES, AND RESPONSIBILITIES FROM THE STATE ELECTION COMMISSION TO THE DIVISION OF ELECTIONS; TO AMEND SECTION 1-3-120, RELATING TO VACANCIES IN THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-130, RELATING TO THE DISABILITY OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND SENATE PRESIDENT PRO TEMPORE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO THE PRESIDENT OF THE SENATE; TO AMEND SECTION 1-3-210, RELATING TO THE FILLING OF VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO REQUIRE THE GOVERNOR TO SUBMIT THE NAME OF AN INTERIM APPOINTEE WITHIN TEN DAYS OF THE APPOINTMENT, AND TO SUBMIT A FORMAL APPOINTMENT ON THE FIRST DAY OF THE NEXT ENSUING REGULAR SESSION; TO AMEND SECTION 1-3-220, RELATING TO APPOINTMENT OF CERTAIN OFFICERS, SO AS TO CLARIFY THAT THE GOVERNOR MAY FILL VACANCIES IN COUNTY OFFICES EXCEPT AS OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 1-9-30, RELATING TO DISABILITY OR UNAVAILABILITY OF THE GOVERNOR, SO AS TO CHANGE A REFERENCE OF SENATE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-11-425, RELATING TO THE EXEMPTION OF THE PRESIDENT PRO TEMPORE OF THE SENATE FROM THE REQUIREMENTS OF THE SECTION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-17-20, RELATING TO THE COMMITTEE ON INTERSTATE COOPERATION OF THE SENATE, SO AS TO REMOVE THE LIEUTENANT GOVERNOR FROM SERVICE ON THE COMMITTEE; TO AMEND SECTION 1-18-70, RELATING TO OCCUPATIONAL REGULATION AND LICENSING, SO AS

Printed Page 146 . . . . . Thursday, January 15, 2004

TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO CHANGE REFERENCES OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE OBSOLETE LANGUAGE AND TO PROVIDE FOR REPORTS BY DEPARTMENT AUTHORITIES TO THE GENERAL ASSEMBLY; TO AMEND SECTION 2-3-20, RELATING TO THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO DELETE A REFERENCE TO THE PRESIDENT PRO TEMPORE OF THE SENATE; TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR LEGISLATIVE DAYS FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DELETE A REFERENCE TO THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-3-75, RELATING TO THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR A PRESIDENT PRO TEMPORE OF THE SENATE EACH YEAR TO PRESIDE IN THE ABSENCE OF THE PRESIDENT; TO AMEND SECTION 2-3-90, RELATING TO A VACANCY IN THE OFFICE OF THE SENATE SERGEANT AT ARMS OR ASSISTANT SERGEANT AT ARMS WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE, RATHER THAN THE LIEUTENANT GOVERNOR, WOULD APPOINT SUCH AN OFFICER IN THE INTERIM; TO AMEND SECTION 2-3-105, RELATING TO THE DUTIES OF SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-3-130, RELATING TO THE APPOINTMENT OF OFFICERS AND EMPLOYEES OF THE SENATE, SO AS TO CHANGE A REFERENCE OF PRESIDING OFFICER OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-15-10, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL VACANCIES; TO AMEND SECTION 2-15-60,

Printed Page 147 . . . . . Thursday, January 15, 2004

RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-90, RELATING TO THE ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE, AND TO ADD A REFERENCE OF PRESIDENT OF THE SENATE; TO AMEND SECTION 2-17-100, RELATING TO THE PROHIBITION AGAINST PUBLIC OFFICIALS AND EMPLOYEES FROM RECEIVING COMPENSATION FOR SPEAKING BEFORE OUT-OF-STATE AUDIENCES, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-19-10, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-41-70, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-59-10, RELATING TO THE SENATE OPERATIONS AND MANAGEMENT COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-20, RELATING TO THE REQUESTS BY JOINT STUDY COMMITTEES THAT SUBPOENAS AND SUBPOENAS DUCES TECUM BE ISSUED, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 2-69-40, RELATING TO THE CONDITIONS UPON ISSUANCE OF SUBPOENAS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO ADD CHAPTER 70 TO TITLE 2, SO AS TO PROVIDE FOR PERIODIC AGENCY AND DEPARTMENT REVIEW BY THE STANDING COMMITTEES OF THE SENATE; TO AMEND SECTION 2-75-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 6-4-35, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO CHANGE A REFERENCE OF

Printed Page 148 . . . . . Thursday, January 15, 2004

PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 7-5-10, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE FOR APPOINTMENTS WHEN THE SENATE IS NOT IN SESSION; TO AMEND SECTION 7-11-30, RELATING TO THE CONVENTION NOMINATION OF CANDIDATES, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 7-17-10, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 8-13-540, RELATING TO HEARINGS BY THE SENATE ETHICS COMMITTEE, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 8-13-715, RELATING TO OUT-OF-STATE SPEAKING ENGAGEMENT EXPENSES FOR PUBLIC OFFICIALS, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 9-16-90, RELATING TO RETIREMENT SYSTEMS FUNDS, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 10-1-40, RELATING TO THE STATE HOUSE COMMITTEE, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 11-43-140, RELATING TO THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-3-40, RELATING TO VACANCIES ON THE SUPREME COURT, SO AS TO PROVIDE THAT, FOR A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-5-160, RELATING TO ASSIGNMENT OF CIRCUIT COURT JUDGES TO FILL VACANCIES, SO AS TO PROVIDE THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO FILL A VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR MUST BE MADE WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 14-8-60, RELATING TO VACANCIES ON THE COURT

Printed Page 149 . . . . . Thursday, January 15, 2004

OF APPEALS, SO AS TO PROVIDE THAT FOR VACANCIES WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD BY THE SENATE AND HOUSE OF REPRESENTATIVES IN JOINT ASSEMBLY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-30, RELATING TO THE EX OFFICIO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-40, RELATING TO TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 14-27-80, RELATING TO THE DUTIES OF CERTAIN MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO CHANGE A REFERENCE OF LIEUTENANT GOVERNOR TO PRESIDENT OF THE SENATE; TO AMEND SECTION 20-7-1370, RELATING TO QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT, FOR ANY VACANCY WHERE THE UNEXPIRED TERM DOES NOT EXCEED ONE YEAR, THE VACANCY MAY BE FILLED BY APPOINTMENT OF THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 20-7-9710, RELATING TO THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 24-21-10, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO MAKE A CLARIFYING CHANGE; TO AMEND SECTION 24-22-150, RELATING TO THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 37-6-502, RELATING TO MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A VACANCY IN ONE OF THE SEATS ELECTED BY THE GENERAL ASSEMBLY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD; TO AMEND

Printed Page 150 . . . . . Thursday, January 15, 2004

SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT, FOR ANY VACANCY OCCURRING WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, THE VACANCY MAY BE FILLED BY APPOINTMENT BY THE GOVERNOR UNTIL AN ELECTION CAN BE HELD BY THE GENERAL ASSEMBLY TO FILL THE UNEXPIRED TERM; TO AMEND SECTION 44-128-50, RELATING TO THE YOUTH SMOKING PREVENTION ADVISORY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 48-59-40, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK BOARD MEMBERSHIP, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-13-720, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-40, RELATING TO THE WAR BETWEEN THE STATES HERITAGE TRUST COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-18-115, RELATING TO THE WAR BETWEEN THE STATES HERITAGE PRESERVE TRUST FUND, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 51-19-10, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE THAT VACANCIES OF CERTAIN MEMBERS MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 54-7-100, RELATING TO THE MEMBERSHIP OF THE HUNLEY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-20, RELATING TO MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE UNTIL AN ELECTION CAN BE HELD TO ELECT A SUCCESSOR; TO AMEND SECTION 58-3-26, RELATING TO THE

Printed Page 151 . . . . . Thursday, January 15, 2004

JOINT COMMITTEE TO CONSIDER THE QUALIFICATIONS OF CANDIDATES TO THE PUBLIC SERVICE COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 58-3-30, RELATING TO VACANCIES ON THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 58-9-2220, RELATING TO THE JOINT TELECOMMUNICATIONS STUDY COMMITTEE, SO AS TO CHANGE A REFERENCE OF THE PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-6-10, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-40, RELATING TO THE MEMBERSHIP OF THE BOARD OF THE LOTTERY COMMISSION, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-320, RELATING TO REPORTS SUBMITTED BY THE LOTTERY COMMISSION, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-150-325, RELATING TO MEMBERSHIP OF THE EDUCATION LOTTERY OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; TO AMEND SECTION 59-152-160, RELATING TO THE EVALUATION OF PROGRESS OF THE FIRST STEPS TO SCHOOL READINESS PROGRAM, SO AS TO CHANGE A REFERENCE OF PRESIDENT PRO TEMPORE OF THE SENATE TO PRESIDENT OF THE SENATE; AND TO REPEAL SECTIONS 14-5-170, 14-5-200, AND 14-5-220, RELATING TO THE APPOINTMENT AND COMPENSATION OF A SPECIAL JUDGE TO FILL A VACANCY.
l:\council\bills\dka\3680sd04.doc

Senators McCONNELL and MOORE spoke on the Bill.

Motion Adopted

On motion of Senator KNOTTS, with unanimous consent, the deadline for adding co-sponsors to S. 840 and S. 841 was extended ten days until Thursday, January 29, 2004, without having to ask unanimous consent.


Printed Page 152 . . . . . Thursday, January 15, 2004

Senator COURSON spoke on the Bill.

Senator RITCHIE spoke on the Bill.

Remarks by Senator RITCHIE

Thank you, Mr. PRESIDENT.

I just want to speak for a moment as a member of the subcommittee that worked on this. I also want to extend our thanks to Legislative Council. They, like the Judiciary staff, worked extensive hours, especially in the last week or so, to put this together. I know we all want to thank Legislative Council.

I want to speak just briefly on two points: the larger questions involved in restructuring and also this body as taking the initiative on this. This is an ambitious and historic proposal, and it's one worthy of this body, to deliver to the people of South Carolina for their consideration.

When looking at this issue, some of my conservative friends may recall Edmund Burke, who held, "When it is not necessary to change, it is necessary not to change." But I suggest to you, this is not that time. Some of my liberal friends might say, "Well, this might be the return of big government." But it is not that time.

This is the beginning of smart government in this State. That is the time that is before us now -- government that is more agile -- government that is more responsive, that's more accountable and less costly. It will be more accountable to the people. It will combine modern technology and world-class service. It will make South Carolina more competitive, more able to navigate through a fast-changing world and create more opportunity with more confidence.

This Bill has broad bipartisan support, and I believe it's because it takes us out of the raise-taxes, or cut-spending and cut-services debate and into a new model. By demonstrating the courage to modernize government and the humility to give the people the chance to decide that their style of government, we will transcend old politics.

The men and women who are honored on the walls of this Chamber were not timid, they were not followers and they did not fear to act boldly. They led and they speak to us today, those who serve in this


Printed Page 153 . . . . . Thursday, January 15, 2004

Senate, to honor their legacy by embracing this initiative and setting South Carolinians on a course for a brighter future that all of us can be proud of in the decades ahead.

Thank you.

On motion of Senator COURSON, with unanimous consent, Senator RITCHIE's remarks were ordered printed in the Journal.

Senator HAWKINS spoke on the Bill.

Senator RICHARDSON spoke on the Bill.

Senator KNOTTS spoke on the Bill.

ACTING PRESIDENT PRESIDES

At 12:07 P.M., Senator MARTIN assumed the Chair.

Senator KNOTTS resumed speaking on the Bill.

Senator BRANTON spoke on the Bill.

PRESIDENT PRESIDES

At 12:12 P.M., the PRESIDENT assumed the Chair.

Senator BRANTON continued speaking on the Bill.

Senator GROOMS spoke on the Bill.

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

S. 842 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-36-200 SO AS TO CREATE A FRIVOLOUS LAWSUIT DATABASE TO BE MAINTAINED BY SOUTH CAROLINA COURT ADMINISTRATION AND TO DIRECT COURT ADMINISTRATION TO CREATE A SUMMARY OF RULE 11 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AND THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT TO BE PROVIDED TO EACH PLAINTIFF AND DEFENDANT IN A CIVIL LAWSUIT.
l:\council\bills\ms\7060ahb04.doc

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

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan,


Printed Page 154 . . . . . Thursday, January 15, 2004

Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

H. 4508 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN LAURENS COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

H. 4541 (Word version) -- Reps. Lourie, Cotty, Harrison, Bales, J. Brown, J. H. Neal and Scott: A CONCURRENT RESOLUTION TO CONGRATULATE REVEREND JOHN RICHARD "DICK" LINCOLN ON HIS OUTSTANDING LEADERSHIP AND EXTRAORDINARY MINISTRY THROUGHOUT HIS TWENTY-FIVE YEARS AS PASTOR OF SHANDON BAPTIST CHURCH AND TO EXTEND BEST WISHES TO REVEREND LINCOLN IN ALL OF HIS FUTURE ENDEAVORS.


Printed Page 155 . . . . . Thursday, January 15, 2004

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

H. 4555 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ANTHONY A. MCCALLUM, PASTOR OF BETHLEHEM BAPTIST CHURCH IN COLUMBIA, FOR HIS OUTSTANDING LEADERSHIP OF BETHLEHEM BAPTIST ON THE SECOND ANNIVERSARY OF HIS BECOMING PASTOR AND FOR HIS WONDERFUL CONTRIBUTIONS TO OTHER MINISTRIES AND ENDEAVORS IN THIS STATE.

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

H. 4558 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE PEARL FRYAR FOR HIS TALENTS AND SKILLS IN TOPIARY ART AND HIS DEDICATION AND COMMITMENT TO THE COMMUNITY OF BISHOPVILLE AND THE STATE OF SOUTH CAROLINA.

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


Printed Page 156 . . . . . Thursday, January 15, 2004

REPORT OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations polled out S. 809 favorable:

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

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 spoke on the Resolution.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 157 . . . . . Thursday, January 15, 2004

BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.
asks for a Committee of Conference, and has appointed Reps. Ceips, Lourie, and Owens to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.


Printed Page 158 . . . . . Thursday, January 15, 2004

asks for a Committee of Conference, and has appointed Reps. Dantzler, Snow, and Frye to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House

Received as information.

H. 4268--SENATE ENROLLED FOR RATIFICATION

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.

The Report of the Committee of Conference having been adopted by both Houses, the Senate ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR


Printed Page 159 . . . . . Thursday, January 15, 2004

MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.
and has ordered the Bill enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R131, H. 4176 by a vote of 1 to 0:
(R131, H4176 (Word version)) -- Rep. Anthony: AN ACT TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 160 . . . . . Thursday, January 15, 2004

VETO OVERRIDDEN

(R131, H4176 (Word version)) -- Rep. Anthony: AN ACT TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.

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

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

Total--45

NAYS

Total--0


Printed Page 161 . . . . . Thursday, January 15, 2004

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

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R144, S. 521 by a vote of 5 to 0:
(R144, S521 (Word version)) -- Senator Knotts: AN ACT 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.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R153, S. 727 by a vote of 2 to 0:
(R153, S727 (Word version)) -- Senator Land: 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 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.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 162 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R154, H. 3052 by a vote of 0 to 80:
(R154, H3052 (Word version)) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: AN ACT TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY, HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-25-20, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS; BY ADDING SECTION 56-5-5635 SO AS TO PROVIDE THE PROCEDURE THAT A VEHICLE WHICH HAS BEEN TOWED UNDER THE DIRECTION OF A LAW ENFORCEMENT OFFICER MUST BE STORED AND DISPOSED OF; TO AMEND SECTION 16-11-760, RELATING TO PARKING A VEHICLE ON PRIVATE PROPERTY WITHOUT PERMISSION, THE REMOVAL OF CERTAIN VEHICLES, LIENS PLACED ON CERTAIN VEHICLES, AND THE SALE OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT A COMMERCIAL PROPERTY OWNER MUST POST A NOTICE ON THE BORDERS OF HIS PROPERTY THAT PROHIBITS PARKING IF HE WANTS PARKING OF A VEHICLE TO BE ILLEGAL ON HIS PROPERTY, TO PROVIDE THAT CERTAIN COSTS ASSOCIATED WITH THE TOWING OF A VEHICLE ARE THE


Printed Page 163 . . . . . Thursday, January 15, 2004

RESPONSIBILITY OF ITS REGISTER OWNER OR LIENHOLDER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE SALE OF CERTAIN VEHICLES THAT ARE NOT CLAIMED BY THEIR OWNERS, LIENHOLDERS, OR THEIR AGENTS; TO AMEND SECTION 29-15-10, RELATING TO REPAIR AND STORAGE LIENS, SO AS TO PROVIDE WHEN CERTAIN STORAGE COSTS MAY BE CHARGED AND RECOVERED; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE CERTAIN LAW ENFORCEMENT AGENCIES MUST GIVE THE OWNER OF A VEHICLE WHICH THEY HAVE DIRECTED TO BE TOWED, AND TO PROVIDE THAT CERTAIN PENALTIES CONTAINED IN THIS SECTION DO NOT APPLY TO CERTAIN LIENHOLDERS, OR OWNERS, TO PROVIDE A DEFINITION FOR THE TERM "VEHICLE", TO PROVIDE THAT STORAGE COSTS FOR CERTAIN VEHICLES MUST NOT EXCEED SIXTY DAYS, TO DEFINE THE TERM "NOTIFICATION", TO REVISE THE CONTENT OF A NOTICE CONTAINED IN THIS SECTION, TO PROVIDE WHEN STORAGE COSTS ACCRUE AND MAY BE RECOVERED, TO REVISE THE CIRCUMSTANCES WHEN A LIENHOLDER OR OWNER OF A VEHICLE IS NOT SUBJECT TO A PENALTY UNDER THIS SECTION, AND TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT REQUESTED THAT A VEHICLE BE TOWED MUST PROVIDE THE TOWING COMPANY CERTAIN INFORMATION; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN UNCLAIMED VEHICLES, SO AS TO REVISE THE PROCEDURE FOR SELLING ABANDONED VEHICLES; TO REPEAL SECTION 56-5-2522 RELATING TO THE TOWING, STORAGE, AND DISPOSAL OF CERTAIN VEHICLES; AND BY ADDING ARTICLE 4, CHAPTER 15, TITLE 56 SO AS TO PROVIDE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING PROCEDURES.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 164 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 28 to 77:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #1     Part 1A, Section 5N, Technical and Comprehensive

Education Board, page 67, Motorcycle Safety Program,

$118,675
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 0 to 97:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #2     Part 1A, Section 56C, Governor's Office - Executive

Policy & Programs, page 240, Poet Laureate, $1,200
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 18 to 80:


Printed Page 165 . . . . . Thursday, January 15, 2004

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #3     Part 1A, Section 56C, Governor's Office - Executive

Policy & Programs, page 240, Litter Control, $321,949
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 31 to 77:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #8     Part 1B, Section 8.40, Department of Health and Human

Services, page 327, DHHS: Medication Exemptions
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 4 to 99:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #9     Part 1B, Section 8.47, Department of Health and Human

Services, page 328, DHHS: SCRIPTS: Prescription

Savings
Very respectfully,
Speaker

Received as information.


Printed Page 166 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 8 to 92:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #11     Part 1B, Section 19.9, State Museum, page 344, MUSM:

Foundation Office Rent
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 22 to 79:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #12     Part 1B, Section 19.10, State Museum, page 344, MUSM:

Admissions Tax Exemption
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 8 to 85:


Printed Page 167 . . . . . Thursday, January 15, 2004

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #13     Part 1B, Section 22.6, Department of Agriculture, page

346, AGRI: Commissioners' Funding
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 1 to 95:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #15     Part 1B, Section 36.27, Department of Public Safety, pages

364-365, DPS: Ten Year Driver's License
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 1 to 98:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #17     Part 1B, Section 63.40, page 400, BCB: Capitol Complex

Rent Exemption
Very respectfully,
Speaker

Received as information.


Printed Page 168 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 1 to 97:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #18     Part 1B, Section 63.47, page 401, BCB: McEachern

Parking Facility
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 0 to 90:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #19     Part 1B, Section 64.14, Department of Revenue, page 405,

DOR: County Allocation Adjustments
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 3 to 90:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #20     Part 1B, Section 73.2, Statewide Funding Requirements, pages 428-430, relating to transfers from subfunds and restricted


Printed Page 169 . . . . . Thursday, January 15, 2004

accounts to the general fund, and the appropriation of such funds from the general fund:
Transfers to the general fund on page 428:
E16-State Treasurer's Office: $617 from Subfund 4066 Disaster Trust Fund
E16-State Treasurer's Office: $1,086 from Subfund 4732 General Ser Ds - Ins Res Fund
E16-State Treasurer's Office: $1,780 from Subfund 4895 Confiscated Cash
E23-Commission on Indigent Defense: $47,374 from Subfund 4313 Indigent Def Services Fund
F03-Budget and Control Board: $451 from Subfund 4153 Funded Debt-Sinking Fund
F03-Budget and Control Board: $12,142 from Subfund 4154 Ordinary Sinking Fund
F03-Budget and Control Board: $33,306 from Subfund 4202 State Life & Ltd.
F03-Budget and Control Board: $295,431 from Subfund 4343 SC Infrastructure Loan Fund
J04-Dept. of Health & Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund
Transfers to the general fund on pages 428-429:
J04-Dept. of Health & Environmental Control: $84,335 from Subfund 4546 Petroleum Fund
Transfers to the general fund on page 429:
J04-Dept. of Health & Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd
J04-Dept. of Health & Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund
J04-Dept. of Health & Environmental Control: $9,210 from Subfund 4971 Infectious Waste Contingency Fd
J04-Dept. of Health & Environmental Control: $468,008 from Subfund 4984 SUPERB Account
K05-Dept. of Public Safety: $23,641 from Subfund 4547 Uninsured Enforcement Fund
P24-Dept. of Natural Resources: $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd
P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas
P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund

Printed Page 170 . . . . . Thursday, January 15, 2004

P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund
P28-Dept. of Parks, Recreation & Tourism: $124,859 from Subfund 4126 PRT Development Fund
P28-Dept. of Parks, Recreation & Tourism: $82,176 from Subfund 4278 Recreation Land Trust
R12-State Accident Fund: $3,200 from Subfund 4168 Escrow Funds
Y08-Public Railways Commission: $13,046 from Subfund 4816 Capital Improvement
Appropriations from the general fund on page 429
H03-Commission on Higher Education: Leadership Center Annualization $50,000
H03-Commission on Higher Education: Lottery Scholarship Administration $100,000
Appropriations from the general fund on page 430
F30-Budget and Control Board, Employee Benefits: Non-recurring Employee Benefits Operating Expenses $2,000,000
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 55 to 53:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #21     L12 - John De La Howe School: Operating Expenses,

$150,000
Very respectfully,
Speaker

Received as information.


Printed Page 171 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 23 to 72:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #21         Part 1B, Section 73.2, Statewide Funding

Requirements, page 430, relating to appropriations of

funds that are contingent upon receiving more than $5

million in abandoned property from the demutualiza-               tion of insurance companies

A17-Legislative Printing & Information Technology

Systems: Licenses $500,000

F03-Budget and Control Board: $2,000,000 for

Operating Expenses

H71-Wil Lou Gray Opportunity School: Operating

Expenses $117,657

K05-Department of Public Safety: Operating

Expenses $1,000,000

L04-Department of Social Services: $2,300,000 for

Operating Expenses for Child and Adult Services

N12-Department of Juvenile Justice: $500,000 for

Operating Expenses

P24-Department of Natural Resources: Operating

Expenses $1,000,000
Very respectfully,
Speaker

Received as information.


Printed Page 172 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 11 to 91:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #22         Part 1B, Section 73.2, Statewide Funding

Requirements, page 430, relating to appropriations of

funds that are contingent upon receiving more than $5

million in abandoned property from the

demutualization of insurance companies:

Any additional revenues realized from demutualiza-

tion shall be used to fund the State Employee Health

Plan
Very respectfully,
Speaker

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R127, H. 3749 (Word version) (The General Appropriation Bill) by a vote of 35 to 62:

H. 3749 -- GENERAL APPROPRIATION BILL
Veto #4     Part 1A, Section 56C, Governor's Office - Executive

Policy & Programs, Item III.A.3., page 243, Commission

on Women, $99,955
Very respectfully,
Speaker

Received as information.


Printed Page 173 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R178, H. 4269 by a vote of 4 to 0:
(R178, H4269 (Word version)) -- Reps. Cobb-Hunter, Ott and Rhoad: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ALLENDALE COUNTY SCHOOL DISTRICT, BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO, BARNWELL COUNTY SCHOOL DISTRICTS NINETEEN, TWENTY-NINE, AND FORTY-FIVE, CALHOUN COUNTY SCHOOL DISTRICT, HAMPTON COUNTY SCHOOL DISTRICTS ONE AND TWO, AND ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R178, H4269 (Word version)) -- Reps. Cobb-Hunter, Ott and Rhoad: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ALLENDALE COUNTY SCHOOL DISTRICT, BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO, BARNWELL COUNTY SCHOOL DISTRICTS NINETEEN, TWENTY-NINE, AND FORTY-FIVE, CALHOUN COUNTY SCHOOL DISTRICT, HAMPTON COUNTY SCHOOL DISTRICTS ONE AND TWO, AND ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST


Printed Page 174 . . . . . Thursday, January 15, 2004

COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

Senator McCONNELL 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

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.


Printed Page 175 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R170, H. 3470 by a vote of 1 to 0:
(R170, H3470 (Word version)) -- Rep. Frye: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R170, H. 3470 (Word version)) -- Rep. Frye: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE MUST BE SET BY THE BOARD OF 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.

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

Senator McCONNELL 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:


Printed Page 176 . . . . . Thursday, January 15, 2004

Ayes 0; Nays 45

AYES

Total--0

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R169, H. 3465 by a vote of 4 to 0:
(R169, H3465 (Word version)) -- Reps. Pinson, Parks, M.A. Pitts, Duncan, Taylor and Anthony: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY,


Printed Page 177 . . . . . Thursday, January 15, 2004

SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R169, H3465 (Word version)) -- Reps. Pinson, Parks, M.A. Pitts, Duncan, Taylor and Anthony: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR 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.

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

Senator McCONNELL 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:


Printed Page 178 . . . . . Thursday, January 15, 2004

Ayes 0; Nays 45

AYES

Total--0

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.

Message from the House

Columbia, S.C., January 15, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R164, H. 3385 by a vote of 3 to 0:
(R164, H3385 (Word version)) -- Reps. Sheheen and Cotty: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF


Printed Page 179 . . . . . Thursday, January 15, 2004

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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R164, H3385 (Word version)) -- Reps. Sheheen and Cotty: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF 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.

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

Senator McCONNELL 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

NAYS

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

Printed Page 180 . . . . . Thursday, January 15, 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

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R161, H. 3281 by a vote of 1 to 0:
(R161, H3281 (Word version)) -- Rep. Townsend: 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 NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R161, H3281 (Word version)) -- Rep. Townsend: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM


Printed Page 181 . . . . . Thursday, January 15, 2004

OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF 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.

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

Senator McCONNELL 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

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


Printed Page 182 . . . . . Thursday, January 15, 2004

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R160, H. 3257 by a vote of 12 to 0:
(R160, H3257 (Word version)) -- Reps. Lourie, J.E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J.H. Neal and Rutherford: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO, LEXINGTON COUNTY SCHOOL DISTRICTS ONE, TWO, THREE, AND FOUR, AND LEXINGTON/RICHLAND SCHOOL DISTRICT FIVE, AND YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R160, H3257 (Word version)) -- Reps. Lourie, J.E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J.H. Neal and Rutherford: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO, LEXINGTON COUNTY SCHOOL DISTRICTS ONE, TWO, THREE, AND FOUR, AND LEXINGTON/RICHLAND SCHOOL DISTRICT FIVE, AND YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF


Printed Page 183 . . . . . Thursday, January 15, 2004

TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR 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.

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

Senator McCONNELL 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

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


Printed Page 184 . . . . . Thursday, January 15, 2004

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R159, H. 3255 by a vote of 6 to 0:
(R159, H3255 (Word version)) -- Rep. J.R. Smith: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF AIKEN COUNTY, EDGEFIELD COUNTY, AND McCORMICK COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICTS 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R159, H3255 (Word version)) -- Rep. J.R. Smith: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF AIKEN COUNTY, EDGEFIELD COUNTY, AND McCORMICK COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICTS 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.

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

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


Printed Page 185 . . . . . Thursday, January 15, 2004

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

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R158, H. 3254 by a vote of 2 to 0:


Printed Page 186 . . . . . Thursday, January 15, 2004

(R158, H3254 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R158, H3254 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL DISTRICT IN THEIR 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.

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

Senator McCONNELL 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 187 . . . . . Thursday, January 15, 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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R128, H. 3806 by a vote of 3 to 0:
(R128, H3806 (Word version)) -- Reps. Neilson, Lucas and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF 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.


Printed Page 188 . . . . . Thursday, January 15, 2004

Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R128, H3806 (Word version)) -- Reps. Neilson, Lucas and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF 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.

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

Senator McCONNELL 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

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

Printed Page 189 . . . . . Thursday, January 15, 2004

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.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R181, H. 4285 by a vote of 1 to 0:
(R181, H4285 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R181, H4285 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS


Printed Page 190 . . . . . Thursday, January 15, 2004

OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

Senator McCONNELL 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

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.


Printed Page 191 . . . . . Thursday, January 15, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R179, H. 4270 by a vote of 5 to 0:
(R179, H4270 (Word version)) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT, FAIRFIELD COUNTY SCHOOL DISTRICT, FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY, AND UNION COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR 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.
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R179, H4270 (Word version)) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT, FAIRFIELD COUNTY SCHOOL DISTRICT, FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY, AND UNION COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS IN THEIR 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.

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


Printed Page 192 . . . . . Thursday, January 15, 2004

Senator McCONNELL 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

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.

HOUSE CONCURRENCES

S. 744 (Word version) -- Senators Kuhn, McConnell, Malloy, Ryberg, Land, Fair, Peeler, Mescher, Branton, Drummond, Hayes, Grooms, Alexander, Knotts, Hawkins, J. Verne Smith, Waldrep, Leatherman, Cromer,


Printed Page 193 . . . . . Thursday, January 15, 2004

O'Dell, Courson, Setzler, Moore, Matthews, Hutto, Martin, Ravenel and Ritchie: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROVIDE THAT ALL FUNDING OF THE MEDICAID PROGRAM SHALL BE PROVIDED BY THE FEDERAL GOVERNMENT, AND TO ELIMINATE THE REQUIREMENT THAT THE STATES PROVIDE MATCHING FUNDS IN ORDER TO RECEIVE CERTAIN TYPES OF FEDERAL FUNDS TO BE USED FOR MEDICAID PURPOSES.

Returned with concurrence.

Received as information.

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 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,


Printed Page 194 . . . . . Thursday, January 15, 2004

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 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

Printed Page 195 . . . . . Thursday, January 15, 2004

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 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.

Printed Page 196 . . . . . Thursday, January 15, 2004

Returned with concurrence.

Received as information.

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

SECOND READING BILLS

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:

S. 829 (Word version) -- Senator McGill: A BILL TO PROVIDE THAT THE POWER TO LEVY THE ANNUAL MILLAGE NECESSARY TO FUND THE OPERATING AND CAPITAL EXPENSES OF WILLIAMSBURG COUNTY TECHNICAL EDUCATION COLLEGE IS TRANSFERRED FROM THE WILLIAMSBURG COUNTY SCHOOL BOARD OF TRUSTEES TO THE WILLIAMSBURG COUNTY COUNCIL AND TO REPEAL SECTION 7 OF ACT 632 OF 1980.

By prior motion of Senator McGILL

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.

By prior motion of Senator McGILL

RECOMMITTED

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.

Senator PEELER asked unanimous consent to recommit the Joint Resolution to the Medical Affairs Committee.

There was no objection.


Printed Page 197 . . . . . Thursday, January 15, 2004

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Capt. Kimberly Hampton, 27, of Easley, S.C., who was the first female pilot and the first South Carolina woman killed during the Iraq conflict.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 16, 2004, it stand adjourned to meet next Tuesday, January 20, 2004, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:44 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.