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


Printed Page 2960 . . . . . Wednesday, May 26, 2004

Wednesday, May 26, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:00 P.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, hear the Psalmist (25:9): "The meek will He guide in judgment." Hear Matthew (5:5): "Blessed are the meek for they shall inherit the earth."
Let us pray.

Father, from Columbia to the ends of the earth, it's guidance and power that we need these days, but the Holy Bible says a lot about meekness and humility that makes us teachable... candidates for wisdom and for good judgment.

So the burden of our prayer this afternoon is best declared in the words of an old hymn, beloved by us all:

"Guide me, O Thou great Jehovah,

Pilgrim through this barren land;

We are weak, but You are mighty,

Hold us with Your powerful hand."
Amen!

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

Point of Quorum

At 1:13.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Cromer
Drummond                  Elliott                   Fair
Ford                      Giese                     Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Knotts                    Kuhn
Land                      Leatherman                Leventis

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Malloy                    Martin                    McConnell
Mescher                   Moore                     O'Dell
Peeler                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Thomas                    Verdin

A quorum being present, the Senate resumed.

Doctor of the Day

Senators SHORT and CROMER introduced Dr. Kenneth F. Hill of Union, S.C., Doctor of the Day.

Objection

At 1:21 P.M., Senator SETZLER requested a Leave of Absence beginning at 7:00 P.M. until 9:00 A.M. Thursday.

Senator LEATHERMAN objected.

Leave of Absence

On motion of Senator THOMAS at 3:15 P.M. Senator FORD was granted a leave of absence for one hour.

Leave of Absence

At 3:18 P.M., Senator PATTERSON requested a leave of absence beginning at 3:30 P.M. until 5:30 P.M.

Leave of Absence

On motion of Senator LEATHERMAN at 3:19 P.M. Senator KNOTTS was granted a leave of absence to attend to a family matter.

Leave of Absence

On motion of Senator LAND at 3:19 P.M. Senator PINCKNEY was granted a leave of absence, if necessary, to attend to a family matter.

RECALLED

H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E.H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE


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ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection and the Bill was recalled from the committee
and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.

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

There was no objection and the Bill was recalled from the committee
and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.


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There was no objection and the Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection and the Bill was recalled from the committee
and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J.H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

There was no objection and the Bill was recalled from the committee
and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4482 (Word version) -- Reps. Cotty, Altman, G.M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J.R. Smith, E.H. Pitts, Hinson, Walker, J.E. Smith and Whipper: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF


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SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.

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

There was no objection and the Bill was recalled from the committee
and ordered placed on the Calendar for consideration tomorrow.

  RECALLED AND ADOPTED

H. 5205 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 6 FROM THE POINT WHERE IT MERGES WITH SOUTH CAROLINA HIGHWAY 45 IN THE TOWN OF EUTAWVILLE TO THE BERKELEY COUNTY LINE AS THE "DANNY BELL MEMORIAL HIGHWAY".

Senator MATTHEWS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection and the Resolution was recalled from the committee

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

On motion of Senator MATTHEWS, with unanimous consent, the Resolution was adopted and ordered returned to the House.

RECALLED AND ADOPTED

H. 5232 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY "THE MINUS


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BRIDGE", AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE MINUS BRIDGE".

Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection and the Resolution was recalled from the committee.

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

On motion of Senator GROOMS, with unanimous consent, the Resolution was adopted and ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1271 (Word version) -- Senator Martin: A SENATE RESOLUTION TO COMMEMORATE DUKE POWER, ITS EMPLOYEES AND RETIREES, ON ITS 100TH ANNIVERSARY AND EXTEND BEST WISHES FOR CONTINUED SUCCESS IN THE FUTURE.
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The Senate Resolution was adopted.

S. 1272 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF OPEN GOVERNMENT IN SOUTH CAROLINA, TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT, TO ENCOURAGE PARTICIPATION IN SUNSHINE SUNDAY, AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS SPONSORSHIP AND PROMOTION OF OPEN GOVERNMENT WEEK, AND TO DESIGNATE SEPTEMBER 19-25 AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA".
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1273 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE MARY FINLEY BABB OF EASLEY UPON HER RETIREMENT AS ASSISTANT


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SUPERINTENDENT FOR INSTRUCTION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE TO EDUCATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
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On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1275 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO HONOR AND COMMEND CAMERON ZANE BROWN OF COLLETON COUNTY FOR HIS FOUR YEARS OF DEDICATED SERVICE AS A PAGE TO SENATOR LARRY GROOMS AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1276 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SECURE THE WRITTEN CONSENT OF THE LEGISLATIVE DELEGATION OF THE COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1277 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE TIME OF THE GENERAL ELECTION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1278 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TOTAL FULL TERM UNPAID BALANCE REMAINING ON ANY INDEBTEDNESS THAT A SCHOOL DISTRICT IS OBLIGATED TO PAY OVER ANY PERIOD MUST BE INCLUDED IN ITS GENERAL OBLIGATION DEBT.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 5331 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 108 ALONG INTERSTATE HIGHWAY 95 IN CLARENDON COUNTY THE "BRIGGS, DELAINE, PEARSON INTERCHANGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "BRIGGS, DELAINE, PEARSON INTERCHANGE".

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

H. 5341 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS


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REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5365 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF GREENWOOD'S EMERALD HIGH SCHOOL BOYS SOCCER TEAM AND THEIR COACHING STAFF ON CAPTURING THE 2004 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO COMMEND THEM ON THEIR DEDICATION TO BEING A CHAMPIONSHIP TEAM.

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

H. 5366 (Word version) -- Rep. Pinson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE GREENWOOD CHRISTIAN SCHOOL VARSITY GIRLS SOCCER TEAM AND THEIR COACHING STAFF FOR WINNING THE SCISA REGION AA STATE CHAMPIONSHIP AND TO COMMEND THEM ON THEIR HARD WORK AND DETERMINATION TO BECOME A CHAMPIONSHIP TEAM.

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

H. 5367 (Word version) -- Reps. Huggins, McLeod and Quinn: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THOMAS HAMILL, GRAND MARSHAL OF THE CHAPIN LABOR DAY PARADE, FOR HIS HEROIC ESCAPE FROM CAPTIVITY IN IRAQ AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5373 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. VELMA H. MAYER OF ANDERSON COUNTY ON THE REMARKABLE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.


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

H. 5385 (Word version) -- Reps. Harrell, 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, 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. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LIEUTENANT MICHAEL THOMAS ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5386 (Word version) -- Reps. Harrell, 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, 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.


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C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE SERGEANT CHISOLM FRAMPTON ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5387 (Word version) -- Reps. Harrell, 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, 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. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MAJOR ALVIN A. TAYLOR ON RECEIVING THE UNITED STATES COAST GUARD MERITORIOUS PUBLIC SERVICE AWARD AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5388 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND MICHAEL B. HENDERSON FOR EIGHT YEARS OF FAITHFUL SERVICE AS PASTOR OF BETHEL


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UNITED METHODIST CHURCH AND TO EXTEND BEST WISHES FOR HIS CONTINUED SUCCESS AT BETHEL UNITED.

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

H. 5390 (Word version) -- Reps. McLeod, 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, 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. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE PALMETTO HEALTH HOSPICE ON THE OCCASION OF THEIR TWENTY-FIFTH ANNIVERSARY OF CARING, COMPASSIONATE SERVICE TO SOUTH CAROLINA PATIENTS AND FAMILIES AND TO ENCOURAGE CITIZENS TO INCREASE THEIR AWARENESS OF THE IMPORTANCE AND AVAILABILITY OF HOSPICE SERVICES AND TO OBSERVE THIS MONTH WITH APPROPRIATE ACTIVITIES AND PROGRAMS.

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

PRESIDENT PRO TEMPORE PRESIDES

At 1:32 P.M., the PRESIDENT Pro Tempore assumed the Chair.


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REPORTS OF STANDING COMMITTEES

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 855 (Word version) -- Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 1090 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT, AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.

Ordered for consideration tomorrow.

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

H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN


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CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

H. 4048 (Word version) -- Reps. J.R. Smith, Scarborough, Neilson, Cotty, Anthony, Bailey, Barfield, Cato, Ceips, Clark, Clemmons, Coates, Cooper, Davenport, Duncan, Edge, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Keegan, Leach, Limehouse, Loftis, Lucas, McGee, Owens, Perry, Pinson, E.H. Pitts, Quinn, Rice, Sandifer, Simrill, Sinclair, Skelton, D.C. Smith, W.D. Smith, Stewart, Talley, Thompson, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Wilkins, Witherspoon, Young, Merrill, G.M. Smith, Chellis, Bingham, Bowers, Herbkersman, Littlejohn and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2004.

Ordered for consideration tomorrow.

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

H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 2974 . . . . . Wednesday, May 26, 2004

1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.

Ordered for consideration tomorrow.

H. 4470--Minority Report Removed

On motion of Senator KNOTTS, with unanimous consent, the Minority Report was removed from the Bill.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4527 (Word version) -- Reps. M.A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.

Ordered for consideration tomorrow.

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

H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.

Ordered for consideration tomorrow.

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

H. 4790 (Word version) -- Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J.E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E.H. Pitts, Emory, McGee, Frye, J.H. Neal, Hagood, Allen, Altman, Bailey, Barfield, Battle, Bowers, Cato, Ceips, Chellis, Cobb-Hunter,


Printed Page 2975 . . . . . Wednesday, May 26, 2004

Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Hamilton, Keegan, Kennedy, Leach, G.R. Smith, Cotty, Limehouse, Toole, Harvin, Littlejohn, Martin, McCraw, Miller, M.A. Pitts, Sandifer, G.M. Smith, W.D. Smith, Stille, Talley, Taylor, Umphlett, Viers, Weeks and Whitmire: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO BE LICENSED AND PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS, AND PROVIDE A PROCEDURE BY WHICH A FOREIGN OR ALIEN CAPTIVE INSURANCE COMPANY MAY BECOME A DOMESTIC CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-25, RELATING TO THE AUTHORITY OF A CAPTIVE INSURANCE COMPANY TO WRITE REINSURANCE COVERING PROPERTY AND CASUALTY INSURANCE OR REINSURANCE CONTRACTS, SO AS TO PROVIDE CONSISTENCY WITH THE PROVISIONS OF SECTION 38-90-35 REGARDING CONFIDENTIAL MATERIALS; TO AMEND SECTION 38-90-40,


Printed Page 2976 . . . . . Wednesday, May 26, 2004

AS AMENDED, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE BASED ON THE CAPITALIZATION OF THE COMPANY, SO AS TO PROVIDE CAPITALIZATION REQUIREMENTS FOR LICENSING A NONPROFIT CORPORATION AS A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BASED ON CERTAIN MINIMUM AMOUNTS OF FREE SURPLUS, SO AS TO CHANGE THE REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF CERTAIN CAPTIVE INSURANCE COMPANIES, SO AS TO ADD AN ADDITIONAL OPTION FOR A NONPROFIT COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO FILING REPORTS BY A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CERTAIN INFORMATION SUBMITTED IN A REPORT CONFIDENTIAL; TO AMEND SECTION 38-90-80, RELATING TO THE INSPECTION AND EXAMINATION OF A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE THAT CERTAIN CONFIDENTIALITY PROVISIONS DO NOT APPLY TO THE DIRECTOR IN MAKING FINAL REPORTS; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAXATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITION OF "COMMON OWNERSHIP AND CONTROL" TO INCLUDE NONPROFIT CORPORATIONS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTERS 26 AND 27, TITLE 38, TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE TERMS AND CONDITIONS APPLY TO TITLE 38 INSTEAD OF CHAPTERS 26 AND 27, TITLE 38; AND TO REPEAL SECTION 38-90-170 RELATING TO APPLICABILITY OF THE TERMS AND CONDITIONS OF TITLE 38 TO INSURANCE REORGANIZATIONS, RECEIVERSHIPS, AND INJUNCTIONS TO CAPTIVE INSURANCE COMPANIES FORMED UNDER CHAPTER 90, TITLE 38.

Ordered for consideration tomorrow.


Printed Page 2977 . . . . . Wednesday, May 26, 2004

H. 5002--Read the Second Time with
Notice of General Amendments

On motion of Senator RICHARDSON, with unanimous consent, H. 5002 was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

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

H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS


Printed Page 2978 . . . . . Wednesday, May 26, 2004

ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.

Ordered for consideration tomorrow.

REPORT OF THE COMMITTEE OF CONFERENCE CARRIED OVER

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

The Report of the Committee of Conference was taken up for immediate consideration.

Senator HUTTO explained the Report of the Committee of Conference.

Senator HUTTO moved that the Report of the Committee of Conference be adopted.


Printed Page 2979 . . . . . Wednesday, May 26, 2004

Senator VERDIN moved to carry over the Report of the Committee of Conference.

ACTING PRESIDENT PRESIDES

At 1:40 P.M., Senator MALLOY assumed the Chair.

Parliamentary Inquiry

Senator GIESE made a Parliamentary Inquiry as to whether the motion to adopt or the motion to carry over was the higher motion.

The ACTING PRESIDENT stated that the motion to carry over was the higher motion.

Senator HUTTO moved to table the motion to carry over.

The question then was the motion to table the motion to carry over.

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

Ayes 15; Nays 20

AYES

Anderson                  Drummond                  Elliott
Ford                      Grooms                    Hutto
Knotts                    Land                      Leventis
Malloy                    Matthews                  Moore
Reese                     Setzler                   Sheheen

Total--15

NAYS

Alexander                 Cromer                    Fair
Giese                     Gregory                   Hawkins
Hayes                     Kuhn                      Leatherman
Martin                    Mescher                   O'Dell
Peeler                    Ravenel                   Richardson
Ritchie                   Ryberg                    Thomas
Verdin                    Waldrep

Total--20

The Senate refused to table the motion to carry over the Bill.


Printed Page 2980 . . . . . Wednesday, May 26, 2004

The Report of the Committee of Conference was carried over.

Message from the House

Columbia, S.C., May 26, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R324, S. 1213 by a vote of 4 to 0:

(R324, S1213 (Word version)) -- Senators Knotts, Setzler, Courson and Cromer: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2004

Mr. President and Senators:

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

H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS


Printed Page 2981 . . . . . Wednesday, May 26, 2004

CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2004

Mr. President and Senators:

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

H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1264 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA FOR BEING ONE OF THE MOST OUTSTANDING SCHOOLS IN SOUTH CAROLINA AND TO COMMEND THEM FOR THEIR EXCELLENCE IN EDUCATION AND FOR DEVELOPING THE YOUNG MINDS OF PREDOMINANTLY AFRICAN-AMERICAN STUDENTS.


Printed Page 2982 . . . . . Wednesday, May 26, 2004

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1270 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO COMMEND CHIEF HAROLD D. HATCHER, CHIEF OF THE WACCAMAW INDIAN PEOPLE OF CONWAY, SOUTH CAROLINA, FOR HIS OUTSTANDING CONTRIBUTIONS TO THE DEVELOPMENT OF THE REGULATIONS TO PROVIDE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES AND HIS LEADERSHIP IN BRINGING THE CONCERNS AND ISSUES OF ALL NATIVE AMERICAN INDIANS TO THE ATTENTION OF THE SOUTH CAROLINA GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

ORDERED ENROLLED FOR RATIFICATION

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

H. 5244 (Word version) -- Rep. Barfield: A BILL TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

By prior motion of Senator RANKIN

H. 5242 (Word version) -- Rep. Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.


Printed Page 2983 . . . . . Wednesday, May 26, 2004

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

There was no objection.

HOUSE BILLS RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J.E. Smith, Skelton, Scarborough, Sandifer, Rivers, M.A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

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

There was no objection.


Printed Page 2984 . . . . . Wednesday, May 26, 2004

THIRD READING BILLS

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

S. 1193 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

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

There was no objection.

S. 1194 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

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

There was no objection.

AMENDMENT PROPOSED
CONSIDERATION INTERRUPTED

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

The House returned the Bill with amendments.


Printed Page 2985 . . . . . Wednesday, May 26, 2004

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P1-2 (813-LAND-1) proposed by Senator LAND and previously printed in the Journal of Tuesday, May 25, 2004.

Senator LAND was recognized to speak on the amendment.

Point of Quorum

At 2:08 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator RICHARDSON asked unanimous consent to make a motion.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as a quorum was not present.

The ACTING PRESIDENT sustained the Point of Order.

Call of the Senate

Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

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

A quorum being present, the Senate resumed.

Senator LAND resumed explaining the amendment.


Printed Page 2986 . . . . . Wednesday, May 26, 2004

Point of Quorum

At 2:28 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

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

A quorum being present, the Senate resumed.

Senator LAND spoke on the amendment.

Point of Quorum

At 2:55 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator LAND resumed speaking on the amendment.

Objection

With Senator LAND retaining the floor, Senator RAVENEL asked unanimous consent to take up Amendment No. P1-3A for immediate consideration.

Senator GROOMS objected.

Senator LAND resumed speaking on the amendment.


Printed Page 2987 . . . . . Wednesday, May 26, 2004

Point of Quorum

At 3:04 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator MOORE moved that the Senate stand adjourned.

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

Ayes 9; Nays 33

AYES

Anderson                  Ford                      Glover
Hutto                     Jackson                   Patterson
Pinckney                  Sheheen                   Short

Total--9

NAYS

Alexander                 Courson                   Cromer
Drummond                  Elliott                   Fair
Giese                     Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Ravenel                   Reese                     Richardson
Ritchie                   Ryberg                    Setzler
Thomas                    Verdin                    Waldrep

Total--33

The Senate refused to adjourn.

Rule 3B Invoked

At 3:09 P.M., Senator LEATHERMAN moved to invoke Rule 3B.


Printed Page 2988 . . . . . Wednesday, May 26, 2004

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

Ayes 24; Nays 17

AYES

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

Total--24

NAYS

Drummond                  Elliott                   Ford
Glover                    Hutto                     Jackson
Land                      Leventis                  Malloy
McGill                    Moore                     Patterson
Pinckney                  Reese                     Setzler
Sheheen                   Short

Total--17

At 3:13 P.M., Rule 3B was invoked and the Sergeant-at-Arms was directed to send for the absent members.

Senator LAND continued explaining the amendment.

Motion Adopted

On motion of Senator REESE, with unanimous consent, Senators ANDERSON, FAIR, THOMAS and REESE were granted leave to attend a meeting in the third floor conference room and return immediately upon conclusion of the meeting.

Senator LAND continued explaining the amendment.


Printed Page 2989 . . . . . Wednesday, May 26, 2004

Parliamentary Inquiry

Senator RICHARDSON made a Parliamentary Inquiry as to whether the Senator was speaking on the Bill or the amendment.

The ACTING PRESIDENT stated that the Senator was speaking on the amendment.

Senator LAND continued explaining the amendment.

PRESIDENT PRESIDES

At 3:59 P.M., the PRESIDENT assumed the Chair.

Senator LAND resumed explaining the amendment.

Point of Order

Senator RICHARDSON raised a Point of Order that the Senator was filibustering his own amendment.

Senator MOORE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator LAND spoke on the Point of Order.

Senator RICHARDSON spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

Senator MATTHEWS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LAND resumed speaking on his amendment.

Senator HUTTO argued contra to the adoption of the amendment.

Motion Under Rule 15A Failed

At 4:15 P.M., with Senator HUTTO retaining the floor, Senator LEATHERMAN asked unanimous consent to make a motion under Rule 15A to vote on Amendment No. P1-2.

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

Ayes 25; Nays 16

AYES

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins

Printed Page 2990 . . . . . Wednesday, May 26, 2004

Hayes                     Kuhn                      Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Land                      Leventis                  Malloy
Matthews                  McGill                    Moore
Pinckney                  Reese                     Setzler
Sheheen

Total--16

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO continued arguing contra to the adoption of the amendment.

Objection

H. 4740 (Word version) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE


Printed Page 2991 . . . . . Wednesday, May 26, 2004

FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.

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

Senator SETZLER objected.

Senator HUTTO continued arguing contra to the adoption of the amendment.

PRESIDENT PRO TEMPORE PRESIDES

At 5:43 P.M., the PRESIDENT Pro Tempore assumed the Chair.

Senator HUTTO resumed speaking on the amendment.

Motion under Rule 15A Failed

At 5:53 P.M., Senator LEATHERMAN moved under Rule 15A to vote on the entire matter of S. 813.

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

Ayes 25; Nays 17

AYES

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Kuhn                      Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ravenel
Richardson                Ritchie                   Ryberg

Printed Page 2992 . . . . . Wednesday, May 26, 2004

Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Jackson                   Land                      Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Reese
Setzler                   Sheheen

Total--17

Having failed to receive the necessary vote, the motion under Rule 15A failed.

PRESIDENT PRESIDES

At 6:00 P.M., the PRESIDENT assumed the Chair.

Senator HUTTO resumed speaking on the amendment.

Point of Quorum

At 6:44 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator HUTTO resumed speaking on the amendment.

Motion to Repeal Rule 3B Withdrawn

At 7:00 P.M., Senator MOORE moved to repeal Rule 3B.

Senator MOORE spoke on the motion.

On motion of Senator MOORE, with unanimous consent, the motion to repeal Rule 3B was withdrawn.

Senator HUTTO resumed speaking on the amendment.


Printed Page 2993 . . . . . Wednesday, May 26, 2004

Motion Under Rule 15A Failed

At 7:20 P.M., Senator LEATHERMAN moved under Rule 15A to vote on the entire matter of S. 813.

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

Ayes 25; Nays 19

AYES

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

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Jackson                   Knotts                    Land
Malloy                    Matthews                  McGill
Moore                     Patterson                 Pinckney
Rankin                    Reese                     Setzler
Sheheen

Total--19

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO resumed speaking on the amendment.

On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by adjournment, with Senator HUTTO retaining the floor.


Printed Page 2994 . . . . . Wednesday, May 26, 2004

ADJOURNMENT

At 7:25 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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