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

Thursday, January 23, 2003
(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, hear words from St. Paul to the Corinthians, First Letter, Chapter 2:3:

"I was with you in weakness, and in fear, and in much trembling."
Let us pray.

Father, our system, with all its virtues, has some weaknesses. It is so important that we make the right decisions and do the right things at the right time.

We remember the greats of our past, like Robert E. Lee and Stonewall Jackson.

We pray for our President, George W. Bush, as he makes, perhaps, one of the most important decisions in the history of mankind.

We pray that You will put a little love, and some fear, in the heart of Sadam that he may do the right things for his people.

Father, our hopes, our prayers, our tears are all with You. Our faith, triumphant o'er our fears... are all with You, are all with You.
Amen.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.
l:\council\bills\gjk\20106sd03.doc

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

H. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 3342 (Word version) -- Rep. Merrill: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY TO PROCEED WITH THE PERMITTING AND DEVELOPMENT OF A MARINE CARGO TERMINAL ON THE SOUTHERN END OF THE FORMER CHARLESTON NAVAL BASE, AND TO ENCOURAGE THE EXPEDITIOUS ISSUE OF NECESSARY PERMITS TOWARD THAT END.

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

H. 3401 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY SIXTH BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.

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

H. 3402 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MISS SHELLEY WHITE OF MULLINS ON BEING NAMED THE NATIONAL RURAL EDUCATION TEACHER OF THE YEAR AND WISHING HER CONTINUED SUCCESS AND SATISFACTION IN HER TEACHING CAREER.

The Concurrent Resolution was adopted and returned to the House.

HOUSE CONCURRENCES

S. 234 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL GREAT HUMANITARIAN AND PUBLIC SERVANT, HYMAN RUBIN, ON THE OCCASION OF HIS NINETIETH BIRTHDAY, JANUARY 21, 2003, AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.

Returned with concurrence.

Received as information.

S. 235 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ELIJAH KINGSTON "E.K." BEST OF LEE COUNTY, WHO PASSED AWAY ON TUESDAY, DECEMBER 17, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 254 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION TO COMMEND JAMES VERDIN "JAMIE" HUGHES OF PICKENS FOR HIS OUTSTANDING COURAGE, SELFLESSNESS, AND CONCERN FOR OTHERS DEMONSTRATED WHEN HE SAVED NATALIE BADNARUK FROM HER BURNING HOME ON JANUARY 19, 2003.

Returned with concurrence.

Received as information.

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

THIRD READING BILL

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

S. 232 (Word version) -- Senators J. Verne Smith, Richardson, Leventis, Alexander, Giese, Verdin, Elliott, Branton, O'Dell, Short, Reese, McGill, Setzler and Moore: A BILL TO REPEAL JOINT RESOLUTION 370 OF 2002, RELATING TO THE IMPOSITION OF THE NURSING HOME FRANCHISE FEE.

By prior motion of Senator MOORE, with unanimous consent

POINT OF ORDER

S. 250 (Word version) -- Senators Kuhn, Ford, Ravenel and Mescher: A BILL TO ESTABLISH GOVERNANCE CRITERIA AND REVISE THE GOVERNANCE STRUCTURE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, TO ABOLISH THE EIGHT CONSTITUENT DISTRICT BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL CONSIST OF NINE MEMBERS WHO MUST BE ELECTED IN PARTISAN ELECTIONS FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2004, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS; AND TO REPEAL ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD.

Senator KUHN asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments.

Point of Order

Senator McCONNELL raised a Point of Order under Rule 39 that the motion was out of order inasmuch as the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Ellen Lanier of Spartanburg, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 24, 2003, it stand adjourned to meet next Tuesday, January 28, 2003, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:13 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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