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


Printed Page 2059 . . . . . Wednesday, April 21, 2004

Wednesday, April 21, 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, in these latter days, hear St. Paul's words to the Galatians, Chapter 5:14:

"Serve one another, rather in works of love, since the whole of the Law is summarized in a single command: Love your neighbor as yourself."
Let us pray.

Father, we confess that it is so easy for us to pull away from that which we know to be Your will for us. We already know more of what Your will for us is, than we are willing to do. So our prayer is that You will help us to do, in fact, that which we already know we OUGHT to do.

Holy Week, 2004, is gone, but help us to remember Jesus in the Garden of Gethsemane, and how He struggled, under the shadow of the cross.

Then, assist us, in the deep hours of our life, to look in faith and pray: "Nevertheless, Father, not my will but Thine be done."
Amen!

Committee to Escort

The PRESIDENT appointed Senators REESE, RAVENEL, GREGORY, O'DELL and PATTERSON to escort the winners of the 2004 Jean Laney Harris Folk Heritage Awards, members of the advisory committee and members of their party to the House Chamber for the Joint Assembly.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.


Printed Page 2060 . . . . . Wednesday, April 21, 2004

JOINT ASSEMBLY
2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS
AND ELECTIONS

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2004, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.


Printed Page 2061 . . . . . Wednesday, April 21, 2004

The PRESIDENT appointed Senators REESE, RAVENEL, GREGORY, O'DELL and PATTERSON to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Lee, Miller, Emory, Townsend and Scott to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 2004 Jean Laney Harris Folk Heritage Award and the members of the 2004 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates honoring their respective talents.

The winners were announced as follows:

Mr. Ted Brackett from Inman, S.C., a traditional fiddler, was escorted by Senator REESE and Representative Lee;

Mr. Willie Dereef from Georgetown, a traditional boatbuilder, was escorted by Senator RAVENEL and Representative Miller;

Ms. Evelyn George from Rock Hill, a Catawba potter, was escorted by Senator GREGORY and Representative Emory;

Ms. Gale McKinley of Anderson, S.C., a split oak basketmaker, was escorted by Senator O'DELL and Representative Townsend; and,

Mr. Larry Klein from Columbia, S.C., an Advocate for bluegrass music, was escorted by Senator PATTERSON and Representative Scott.

Immediately following the presentations for the 2004 Jean Laney Harris Folk Heritage Awards, the Joint Assembly proceeded to the Elections of Successors to Boards of Trustees of State Colleges and Universities.

Election of Successors to Boards of Trustees
of State Colleges and Universities

The PRESIDENT announced that elections were in order to elect successors to Boards of Trustees of State Colleges and Universities.


Printed Page 2062 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for the
College of Charleston, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. L. Cherry Daniel and Mr. George E. Malanos had been screened and found qualified to serve.

On motion of Senator GIESE, the name of Mr. George E. Malanos was withdrawn from consideration.

On motion of Senator GIESE, the name of Ms. L. Cherry Daniel was placed in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Cherry Daniel was elected to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #4.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Joel H. Smith and Mr. G. Lee Mikell had been screened and found qualified to serve.

On motion of Senator GIESE, the names of Mr. Joel H. Smith and Mr. G. Lee Mikell were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Smith:

Anderson               Courson                Drummond
Elliott                Ford                   Giese
Glover                 Gregory                Hutto
Jackson                Land                   Malloy
Matthews               McGill                 Moore

Printed Page 2063 . . . . . Wednesday, April 21, 2004

Patterson              Pinckney               Rankin
Reese                  Sheheen                Short

Total--21

The following named Senators voted for Mr. Mikell:

Alexander              Branton                Cromer
Fair                   Grooms                 Hawkins
Hayes                  Leatherman             Martin
McConnell              Mescher                O'Dell
Peeler                 Ravenel                Richardson
Ritchie                Smith, J. Verne        Thomas
Verdin                 Waldrep

Total--20

On motion of Representative M. Thompson, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Smith:

Allen                  Anthony                Bales
Battle                 Bowers                 Branham
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Harvin
Hines, J.              Hines, M.              Howard
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Mack                   Martin                 McCraw
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
Sinclair               Smith, F.N.            Smith, J.E.
Thompson               Vaughn                 Weeks
Whipper                Wilkins                Witherspoon

Total--51


Printed Page 2064 . . . . . Wednesday, April 21, 2004

The following named Representatives voted for Mr. Mikell:

Altman                 Bailey                 Barfield
Bingham                Ceips                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Haskins                Herbkersman
Hinson                 Hosey                  Huggins
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McGee
Merrill                Owens                  Perry
Pinson                 Pitts, E.              Pitts, M.
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Skelton                Smith, D.C.            Smith, G.R.
Smith, J.R.            Snow                   Stewart
Stille                 Talley                 Taylor
Toole                  Tripp                  Trotter
Umphlett               Viers                  Walker
White                  Whitmire               Young

Total--63

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   114
Grand Total   155
Necessary to a choice   78
Of which Mr. Smith received   72
Of which Mr. Mikell received   83

Whereupon, the PRESIDENT announced that the Honorable G. Lee Mikell was elected to a position on the Board of Trustees for the College of Charleston from the 2nd Congressional District, Seat #4 for the term prescribed by law.


Printed Page 2065 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for the
College of Charleston, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. Philip Bell had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Philip Bell was elected to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lawrence R. Miller had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lawrence R. Miller was elected to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. W. Dwight Johnson


Printed Page 2066 . . . . . Wednesday, April 21, 2004

had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable W. Dwight Johnson was elected to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 6th Congressional District, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #11.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Demetria N. Clemons had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Demetria N. Clemons was elected to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #11 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #12.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Marie M. Land had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marie M. Land was elected to a position on the Board of Trustees for the


Printed Page 2067 . . . . . Wednesday, April 21, 2004

College of Charleston, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, At-Large position, Seat #14.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James F. Hightower had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James F. Hightower was elected to a position on the Board of Trustees for the College of Charleston, At-Large position, Seat #14 for the term prescribed by law.

Election to an At-Large Position
on the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to an At-Large position on the Board of Trustees for The Citadel.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William E. Jenkinson III and Mr. Tim Rush had been screened and found qualified to serve.

Senator GIESE placed the name of Mr. William E. Jenkinson in nomination.

On motion of Senator GIESE, with unanimous consent, the name of Mr. Tim Rush was withdrawn from consideration.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William E. Jenkinson was elected to a position on the Board of Trustees for The Citadel, At-Large position for the term prescribed by law.


Printed Page 2068 . . . . . Wednesday, April 21, 2004

Election to an At-Large Position
on the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to an At-Large position on the Board of Trustees for The Citadel.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Raymond G. Johnson, Mr. Buck Limehouse and Mr. Thomas McQueeny had been screened and found qualified to serve.

Senator GIESE placed the name of Mr. Buck Limehouse in nomination.

On motion of Senator GIESE, with unanimous consent, the names of Mr. Raymond G. Johnson and Mr. Thomas McQueeny were withdrawn from consideration.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Buck Limehouse was elected to a position on the Board of Trustees for The Citadel, At-Large position for the term prescribed by law.

Election to Three At-Large Positions
on the Board of Trustees for Clemson University

The PRESIDENT announced that nominations were in order to elect a successor to the three At-Large positions on the Board of Trustees for Clemson University.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Louis B. Lynn, Mr. William C. Smith, Jr. and Mr. Bob Peeler had been screened and found qualified to serve and placed their names in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Louis B. Lynn, the Honorable William C. Smith, Jr. and the Honorable Bob Peeler were elected to the three At-Large positions on the Board of Trustees for Clemson University for the terms prescribed by law.


Printed Page 2069 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for the
Francis Marion University, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 1st Congressional District, Seat #2.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Melissa Johnson Emery had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melissa Johnson Emery was elected to a position on the Board of Trustees for the Francis Marion University, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 2nd Congressional District, Seat #4.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Gail Ness Richardson had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gail Ness Richardson was elected to a position on the Board of Trustees for the Francis Marion University, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 3rd Congressional District, Seat #6.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Patricia C. Hartung


Printed Page 2070 . . . . . Wednesday, April 21, 2004

and Mr. Robert C. Figueira had been screened and found qualified to serve.

On motion of Senator GIESE, the names of Ms. Patricia C. Hartung and Mr. Robert C. Figueira were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Hartung:

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

Total--43

The following named Senators voted for Mr. Figueira:

Waldrep

Total--1

On motion of Representative M. Thompson, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Hartung:

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               Brown, G.              Brown, J.
Brown, R.              Ceips                  Chellis

Printed Page 2071 . . . . . Wednesday, April 21, 2004

Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 Quinn
Rhoad                  Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, G.R.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--113

The following named Representatives voted for Mr. Figueira:

Bailey                 Pitts, M.

Total--2


Printed Page 2072 . . . . . Wednesday, April 21, 2004

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   115
Grand Total   159
Necessary to a choice   80
Of which Ms. Hartung received   156
Of which Mr. Figueira received   3

Whereupon, the PRESIDENT announced that the Honorable Patricia C. Hartung was elected to a position on the the Board of Trustees for the Francis Marion University, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 4th Congressional District, Seat #8.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Alex Kiriakides, III had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alex Kiriakides, III was elected to a position on the Board of Trustees for the Francis Marion University, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 5th Congressional District, Seat #10.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George C. McIntyre had been screened and found qualified to serve and placed his name in nomination.


Printed Page 2073 . . . . . Wednesday, April 21, 2004

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George C. McIntyre was elected to a position on the Board of Trustees for the Francis Marion University, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 6th Congressional District, Seat #12.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William W. Coleman, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was elected to a position on the Board of Trustees for the Francis Marion University, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, At-Large position, Seat #14.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert W. Williams, Jr. and Mr. Thomas D. Cathcart had been screened and found qualified to serve.

Senator GIESE placed the name of Mr. Robert W. Williams, Jr. in nomination.

On motion of Senator GIESE, with unanimous consent, the name of Mr. Thomas D. Cathcart was withdrawn from consideration.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 2074 . . . . . Wednesday, April 21, 2004

Whereupon, the PRESIDENT announced that the Honorable Robert W. Williams, Jr. was elected to a position on the Board of Trustees for Francis Marion University, At-Large position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #2.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert A. Brimmer had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert A. Brimmer was elected to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #4.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George R. Starnes had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George R. Starnes was elected to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #4 for the term prescribed by law.


Printed Page 2075 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for
Lander University, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #6.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Finis Horne had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Finis Horne was elected to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #8.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Jack W. Lawrence had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jack W. Lawrence was elected to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #8 for the term prescribed by law.


Printed Page 2076 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for
Lander University, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #10.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. S. Anne Walker had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was elected to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #12.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. Thomas Kinard had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Thomas Kinard was elected to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, At-Large position, Seat #14.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Ann B. Bowen had


Printed Page 2077 . . . . . Wednesday, April 21, 2004

been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ann B. Bowen was elected to a position on the Board of Trustees for Lander University, At-Large position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
1st Congressional District, Non-Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 1st Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Melvyn Berlinsky had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melvyn Berlinsky was elected to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 1st Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
2nd Congressional District, Non-Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 2nd Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William H. Bingham, Sr. had been screened and found qualified to serve and placed his name in nomination.


Printed Page 2078 . . . . . Wednesday, April 21, 2004

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William H. Bingham, Sr. was elected to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 2nd Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
3rd Congressional District, Non-Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 3rd Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles W. Schulz had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles W. Schulz was elected to a non-medical position on the Board of Trustees for The Medical University of South Carolina University, 3rd Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
4th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina University, 4th Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Charles B. Thomas, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 2079 . . . . . Wednesday, April 21, 2004

Whereupon, the PRESIDENT announced that the Honorable Charles B. Thomas, Jr. was elected to a medical position on the Board of Trustees for the Medical University of South Carolina University, 4th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
5th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina University, 5th Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Cotesworth P. Fishburne, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cotesworth P. Fishburne, Jr. was elected to a medical position on the Board of Trustees for the Medical University of South Carolina University, 5th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina University
6th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina University, 6th Congressional District.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. E. Conyers O'Bryan, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Bryan, Jr. was elected to a medical position on the Board of


Printed Page 2080 . . . . . Wednesday, April 21, 2004

Trustees for the Medical University of South Carolina University, 6th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University
5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 5th Congressional District, Seat #5.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Linda Edwards had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Linda Edwards was elected to a position on the Board of Trustees for South Carolina State University, 5th Congressional District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, At-Large Position, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #11.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John Williams, Jr. and Mr. John T. Bowden had been screened and found qualified to serve.

Senator GIESE placed the names of Mr. John Williams, Jr. and Mr. John T. Bowden in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Williams:

Anderson               Branton                Cromer
Elliott                Fair                   Ford
Glover                 Hutto                  Knotts
Malloy                 McConnell              Mescher

Printed Page 2081 . . . . . Wednesday, April 21, 2004

O'Dell                 Patterson              Peeler
Rankin                 Ravenel                Reese
Ritchie                Ryberg                 Thomas
Verdin                 Waldrep

Total--23

The following named Senators voted for Mr. Bowden:

Alexander              Drummond               Giese
Gregory                Grooms                 Hawkins
Hayes                  Jackson                Land
Leatherman             Matthews               McGill
Moore                  Pinckney               Richardson
Setzler                Sheheen                Short

Total--18

On motion of Representative M. Thompson, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Williams:

Allen                  Altman                 Bales
Bingham                Branham                Breeland
Brown, J.              Brown, R.              Ceips
Clark                  Clyburn                Coates
Delleney               Duncan                 Edge
Frye                   Gilham                 Govan
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            Hines, M.
Hinson                 Hosey                  Jennings
Keegan                 Kirsh                  Koon
Limehouse              Lloyd                  Loftis
Martin                 Moody-Lawrence         Perry
Pitts, E.              Quinn                  Rutherford
Scarborough            Scott                  Skelton
Smith, F.N.            Stewart                Taylor
Viers                  Walker                 Wilkins
Young

Total--49


Printed Page 2082 . . . . . Wednesday, April 21, 2004

The following named Representatives voted for Mr. Bowden:

Anthony                Bailey                 Barfield
Bowers                 Brown, G.              Cato
Clemmons               Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Emory                  Freeman
Gourdine               Harvin                 Hayes
Hines, J.              Howard                 Huggins
Kennedy                Leach                  Lee
Littlejohn             Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Neal, J.H.             Neal, J.M.
Ott                    Pinson                 Pitts, M.
Rhoad                  Richardson             Rivers
Sandifer               Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, G.R.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Weeks                  Whipper                White
Whitmire               Witherspoon

Total--65

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   114
Grand Total   155
Necessary to a choice   78
Of which Mr. Williams received   72
Of which Mr. Bowden received   83

Whereupon, the PRESIDENT announced that the Honorable John T. Bowden was elected to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #11 for the term prescribed by law.


Printed Page 2083 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for
South Carolina State University, At-Large Position, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #12.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Brantley E. Evans, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Brantley E. Evans, Jr. was elected to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 2nd Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 2nd Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Miles Loadholt had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Miles Loadholt was elected to a position on the Board of Trustees for the University of South Carolina, 2nd Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 4th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 4th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Eugene P. Warr had


Printed Page 2084 . . . . . Wednesday, April 21, 2004

been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Eugene P. Warr was elected to a position on the Board of Trustees for the University of South Carolina, 4th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 6th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 6th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James Bradley had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James Bradley was elected to a position on the Board of Trustees for the University of South Carolina, 6th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 8th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 8th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Herbert C. Adams had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Herbert C. Adams was elected to a position on the Board of Trustees for the


Printed Page 2085 . . . . . Wednesday, April 21, 2004

University of South Carolina, 8th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 10th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert N. McLellan had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert N. McLellan was elected to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 14th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 14th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Helen C. Harvey and Mr. William W. Jones, Jr. had been screened and found qualified to serve.

On motion of Senator GIESE, the names of Mrs. Helen C. Harvey and Mr. William W. Jones, Jr. were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Harvey:

Anderson               Courson                Cromer
Drummond               Elliott                Ford
Glover                 Gregory                Grooms
Hayes                  Jackson                Land
Leventis               Malloy                 Martin

Printed Page 2086 . . . . . Wednesday, April 21, 2004

Matthews               McGill                 Moore
Patterson              Pinckney               Rankin
Ravenel                Reese                  Setzler
Sheheen                Smith, J. Verne

Total--26

The following named Senators voted for Mr. Jones:

Alexander              Branton                Fair
Giese                  Hawkins                Hutto
Knotts                 Leatherman             McConnell
Mescher                O'Dell                 Peeler
Richardson             Ritchie                Ryberg
Short                  Thomas                 Verdin
Waldrep

Total--19

On motion of Representative M. Thompson, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mrs. Harvey:

Allen                  Bales                  Branham
Brown, G.              Ceips                  Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Lee
Limehouse              Lourie                 Lucas
Mack                   Martin                 McCraw
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Sinclair
Smith, J.E.            Weeks                  Whipper

Total--42

The following named Representatives voted for Mr. Jones:

Altman                 Anthony                Bailey

Printed Page 2087 . . . . . Wednesday, April 21, 2004

Barfield               Battle                 Bingham
Brown, J.              Brown, R.              Cato
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hines, J.              Hinson                 Huggins
Keegan                 Koon                   Leach
Lloyd                  Loftis                 Mahaffey
McGee                  Merrill                Owens
Perry                  Pinson                 Pitts, E.
Pitts, M.              Quinn                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                Skelton
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, G.R.            Smith, J.R.            Smith, W.D.
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--75

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   117
Grand Total   162
Necessary to a choice   82
Of which Mrs. Harvey received   68
Of which Mr. Jones received   94

Whereupon, the PRESIDENT announced that the Honorable William W. Jones, Jr. was elected to a position on the Board of Trustees for the University of South Carolina, 14th Judicial Circuit for the term prescribed by law.


Printed Page 2088 . . . . . Wednesday, April 21, 2004

Election to the Board of Trustees for the
University of South Carolina, 15th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 15th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. M. Wayne Staton had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Wayne Staton was elected to a position on the Board of Trustees for the University of South Carolina, 15th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 16th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 16th Judicial Circuit.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Sam. R. Foster II had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Sam R. Foster II was elected to a position on the Board of Trustees for the University of South Carolina, 16th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order to elect successors to four At-Large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bryan England, Ms.


Printed Page 2089 . . . . . Wednesday, April 21, 2004

Wilhelmina McBride, Ms. Mary F. Newman and Ms. Suzanne Turner had been screened and found qualified to serve and placed their names in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Bryan England, the Honorable Wilhelmina McBride, the Honorable Mary F. Newman and the Honorable Suzanne Turner were elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions for the terms prescribed by law.

Election to the Board of Trustees for
Winthrop University, 2nd Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 2nd Congressional District, Seat #2.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Donna Tinsley had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Donna Tinsley was elected to a position on the Board of Trustees for Winthrop University, 2nd Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for
Winthrop University, 3rd Congressional District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 3rd Congressional District, Seat #3.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Janet R. Smalley had been screened and found qualified to serve and placed her name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 2090 . . . . . Wednesday, April 21, 2004

Whereupon, the PRESIDENT announced that the Honorable Janet R. Smalley was elected to a position on the Board of Trustees for Winthrop University, 3rd Congressional District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for
Winthrop University, 4th Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 4th Congressional District, Seat #4.

Senator GIESE, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Leland Cox had been screened and found qualified to serve and placed his name in nomination.

Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Leland Cox was elected to a position on the Board of Trustees for Winthrop University, 4th Congressional District, Seat #4 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 1:18 P.M., the Senate resumed.

RECESS

At 1:18 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:41 P.M. and was called to order by the PRESIDENT.

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


Printed Page 2091 . . . . . Wednesday, April 21, 2004

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2897
Agency: Department of Health and Environmental Control
SUBJECT: State Primary Drinking Water
Received by Lieutenant Governor April 21, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration August 19, 2004
(Subject to Sine Die Revision)

Leave of Absence

At 2:30 P.M., Senator RAVENEL requested a leave of absence beginning at 4:00 P.M. today and lasting until noon on Tuesday.

Leave of Absence

At 3:30 P.M., Senator ANDERSON requested a leave of absence beginning at 4:00 P.M. on Thursday, May 20, 2004, and lasting until 1:00 A.M. on Friday, May 21, 2004.

Leave of Absence

At 3:30 P.M., Senator ANDERSON requested a leave of absence beginning at 4:00 P.M. on Thursday, May 27, 2004, and lasting until 1:00 A.M. on Friday, May 27, 2004.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1180 (Word version) -- Senator Anderson: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THE SUNBELT HUMAN ADVANCEMENT RESOURCES (SHARE) ORGANIZATION FOR BEING CHARTER RECIPIENT OF THE AWARD FOR EXCELLENCE IN COMMUNITY ACTION FROM THE COMMUNITY ACTION PARTNERSHIP, A NETWORK OF OVER 1000 ANTI-POVERTY COMMUNITY ACTION AGENCIES NATIONWIDE.
l:\s-res\ra\004shar.mrh.doc

The Senate Resolution was adopted.


Printed Page 2092 . . . . . Wednesday, April 21, 2004

S. 1181 (Word version) -- Senators Mescher, Grooms, Land, McGill and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
l:\council\bills\gjk\21194sd04.doc

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

S. 1182 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFERENDUMS TO DETERMINE THE FORM OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT MEMBERS OF COUNTY COUNCILS MAY BE ELECTED ALL FROM SINGLE-MEMBER DISTRICTS, ALL FROM AT-LARGE DISTRICTS, OR WITH A MAJORITY FROM DEFINED SINGLE-MEMBER DISTRICTS AND THE REMAINING MEMBERS ELECTED AT LARGE AND TO SPECIFY THAT A REFERENDUM PROPOSING A CHANGE IN THE FORM OF GOVERNMENT OR METHOD OF ELECTION NEED NOT INCLUDE THE EXISTING FORM OR METHOD AS AN OPTION FOR VOTERS IF THE FORM OR METHOD HAS BEEN DECLARED UNLAWFUL BY A COURT OF COMPETENT JURISDICTION; AND TO AMEND SECTION 4-9-90, RELATING TO ELECTION OF COUNCIL MEMBERS, SO AS TO MAKE CONFORMING AND CLARIFYING CHANGES.
l:\s-jud\bills\mcconnell\jud0142.gfm.doc

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

S. 1183 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION


Printed Page 2093 . . . . . Wednesday, April 21, 2004

31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
l:\council\bills\ggs\22626htc04.doc

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

S. 1184 (Word version) -- Senators Matthews, Land, Hutto, Ravenel and Ford: A BILL TO AMEND SECTION 27-16-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF BINGO BY THE CATAWBA INDIAN TRIBE UNDER THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT AND THE TERMS AND CONDITIONS RELATING THERETO, SO AS TO ALSO PERMIT THE TRIBE TO CONDUCT CLASS II ELECTRONIC BINGO GAMING AT A SINGLE TRIBAL FACILITY LOCATED IN ORANGEBURG COUNTY AND TO REPEAL ANY RIGHT OF THE CATAWBA INDIAN TRIBE TO OPERATE VIDEO POKER AND SIMILAR ELECTRONIC PLAY DEVICES; TO AMEND CHAPTER 16 OF TITLE 27, RELATING TO THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT, BY ADDING SECTIONS 27-16-200 THROUGH 27-16-350 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE CATAWBA INDIAN TRIBE MAY DEVELOP AND OPERATE A CLASS II ELECTRONIC BINGO FACILITY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; BY ADDING SECTION 11-41-175 SO AS TO


Printed Page 2094 . . . . . Wednesday, April 21, 2004

PROVIDE THAT THE CLASS II ELECTRONIC BINGO FACILITY OF THE CATAWBA INDIAN TRIBE AUTHORIZED ABOVE IS NOT ELIGIBLE FOR FUNDS UNDER THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT; BY ADDING SECTION 12-8-2050 SO AS TO PROVIDE THAT THE CATAWBA INDIAN TRIBE AND ITS ELECTRONIC BINGO FACILITY OPERATION SHALL COMPLY WITH ALL APPLICABLE REPORTING AND WITHHOLDING REQUIREMENTS OF THE INTERNAL REVENUE SERVICE AND THE SOUTH CAROLINA DEPARTMENT OF REVENUE; BY ADDING SECTION 12-10-115 SO AS TO PROVIDE THAT THE CLASS II ELECTRONIC BINGO FACILITY AUTHORIZED ABOVE IS NOT ELIGIBLE FOR THE JOBS TAX CREDIT UNDER THE ENTERPRISE ZONE ACT OF 1995; BY ADDING SECTION 12-21-4285 SO AS TO PROVIDE THAT NOTHING IN EXISTING BINGO REGULATORY PROVISIONS OF LAW MAY BE DEEMED TO AUTHORIZE THE STATE TO IMPOSE ANY TAX, FEE, CHARGE, OR ASSESSMENT UPON THE CATAWBA INDIAN TRIBE AND ITS GAMING OPERATION EXCEPT FOR CHARGES EXPRESSLY AUTHORIZED PURSUANT TO CHAPTER 16 OF TITLE 27; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS INCLUDING A REQUIREMENT FOR RATIFYING FEDERAL LEGISLATION AND A REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE TRIBE FILE A CERTIFICATION WITH THE SECRETARY OF STATE THAT THE TRIBE HAS VOTED TO WAIVE AND DISCLAIM ANY RIGHT TO OPERATE VIDEO POKER DEVICES OR TO BRING LAWSUITS AGAINST THE STATE OF SOUTH CAROLINA ON THIS BASIS.
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Senator MATTHEWS spoke on the Bill.

Senator HAYES argued contra to the Bill.

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

S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT


Printed Page 2095 . . . . . Wednesday, April 21, 2004

NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1186 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1187 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA FORESTRY COMMISSION, RELATING TO THE GENERAL RULES AND REGULATIONS FOR HUNTING, FISHING, AND RECREATIONAL ACTIVITIES ON ALL SOUTH CAROLINA FORESTRY COMMISSION LANDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2841, PURSUANT TO THE PROVISIONS OF CHAPTER 23, TITLE 48 AND CHAPTER 1, TITLE 50 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1188 (Word version) -- Senator Glover: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND INSURANCE PREMIUM TAX MORATORIUM APPLICABLE TO TAXPAYERS CREATING AND MAINTAINING ONE HUNDRED FULL-TIME NEW JOBS AT A FACILITY IN A COUNTY THAT MEETS THE UNEMPLOYMENT RATE OR PER CAPITA INCOME ELIGIBILITY REQUIREMENTS FOR THIS MORATORIUM, SO AS TO EXTEND THE PER CAPITA INCOME ELIGIBILITY TO THOSE NINE COUNTIES WITH THE LOWEST PER CAPITA


Printed Page 2096 . . . . . Wednesday, April 21, 2004

INCOME AND TO EXTEND THIS MORATORIUM FOR FIVE YEARS THROUGH JUNE 30, 2010.
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Read the first time and referred to the Committee on Finance.

S. 1189 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE SOUTH CAROLINA STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT MEMBERS SHALL BE APPOINTED FROM THE CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE AND MUST BE APPOINTED TO STAGGERED TERMS NO LATER THAN MARCH 1, 2005.
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Read the first time and referred to the Committee on Transportation.

H. 4639 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Martin, Pinson, Sinclair and Taylor: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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

H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.


Printed Page 2097 . . . . . Wednesday, April 21, 2004

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

H. 4756 (Word version) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.

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

H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.

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

H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING


Printed Page 2098 . . . . . Wednesday, April 21, 2004

TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 5023 (Word version) -- Reps. Martin and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

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

H. 5135 (Word version) -- Reps. McGee and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REDUCE THE SPEED LIMIT ON A PORTION OF SOUTHBOROUGH ROAD IN FLORENCE COUNTY.

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

H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

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

H. 5138 (Word version) -- Reps. Lloyd, Breeland, G. Brown, R. Brown, Davenport, J. Hines, Hosey, Littlejohn, Mack, J. H. Neal and Vaughn: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REQUIRE THE PUBLICATION, IN A MANNER MOST LIKELY TO REACH THE INTERESTED GENERAL PUBLIC, OF A SOLICITATION FOR


Printed Page 2099 . . . . . Wednesday, April 21, 2004

BIDS FOR A FEDERAL CONTRACT TO BE AWARDED IN CONNECTION WITH A FEDERAL PROJECT IN SOUTH CAROLINA.

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

H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.

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

H. 5142 (Word version) -- Reps. Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT ERECT ANY TYPE OF BARRIER THAT WOULD RESTRICT ECONOMIC DEVELOPMENT ALONG INTERSTATE HIGHWAY 85 BUSINESS FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 585 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY; AND TO PROVIDE THAT IF THE DEPARTMENT OF TRANSPORTATION MUST ERECT A BARRIER ALONG THIS PORTION OF HIGHWAY, THEN IT MUST OBTAIN APPROVAL FOR THE CONSTRUCTION PROJECT FROM THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND THE MEMBERS OF THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION IN WHOSE DISTRICTS THE PROJECT WOULD BE LOCATED.

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

H. 5146 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE AMANDA REEVES AND HER FAMILY FOR BEING NAMED THE 2004 NATIONAL AMBASSADOR FAMILY FOR THE MARCH OF DIMES AND TO COMMEND THE REEVES FAMILY FOR TRAVELING THE


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COUNTRY TO SHARE THEIR STORY AND TO PROMOTE AWARENESS OF PREMATURE BIRTH.

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

H. 5148 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. 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, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 SOUTH CAROLINA DISTRICT 7770 AND AUSTRALIA DISTRICT 9640 OF ROTARY INTERNATIONAL FOR THEIR EFFORTS IN PROMOTING INTERNATIONAL GOODWILL THROUGH THEIR EXCHANGE PARTNERSHIP UNDER THE ROTARY GROUP STUDY EXCHANGE PROGRAM.

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

H. 5149 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE COACH RICHARD "DICKIE" MCCUTCHEN OF ROBERT E. LEE ACADEMY FOR HIS THIRTY-FOUR YEARS OF DEDICATED SERVICE, TO THANK HIM FOR HIS COMMITMENT TO EDUCATION, AND TO EXTEND BEST WISHES TO HIM UPON HIS RETIREMENT.

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


Printed Page 2101 . . . . . Wednesday, April 21, 2004

H. 5150 (Word version) -- Rep. J. Hines: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. SIDNEY GRIFFIN OF LAMAR FOR HIS DEDICATION TO THE FIELD OF MEDICINE AND HIS COMMITMENT TO EDUCATING SOUTH CAROLINIANS ABOUT ORGAN DONATION.

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

H. 5152 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ROBERT WAYNE "ROBBIE" COOKSEY OF SPARTANBURG, FOR HIS ACHIEVEMENTS IN WRESTLING AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5154 (Word version) -- Reps. Toole, Bingham, Koon, Clark, Frye, E. H. Pitts, Huggins, McLeod and Ott: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. KAREN WOODWARD, LEXINGTON SCHOOL DISTRICT ONE SUPERINTENDENT, ON RECEIVING THE 2004 "TECH-SAVVY SUPERINTENDENT" AWARD FROM eSCHOOL NEWS AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

The following invitations were polled favorably by the respective members of the Invitations Committee:

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

AYES

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

Total -- 11


Printed Page 2102 . . . . . Wednesday, April 21, 2004

NAYS

Total -- 0

Tuesday, April 27, 2004 - 12:30-2:00 PM:
Members of the Senate and Staff, Beach Music and Barbecue Lunch, State House Grounds by BEACH MUSIC ASSOCIATION INTERNATIONAL.

Tuesday, April 27, 2004 - 6:00-7:30 PM:
Members of the Senate, Spouses and Staff, Dinner, Moore Building at the Fairgrounds by SC FARM BUREAU FEDERATION.

Wednesday, April 28, 2004 - 8:00-10:00 AM:
Members of the Senate, Breakfast, 221 Blatt Building by SC SPEECH-LANGUAGE-HEARING ASSN.

Wednesday, April 28, 2004 - 6:30-8:00 PM:
Members of the Senate, Reception, Seawell's by SC CREDIT UNION LEAGUE, INC.

Thursday, April 29, 2004 - 8:00-10:00 AM:
Members of the Senate and Staff, Breakfast, 221 Blatt Building by SC SCHOOL COUNSELOR ASSN.

Tuesday - May 4, 2004 - 6:00-8:00 PM:
Members of the Senate and Staff, Reception/Barbecue, 1114 College Street by SC BEER ASSN.

Wednesday - May 5, 2004 - 8:00-10:00 AM:
Members of the Senate and Staff, Breakfast, 221 Blatt Building by SC CHAPTERS of ALPHA KAPPA ALPHA SORORITY.

Wednesday - May 5, 2004 - 12:00-2:00 PM:
Members of the Senate, Lunch, 221 Blatt Building by SC CHILD CARE ASSN.

Wednesday - May 5, 2004 - 6:30-10:00 PM:
Members of the Senate, Spouses and Staff, Barbecue by THE CITADEL ALUMNI ASSOCIATION.


Printed Page 2103 . . . . . Wednesday, April 21, 2004

Thursday - May 6, 2004 - 8:00-10:00 AM:
Members of the Senate, Breakfast, 221 Blatt Building by SC CHAPTER of the AMERICAN PLANNING ASSN.

Tuesday - May 11, 2004 - Upon Adjournment until 2:00 PM:
Members of the Senate, Lunch, State House Grounds by SMALL BUSINESS DEVELOPMENT CENTER, SC MANUFACTURING EXT. PARTNERSHIP, US SMALL BUSINESS ADM., SC DEPT. OF COMMERCE, SC CHAMBER OF COMMERCE and the WOMEN'S BUSINESS CENTER.

Wednesday - May 12, 2004 - 8:00-10:00 AM:
Members of the Senate, Breakfast, 221 Blatt Building by SC PRIMARY HEALTH CARE ASSN.

Wednesday - May 12, 2004 - 10:00 AM-2:00 PM:
Members of the Senate, Spouses and Staff, "Sampling of SC's Agricultural Products," State House Grounds by PALMETTO AGRICULTURE AND FOOD INDUSTRY COUNCIL.

Wednesday - May 12, 2004 - 6:00-7:30 PM:
Members of the Senate, Reception, Capital City Club by UPSTATE ALLIANCE.

Thursday - May 13, 2004 - 8:30-10:00 AM:
Members of the Senate, Drop-In Breakfast, 221 Blatt Building by SC SCHOOL FOOD SERVICE ASSN.

Thursday - May 20, 2004 - 8:30-10:00 AM:
Members of the Senate, Quail Breakfast, Clarion Town House by THE SC POULTRY FEDERATION.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 286 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640, SO AS TO PROVIDE FOR THE CRIME OF INTERFERENCE WITH THE OPERATION OF A PUBLIC TRANSIT OR PASSENGER VEHICLE.

Ordered for consideration tomorrow.


Printed Page 2104 . . . . . Wednesday, April 21, 2004

Senator GREGORY from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

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

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 899 (Word version) -- Senators Alexander and Waldrep: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO REQUIRE NEW SEPTIC TANK INSTALLATION TO INCLUDE AN ACCESS PIPE FOR MONITORING AND PUMPING THE SEPTIC SYSTEM, TO REQUIRE THE INSTALLATION OF SUCH A PIPE WHEN WORK IS BEING PERFORMED ON THE TANK, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Judiciary submitted a majority favorable with amendment and Senator ANDERSON a minority unfavorable report on:

S. 958 (Word version) -- Senators Fair, Branton, Cromer, Mescher, Giese, Waldrep and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-65 SO AS TO PROVIDE THAT A PERSON WHO TAKES PART IN THE PROCUREMENT, INITIATION, CONTINUATION, OR DEFENSE OF ANY SECOND OR SUBSEQUENT POST-CONVICTION RELIEF PROCEEDING MAY BE ASSESSED FOR PAYMENT OF ALL OR A PORTION OF THE ATTORNEY'S FEES AND COURT COSTS OF THE OTHER PARTY UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERM "PERSON", AND TO PROVIDE PENALTIES FOR FILING A NON-MERITORIOUS SECOND OR SUBSEQUENT POST-CONVICTION RELIEF APPLICATION; BY ADDING SECTION 17-27-68 SO AS TO PROVIDE THAT A PRISONER IS RESPONSIBLE FOR PAYING


Printed Page 2105 . . . . . Wednesday, April 21, 2004

CERTAIN FEES ASSOCIATED WITH FILING A SECOND OR SUBSEQUENT ACTION FOR POST-CONVICTION RELIEF FROM MONIES MAINTAINED IN HIS PRISONER TRUST ACCOUNT; TO AMEND SECTION 17-27-50, RELATING TO THE FORM AND CONTENTS OF AN APPLICATION FOR POST-CONVICTION RELIEF, SO AS TO PROVIDE THAT THE APPLICATION MUST DETERMINE WHETHER THE APPLICANT PREVIOUSLY HAS FILED AN APPLICATION FOR POST-CONVICTION RELIEF OR A PETITION FOR HABEAS CORPUS RELATING TO HIS PRESENT INCARCERATION, REQUIRE THE APPLICANT TO ATTACH A COPY OF HIS INMATE TRUST ACCOUNT BALANCE SHEET UNDER CERTAIN CIRCUMSTANCES, AND MUST CONTAIN A PROVISION THAT STATES THAT A NONMERITORIOUS FUTURE APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE INMATE'S LOSS OF WORK CREDITS, EDUCATION CREDITS, GOOD TIME CREDITS, AND INMATE TRUST FUNDS; AND TO AMEND SECTION 17-27-20, RELATING TO POST-CONVICTION RELIEF FILINGS, SO AS TO PROVIDE THAT A FEE IS NOT REQUIRED FOR AN INITIAL FILING FOR POST-CONVICTION RELIEF.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1002 (Word version) -- Senators Grooms, Hawkins and Short: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO CHILDCARE FACILITIES, BY ADDING SECTION 20-7-2723 TO REQUIRE THAT ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES ACQUIRE AND MAINTAIN DAY CARE LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST ONE HUNDRED THOUSAND DOLLARS PER OCCURRENCE AND THREE HUNDRED THOUSAND DOLLARS IN THE TOTAL AGGREGATE AMOUNT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1033 (Word version) -- Senators Verdin, Grooms, Reese, O'Dell, Ryberg, Fair, Hawkins, Cromer, Mescher, Thomas, Ravenel, Martin and Waldrep: A BILL TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE


Printed Page 2106 . . . . . Wednesday, April 21, 2004

UNLAWFUL CARRYING OF PISTOLS, SO AS TO ADD AS AN EXCEPTION A PERSON RIDING ON A MOTORCYCLE WHEN THE PISTOL IS SECURED IN A CLOSED SADDLEBAG OR OTHER SIMILAR, CLOSED ACCESSORY CONTAINER ATTACHED TO THE MOTORCYCLE.

Ordered for consideration tomorrow.

S. 1033--Co-Sponsor Added

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1033.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1124 (Word version) -- Senators Peeler and Thomas: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 132 TO PROVIDE FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES, TO PROVIDE FOR THE SUBMISSION AND LIMITATIONS OF BILLS FOR OUTPATIENT ANATOMIC PATHOLOGY SERVICES, AND TO PROVIDE FOR THE DEFINITION OF ANATOMIC PATHOLOGY SERVICES FOR PURPOSES OF THIS CHAPTER.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance polled out S. 1126 favorable:

S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE


Printed Page 2107 . . . . . Wednesday, April 21, 2004

DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.

Poll of the Banking and Insurance Committee
Polled 17; Ayes 13; Nays 0; Not Voting 4

AYES

Thomas                    Leatherman                Setzler
Courson                   Reese                     Hayes
Martin                    Rankin                    Alexander
Richardson                Ford                      Ritchie
Cromer

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

McConnell                 Matthews                  Patterson
Jackson

TOTAL--4

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1147 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.

Ordered for consideration tomorrow.


Printed Page 2108 . . . . . Wednesday, April 21, 2004

Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable and Senator BRANTON a minority unfavorable report on:

H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts,


Printed Page 2109 . . . . . Wednesday, April 21, 2004

Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable with amendment and Senator GIESE a minority unfavorable report on:

H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND


Printed Page 2110 . . . . . Wednesday, April 21, 2004

REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4698 (Word version) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M.A. Pitts: A BILL TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 20, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4650 (Word version) -- Reps. Harrison, McLeod and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING MULTIPLE CHAPTERS AND ARTICLES TO TITLES 33, 36, 38 AND 39, PROVIDING FOR, AMONG OTHER MATTERS, PROCEDURES FOR THE DOMESTICATION OF FOREIGN


Printed Page 2111 . . . . . Wednesday, April 21, 2004

CORPORATIONS IN SOUTH CAROLINA; PROCEDURES FOR MERGERS WITH OTHER ENTITIES OF PARTNERSHIPS AND LIMITED PARTNERSHIPS; PROCEDURES FOR CONVERSIONS OF PARTNERSHIPS AND LIMITED PARTNERSHIPS TO CORPORATIONS; CIRCUMSTANCES UNDER WHICH FOREIGN CORPORATIONS ARE NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN SOUTH CAROLINA; A REQUIREMENT THAT A TRANSFEROR OF A SECURITY FOR VALUE MUST PROVIDE DOCUMENTS NECESSARY FOR REGISTRATION OF THE SECURITY; TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP OR OTHER ENTITY AMONG THE LIST OF ENTITIES WITH WHICH A CORPORATION MAY MERGE; TO INCREASE THE TIME FOR ENFORCING UNKNOWN CLAIMS AGAINST A CORPORATION TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO PROVIDE FOR MERGERS BETWEEN NONPROFIT CORPORATIONS WITH DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, PARTNERSHIPS, LIMITED PARTNERSHIPS, OR OTHER ENTITIES, TO INCLUDE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE AS AN ACTIVITY NOT CONSIDERED THE TRANSACTION OF BUSINESS IN SOUTH CAROLINA; AND TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE CAN ACT IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY. (ABBREVIATED TITLE)
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 21, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO


Printed Page 2112 . . . . . Wednesday, April 21, 2004

THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 21, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has continued the veto on the following Act:

(R199, S481 (Word version)) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 21, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has continued the veto on the following Act:

(R209, H4702 (Word version)) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 2113 . . . . . Wednesday, April 21, 2004

CONCURRENCE

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

The House returned the Bill with amendments.

On motion of Senator CROMER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 769--Co-Sponsor Added

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 769.

HOUSE CONCURRENCES

S. 1161 (Word version) -- Senators Elliott and Glover: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 301 NORTH IN DILLON COUNTY THAT BEGINS AT THE TRAFFIC LIGHT AT DILLON HIGH SCHOOL AND CONTINUES TO THE INTERSECTION AT THE FLOYD GRIFFIN STORE IN HAMER THE "STACEY GRIFFIN HIGHWAY", AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE APPLICABLE ON SOUTH CAROLINA HIGHWAY 301 NORTH CONTAINING THE WORDS "STACEY GRIFFIN HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF DILLON, DILLON COUNTY, AND THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.


Printed Page 2114 . . . . . Wednesday, April 21, 2004

S. 1167 (Word version) -- Senators Anderson, Alexander, 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, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND INDIVIDUALS THAT HAVE JOINED TO MAKE STRONG COMMUNITIES AN IMPORTANT PART OF DAILY LIFE IN THE AREA THAT IT SERVES AND ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO JOIN IN THE OBSERVANCE OF CHILD ABUSE PREVENTION MONTH AND TO PARTICIPATE IN VOLUNTEER ACTIVITIES AND COMMUNITY EVENTS IN THE STRONG COMMUNITIES INITIATIVE.

Returned with concurrence.

Received as information.

S. 1168 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA DISTRICT 7770 AND AUSTRALIA DISTRICT 9640 OF ROTARY INTERNATIONAL FOR THEIR EFFORTS IN PROMOTING INTERNATIONAL GOODWILL THROUGH THEIR EXCHANGE PARTNERSHIP UNDER THE ROTARY GROUP STUDY EXCHANGE PROGRAM.

Returned with concurrence.

Received as information.

S. 1169 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE AMANDA REEVES AND HER FAMILY FOR BEING NAMED THE 2004 NATIONAL AMBASSADOR FAMILY FOR THE MARCH OF DIMES AND TO COMMEND THE REEVES FAMILY FOR TRAVELING THE COUNTRY TO SHARE THEIR STORY AND TO PROMOTE AWARENESS OF PREMATURE BIRTH.

Returned with concurrence.

Received as information.

CARRIED OVER

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST


Printed Page 2115 . . . . . Wednesday, April 21, 2004

PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator McCONNELL was recognized.

On motion of Senator MARTIN, the Bill was carried over, with Senator McCONNELL retaining the floor.

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

THIRD READING BILL

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

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


Printed Page 2116 . . . . . Wednesday, April 21, 2004

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 718 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT


Printed Page 2117 . . . . . Wednesday, April 21, 2004

ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

Senator HAYES asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.

SECOND READING BILLS

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

H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J.E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J.R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.

H. 5112 (Word version) -- Reps. Miller and Snow: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF


Printed Page 2118 . . . . . Wednesday, April 21, 2004

VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN GEORGETOWN COUNTY AND TO DESIGNATE 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.

AMENDED, READ THE SECOND TIME

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.

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

Senator FAIR proposed the following amendment (GJK\ 21143SD04), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/   SECTION   ____.   Section 50-11-565 of the 1976 Code, as added by Act 347 of 1998, is amended by adding:

"(D)   Notwithstanding this section or another provision of law, it is not unlawful for a person sixty-two years of age or older to use a crossbow to hunt during seasons when the use of primitive weapons are authorized for hunting." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

S. 798 (Word version) -- Senators Thomas and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO


Printed Page 2119 . . . . . Wednesday, April 21, 2004

PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.

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

Senators KNOTTS and KUHN proposed the following amendment (JUD0798.003), which was adopted:

Amend the bill, as and if amended, Section 56-5-2942(J), as contained in SECTION 2, by striking subsection (J) in its entirety and inserting therein the following:

/   (J)   The court must assess Before a suspended registration or license plate may be reinstated, a fee of forty dollars must be paid to the department for each motor vehicle owned by or registered to the person convicted, of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles to defray expenses."   /

Renumber sections to conform.

Amend title to conform.

Senator KUHN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME
READ IN FULL, PASSED BY "AYES" AND "NAYS"

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A


Printed Page 2120 . . . . . Wednesday, April 21, 2004

STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

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

Senator RITCHIE moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   In accordance with Section 10-1-165(B) of the Code of Laws of South Carolina, 1976, the City of Spartanburg is hereby authorized to move a statue of Revolutionary War hero General Daniel Morgan to a new location that is approximately 154.37' southwest of its present location near North Church Street in downtown Spartanburg. This move will place the statue in the center of what is known as Morgan Square and will provide for the correct orientation of the statue to face easterly toward the Cowpens battlefield. Upon its relocation, the General Morgan statue will take center stage in the revitalization of Morgan Square and will provide for greater citizen access and viewing.

SECTION   2.   This joint resolution takes effect upon approval by the Governor.

-- XX --

The question then was the second reading of the Joint Resolution.

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

Ayes 46; Nays 0

AYES

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

Printed Page 2121 . . . . . Wednesday, April 21, 2004

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                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0

The Joint Resolution was read the second time, passed and ordered to a third reading.

ADOPTED

S. 1176 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO CELEBRATE THURSDAY, APRIL 22, 2004, AS EARTH DAY AND TO OBSERVE THE UNITED STATES ARMY'S EARTH DAY MESSAGE OF "PRESERVING THE ENVIRONMENT WHILE PROTECTING OUR FREEDOM", WHICH RECOGNIZES THE VALUE OF OUR ENVIRONMENT AND REMINDS US THAT MEMBERS OF THE ARMY ARE THE GUARDIANS OF FREEDOM.

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

CARRIED OVER

S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED


Printed Page 2122 . . . . . Wednesday, April 21, 2004

LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.

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

H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.

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

ADJOURNMENT

At 3:42 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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