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

Tuesday, May 11, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 The Epistle to the Hebrews, Chapter 11:8ff:

"By faith Abraham... looked forward to the City that has foundations whose architect and builder is God... But, as it is, they desire a better country."
Let us pray.

Father, as we look out on a world torn by unbelievable conflicts of cultures... with war even more dangerous than others, we thank You for bringing us through the Revolution from the British Empire, the War Between the States that preserved a nation, and a recent century of two World Wars to a tumultuous explosion today.

God bless our President, our leaders, and our soldiers, like those we've known before:

"Whom power cannot corrupt, whom death cannot terrify."

Father, give us peacemakers!
Amen!

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

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator PINCKNEY rose for an Expression of Personal Interest.

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

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. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

By prior motion of Senator CROMER, with unanimous consent

H. 4764 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO DECREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM SEVEN TO FIVE.

Senator RITCHIE explained the Bill.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:

H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson, Cobb-Hunter and Whipper: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (4971R001.HSP), which was adopted:

Amend the joint resolution, as and if amended, SECTION 1, page 2, by striking lines 8-16 and inserting:

/       (1)   one member to be appointed by the Chairman of the Senate Finance Committee;

(2)   one member to be appointed by the Chairman of the Senate Medical Affairs Committee;

(3)   one member to be appointed by the Chairman of the House Ways and Means Committee;

(4)   one member to be appointed by the Chairman of the Medical, Military, Public and Municipal Affairs Committee;

(5)   the Director of the Department of Insurance and the Director of the Department of Health and Human Services shall serve as ex officio members of the commission; and

(6)   a seventh member to be appointed by the Governor who shall serve as chairman.     /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

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

ADOPTED

S. 1229 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 16 THROUGH MAY 22, 2004, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

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

H. 3889--SUBSTITUTION OF CONFEREE

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.

Senator WALDREP was substituted on the Committee of Conference in lieu of Senator KNOTTS on H. 3889.

Whereupon, Senators HUTTO, VERDIN and WALDREP were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES

CARRIED OVER

H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M.A. Pitts, Barfield, Duncan, Edge, Clemmons, Viers and Bailey: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.

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

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

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

CARRIED OVER

H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.

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

On motion of Senator THOMAS, the Bill was carried over.

AMENDED, CONSIDERATION INTERRUPTED

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

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

Senator KUHN argued in favor of third reading of the Bill.

Amendment No. 8

Senators KUHN, HUTTO and KNOTTS proposed the following Amendment No. 8 (530R003.JRK), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/   SECTION   1.   Section 59-17-135 of the 1976 Code, as added by Act 4 of 2001, is amended by adding a lettered subsection at the end to read:

"( )(1)   Conduct grades are intended to provide parents or guardians with an assessment of student behavior and must not be included as part of a student's transcript or in the compilation of a student's GPA. Each teacher in a public school of this State shall indicate a conduct grade on a student's report card for each subject taught. However, if a teacher provides instruction in more than one subject to the same student, an overall conduct grade may be issued. Conduct grades must be indicated by the letter 'S' for satisfactory, 'N' for needs improvement, or 'U' for unsatisfactory. If a student receives a letter grade of 'N' or 'U', a teacher comment must be provided as an explanation of the grade. Comments for a student receiving a letter grade of 'S' are optional.

(2)   Each school or district shall have a conduct grading program in place before the effective date of this subsection and shall have the program reviewed by the State Department of Education, Office of Character Education to determine whether the program meets the intent of this section. Each program is to include measurable objectives for each character trait as provided for in this section."   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator KUHN spoke on the Bill.

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

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourned today, it would stand adjourned to meet tomorrow at 12:00 Noon.

MOTION ADOPTED

On motion of Senators CROMER, ALEXANDER, ANDERSON, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, 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, with unanimous consent, the Senate stood adjourned in memory of Dovereen Jessie Marler of Lexington, S.C., beloved mother of Senator KNOTTS.

ADJOURNMENT

At 1:18 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 12:00 Noon.

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