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


Printed Page 2276 . . . . . Wednesday, May 7, 2003

Wednesday, May 7, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 the Prophet Isaiah speaking 8 centuries before the Christian era (59:14):

"Justice is turned back and righteousness stands at a distance; for truth stumbles in the public square."
Let us pray.

Father, sometimes we, too, are tempted with Isaiah to discouragement and cynicism as we look out upon our world of the "public square."

Through Your word and the prophets You cause the sunlight to shine out of darkness.

Yet humankind continues to walk in the ethical shadows.

We yearn to be able to live, and at least to co-exist, with our fellow human beings on the highest possible plane of morality and not at its lowest.

Toward this objective, Lord, give us such spiritual perceptivity and such sensitivity to the nuances of spiritual understanding that, beyond the troubling budgets and bureaus, we may see people striving honestly with all their human fumblings and their interminable and inexcusable mistakes toward the prize of the high calling of God: peace between nations and the good life for all!
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:


Printed Page 2277 . . . . . Wednesday, May 7, 2003

Local Appointments

Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Raymond J. Long, 310 Peachtree Road, Rock Hill, S.C. 29730

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Rebecca L. Adams, 5 Hillstone Court, Columbia, S.C. 29212 VICE Llewellyn Hames

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Brian W. Jeffcoat, 253 Conrad Circle, Columbia, S.C. 29212 VICE Shirley M. Sons

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jamie T. Lucas, 351 Kitti Wake Dr., West Columbia, S.C. 29170

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gary S. Morgan, P.O. Box 1632, Lexington, S.C. 29071

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Thomas H. Rawl III, 304 South Lake Dr., Lexington, S.C. 29072

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gary W. Reinhart, 253 John Lindler Road, Chapin, S.C. 29036 VICE Gary S. Morgan (as unassigned magistrate)

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bruce Rutland, 650 Knox Abbott Drive, Cayce, S.C. 29033

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

William Gregory Shockley, 2029 Highway 178, Swansea, S.C. 29160


Printed Page 2278 . . . . . Wednesday, May 7, 2003

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Scott D. Whittle, 4601 Fish Hatchery Rd., Gaston, S.C. 29053

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2783
Agency: Department of Health and Environmental Control
SUBJECT: Water Pollution Control Permits
Received by Lieutenant Governor January 29, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration May 29, 2003
Withdrawn and Resubmitted May 7, 2003

Leave of Absence

At 11:15 A.M., Senator SETZLER requested a leave of absence beginning at 7:00 P.M. tonight and lasting until 7:00 A.M. Thursday morning.

Leave of Absence

At 11:15 A.M., Senator SHORT requested a leave of absence beginning at 7:00 P.M. tonight and lasting until 7:00 A.M. Thursday morning.

Leave of Absence

At 11:20 A.M., Senator J. VERNE SMITH requested a leave of absence from 11:00 A.M. until 2:00 P.M. on Friday, May 9, 2003.

Leave of Absence

At 11:20 A.M., Senator LAND requested a leave of absence from 7:00 - 10:00 P.M. tonight.

Leave of Absence

At 1:10 P.M., Senator ELLIOTT requested a leave of absence from 7:00 A.M. - 2:00 P.M. on Friday, May 9, 2003.

Leave of Absence

On motion of Senator GLOVER, at 4:14 P.M., Senator JACKSON was granted a leave of absence beginning at 6:00 P.M. until 12:00 Noon on Thursday, May 8, 2003.


Printed Page 2279 . . . . . Wednesday, May 7, 2003

Leave of Absence

At 4:15 P.M., Senator GLOVER requested a leave of absence from 8:00 A.M. to 5:00 P.M. on Thursday, May 8, 2003.

Leave of Absence

At 5:00 P.M., Senator RAVENEL requested a leave of absence beginning at 9:00 P.M. tonight and lasting until 10:00 A.M. in the morning.

Leave of Absence

At 5:01 P.M., Senator PATTERSON requested a leave of absence beginning at 7:00 P.M. tonight and lasting until 10:00 A.M. in the morning.

Leave of Absence

At 5:02 P.M., Senator RANKIN requested a leave of absence beginning at 6:00 P.M. tomorrow and lasting until 12:00 Noon on Tuesday.

Leave of Absence

At 5:50 P.M., Senator FAIR requested a leave of absence on Thursday and Friday of this week.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 683 (Word version) -- Senators Drummond and Moore: A SENATE RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MAESTRO LIVIO VALENTINI OF ITALY FOR HIS CONTINUOUS IMPACT AND DEDICATION TO FINE ARTS EDUCATION IN THE STATE OF SOUTH CAROLINA AND PARTICULARLY IN THE AIKEN COMMUNITY AND TO BESTOW UPON HIM AN HONORARY CITIZENSHIP OF SOUTH CAROLINA, EXTENDING THE COURTESY OF ALL RIGHTS AND PRIVILEGES UPON HIS VISITS TO THIS STATE.
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The Senate Resolution was adopted.


Printed Page 2280 . . . . . Wednesday, May 7, 2003

S. 684 (Word version) -- Senators Fair, Anderson, J. Verne Smith, Thomas and Verdin: A SENATE RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO DR. SANDRA MCLENDON OF GREENVILLE FOR HER HARD WORK AND DEDICATION TO PARKER ACADEMY AND TO CONGRATULATE HER ON RECEIVING THE SOUTH CAROLINA ASSOCIATION OF SCHOOL LIBRARIANS' 2003 MEDIA SPECIALIST OF THE YEAR AWARD.
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The Senate Resolution was adopted.

S. 685 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. ROBERT LEON "LEE" JOHNSON OF HORRY COUNTY FOR HIS SIXTY YEARS OF DEDICATED GOVERNMENTAL SERVICE IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 686 (Word version) -- Senator Thomas: 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 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.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 687 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE


Printed Page 2281 . . . . . Wednesday, May 7, 2003

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 ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 688 (Word version) -- Senator Ryberg: A SENATE RESOLUTION TO COMMEND MR. AND MRS. RUSTY HARRIS OF COLUMBIA AND FORMERLY OF AIKEN, FOR BEING OUTSTANDING CITIZENS AND COMMUNITY LEADERS IN SOUTH CAROLINA AND TO WISH THEM GODSPEED AS THEIR FAMILY MOVES TO GASTONIA, NORTH CAROLINA, WHERE RUSTY HARRIS WILL PERFORM NEW DUTIES AS A SCANA CORPORATE EXECUTIVE.
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The Senate Resolution was adopted.

S. 689 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO EXTOL REVEREND DONALD E. CHANEY FOR HIS OUTSTANDING COMMUNITY INVOLVEMENT IN PASTORING AND PROVIDING LEADERSHIP TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.


Printed Page 2282 . . . . . Wednesday, May 7, 2003

S. 690 (Word version) -- Senators Knotts, Reese, Patterson, Setzler, McGill, Glover, Malloy, Hutto, Pinckney, Mescher, Verdin, Waldrep, Grooms, Courson, Branton, Ravenel, Leatherman, Moore, Land, Alexander, J. Verne Smith, Drummond and Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE MUSEUM FOR BEING CHOSEN AS THE THIRD MOST POPULAR MUSEUM IN THE SOUTHEAST BY THE SOUTHERN LIVING READERS' CHOICE AWARDS AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS THE STATE MUSEUM HAS MADE TO SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4155 (Word version) -- Rep. Richardson: A CONCURRENT RESOLUTION RECOGNIZING SERGEANT JESSE LANTER OF FORT MILL FOR HIS ACTS OF SACRIFICE AND BRAVERY WHILE SERVING IN IRAQ WITH THE UNITED STATES MARINES AND WISHING HIM A SAFE RETURN TO HIS HOME STATE.

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

H. 4160 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA GENERAL TO THE W. WYMAN KING ACADEMY "LADY KNIGHTS" BASKETBALL TEAM OF LEXINGTON COUNTY AND TO HEAD COACH JOEY LONG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 2003 CLASS A GIRLS' STATE BASKETBALL CHAMPIONSHIP TITLE.

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

REPORT OF STANDING COMMITTEE

Senator KNOTTS from the Committee on Judiciary submitted a favorable report on:

H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE


Printed Page 2283 . . . . . Wednesday, May 7, 2003

JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 6, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor,   Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith,   J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons,   Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and   Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2,   CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING   TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS   SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS   AMENDED, RELATING TO THE ETHICS, GOVERNMENT   ACCOUNTABILITY, AND CAMPAIGN REFORM ACT.   (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. Harrison, W. D. Smith, and Delleny to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 6, 2003

Mr. President and Senators:


Printed Page 2284 . . . . . Wednesday, May 7, 2003

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
asks for a Committee of Conference, and has appointed Reps. Townsend, Miller, and Walker to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 677 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION CONGRATULATING THE MEMBERS OF THE TIMBERLAND HIGH SCHOOL "WOLVES" BASKETBALL TEAM ON THEIR CHAMPIONSHIP SEASON AS THEY WEAR THE 2002-2003 CLASS AAA STATE BASKETBALL CROWN, THE FIRST EVER STATE TITLE FOR THE BERKELEY COUNTY SCHOOL.

Returned with concurrence.

Received as information.

S. 679 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAYCE-WEST COLUMBIA LIONS CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND ALL OF ITS MEMBERS, PAST AND PRESENT, FOR THEIR WONDERFUL CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.

Returned with concurrence.

Received as information.

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:


Printed Page 2285 . . . . . Wednesday, May 7, 2003

H. 3630 (Word version) -- Reps. McLeod and Duncan: A BILL TO ENACT THE NEWBERRY 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 NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT 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 CROMER

H. 3631 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.

By prior motion of Senator CROMER

THIRD READING BILL

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

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.


Printed Page 2286 . . . . . Wednesday, May 7, 2003

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

Senator RICHARDSON proposed the following amendment (DKA\3515DW03), which was adopted:

Amend the bill, as and if amended, Section 3(B), SECTION 1, page 2, by inserting after the period on line 7:

/ Except that for the initial election in 2003, the Beaufort County Election Commission may delay the date for filing the statement of candidacy no later than twelve o'clock noon on September 15, 2003. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

SECOND READING BILLS
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:

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".

SECOND READING BILLS

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

H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE


Printed Page 2287 . . . . . Wednesday, May 7, 2003

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.

H. 4092 (Word version) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.

ADOPTED

H. 4113 (Word version) -- Reps. Townsend, Clark, Gilham, J. Hines, Lloyd, Lourie, Martin, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Owens, Pinson, Skelton, D.C. Smith, Stille, Walker, Whitmire and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2003 AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3749, THE GENERAL APPROPRIATION BILL.

DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 8 (SEC1-BUSES) proposed by Senator MOORE and previously printed in the Journal of Tuesday, May 6, 2003. Amendment No. 8 was subsequently tabled.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and, further, that staff of the Senate Finance Committee were admitted to the floor of the Senate


Printed Page 2288 . . . . . Wednesday, May 7, 2003

Chamber while debate was in progress on H. 3749, the General Appropriation Bill.

Senator MOORE explained the amendment.

Point of Quorum

At 10:14 A.M., Senator HUTTO made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

Senator MOORE continued speaking in favor of the adoption of the amendment.

Objection

Senator MARTIN asked unanimous consent to make a motion to take up for immediate consideration the amendment by Senator MOORE pertaining to the $ .02 sales tax increase.

Senator SHORT objected.

Senator MOORE continued speaking in favor of the adoption of the amendment.


Printed Page 2289 . . . . . Wednesday, May 7, 2003

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 26; Nays 17

AYES

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

Total--26

NAYS

Anderson                  Ford                      Glover
Holland                   Hutto                     Land
Leventis                  Malloy                    Matthews
McGill                    Moore                     O'Dell
Patterson                 Pinckney                  Reese
Setzler                   Short

Total--17

Amendment No. 8 was laid on the table.


Printed Page 2290 . . . . . Wednesday, May 7, 2003

Statement by Senators LEATHERMAN, ALEXANDER
BRANTON, COURSON, CROMER, FAIR, GIESE, GREGORY GROOMS, HAWKINS, HAYES, KNOTTS, KUHN, MARTIN McCONNELL, MESCHER, PEELER, RAVENEL RICHARDSON, RITCHIE, RYBERG, J. VERNE SMITH THOMAS, VERDIN and WALDREP

We voted to table this amendment to the General Appropriation Bill because without a corresponding tax decrease South Carolinians cannot afford the tax increase that this amendment would have led to during these difficult economic times. Further, during the Senate Session of Tuesday May 6, 2003, on two occasions, reflected in the Journal of the Senate on page 13 and on page 18, the Senator from Florence, Senator LEATHERMAN, moved to proceed to House Bill 3598, which is a Bill that would allow the Senate to debate and vote on revenue raising measures. However, as the Journal reflects, the Senator from Orangeburg, Senator HUTTO, objected; the Senator from Greenville, Senator THOMAS, made a similar request that is reflected in the Journal on page 17; this request was objected to by the Senator from Clarendon, Senator LAND. Further, we believe, just like most families in South Carolina, we must know what funds we have before the Senate can decide if a program can be afforded.

Senator RICHARDSON spoke on the Bill.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion to take up for immediate consideration an amendment by Senator MOORE pertaining to the $ .02 sales tax increase and also an amendment by Senator THOMAS pertaining to the $ .02 sales tax increase.

Senator HUTTO objected.

Senator MARTIN spoke on the Bill.

Objection

Senator MOORE asked unanimous consent to make a motion that the Senate adopt a $ .02 sales tax increase which would not apply to the purchase of food.

Senator MARTIN objected.

Senator MARTIN spoke on the Bill.


Printed Page 2291 . . . . . Wednesday, May 7, 2003

Objection

Senator MOORE asked unanimous consent to make a motion to take up the concept of a $ .02 sales tax increase and requested a roll call vote.

Senator MARTIN objected.

Parliamentary Inquiry

Senator SETZLER made a Parliamentary Inquiry as to whether the amendments proposed by Senators MOORE and THOMAS were on the Desk.

The PRESIDENT stated that neither amendment was on the Desk.

Senator MARTIN spoke on the Bill.

Objection

Senator MOORE asked unanimous consent to make a motion to take up the amendment by Senator THOMAS pertaining to the $.02 sales tax increase at 11:45 A.M. and to take up the amendment by Senator MOORE pertaining to the $.02 sales tax increase by 4:00 P.M.

Senator RICHARDSON objected.

Senator MARTIN spoke on the Bill.

Objection

Senator RICHARDSON asked unanimous consent to make a motion to take up for immediate consideration an amendment proposed by Senator J. VERNE SMITH pertaining to the Governor's tax plan which deals with the cigarette tax and the income tax reduction.

Senator HUTTO objected.

Senator MARTIN spoke on the Bill.

Amendment No. 9A

Senator MOORE proposed the following Amendment No. 9A (GIR INCREASE2.TLM.DOC), which was tabled:

Amend the Finance Committee amendment, as and if amended, page [3749-2], by inserting:

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, by inserting after line 3 an appropriately numbered program to read:


Printed Page 2292 . . . . . Wednesday, May 7, 2003

COLUMN 7   COLUMN 8

/Governor's Institute of Reading           325,463     325,463/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 26; Nays 17

AYES

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

Total--26

NAYS

Anderson                  Elliott                   Ford
Glover                    Holland                   Hutto
Jackson                   Land                      Leventis
Malloy                    Matthews                  Moore
Patterson                 Pinckney                  Reese
Setzler                   Short

Total--17

The amendment was laid on the table.


Printed Page 2293 . . . . . Wednesday, May 7, 2003

Statement by Senators LEATHERMAN, ALEXANDER
BRANTON, COURSON, CROMER, FAIR, GIESE, GREGORY GROOMS, HAWKINS, HAYES, KNOTTS, KUHN, MARTIN McCONNELL, MESCHER, PEELER, RAVENEL RICHARDSON, RITCHIE, RYBERG, J. VERNE SMITH THOMAS, VERDIN and WALDREP

We voted to table this amendment to the General Appropriation Bill because without a corresponding tax decrease South Carolinians cannot afford the tax increase that this amendment would have led to during these difficult economic times. Further, during the Senate Session of Tuesday May 6, 2003, on two occasions, reflected in the Journal of the Senate on page 13 and on page 18, the Senator from Florence, Senator LEATHERMAN, moved to proceed to House Bill 3598, which is a Bill that would allow the Senate to debate and vote on revenue raising measures. However, as the Journal reflects, the Senator from Orangeburg, Senator HUTTO, objected; the Senator from Greenville, Senator THOMAS, made a similar request that is reflected in the Journal on page 17; this request was objected to by the Senator from Clarendon, Senator LAND. Further, we believe, just like most families in South Carolina, we must know what funds we have before the Senate can decide if a program can be afforded.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the Joint Assembly.

RECESS

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

JOINT ASSEMBLY
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. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING


Printed Page 2294 . . . . . Wednesday, May 7, 2003

MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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.

Representative Phillips, Chairman 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 the name of Mr. Hightower in nomination.

Representative Phillips 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 an at-large position on the Board of Trustees for the College of Charleston for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
1st District, Seat #1

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

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Clark B. Parker had been screened and found qualified to serve and placed the name of Mr. Parker in nomination.


Printed Page 2295 . . . . . Wednesday, May 7, 2003

Representative Phillips 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 Clark B. Parker was elected to a position on the Board of Trustees for Coastal Carolina University from the 1st District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
2nd District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 2nd District, Seat #3.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Oran P. Smith had been screened and found qualified to serve and placed the name of Dr. Smith in nomination.

Representative Phillips 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 Oran P. Smith was elected to a position on the Board of Trustees for Coastal Carolina University from the 2nd District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
3rd District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 3rd District, Seat #5.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Payne H. Barnette, Jr. had been screened and found qualified to serve and placed the name of Mr. Barnette in nomination.

Representative Phillips 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 Payne H. Barnette, Jr. was elected to a position on the Board of Trustees for Coastal Carolina University from the 3rd District, Seat #5 for the term prescribed by law.


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Election to the Board of Trustees for Coastal Carolina University
4th District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 4th District, Seat #7.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles J. Hodge had been screened and found qualified to serve and placed the name of Mr. Hodge in nomination.

Representative Phillips 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 J. Hodge was elected to a position on the Board of Trustees for Coastal Carolina University from the 4th District, Seat #7 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
5th District, Seat #9

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 5th District, Seat #9.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Samuel J. Swad had been screened and found qualified to serve and placed the name of Dr. Swad in nomination.

Representative Phillips 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 Samuel J. Swad was elected to a position on the Board of Trustees for Coastal Carolina University from the 5th District, Seat #9 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
6th District, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 6th District, Seat #11.


Printed Page 2297 . . . . . Wednesday, May 7, 2003

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Fred F. DuBard, Jr. had been screened and found qualified to serve and placed the name of Mr. DuBard in nomination.

Representative Phillips 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 Fred F. DuBard, Jr. was elected to a position on the Board of Trustees for Coastal Carolina University from the 6th District, Seat #11 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
At-Large Position, Seat #13

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #13.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Eugene C. Spivey had been screened and found qualified to serve and placed the name of Mr. Spivey in nomination.

Representative Phillips 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 C. Spivey was elected to a position on the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #13 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
At-Large Position, Seat #15

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #15.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Daniel W. Moore, Sr. had been screened and found qualified to serve and placed the name of Mr. Moore in nomination.

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


Printed Page 2298 . . . . . Wednesday, May 7, 2003

Whereupon, the PRESIDENT announced that the Honorable Daniel W. Moore, Sr. was elected to a position on the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #15 for the term prescribed by law.

Election to the Board of Trustees for South Carolina
State University
1st District, Seat #1

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, 1st District, Seat #1.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Arnold Collins had been screened and found qualified to serve and placed the name of Mr. Collins in nomination.

Representative Phillips 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 Arnold Collins was elected to a position on the Board of Trustees for South Carolina State University, 1st District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for South Carolina
State University
2nd District, Seat #2

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, 2nd District, Seat #2.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Reverend Samuel B. Glover and Mr. Joseph C. Sanders had been screened and found qualified to serve.

On motion of Representative Phillips, the name of Reverend Samuel B. Glover was placed in nomination.

On motion of Representative Phillips, the name of Mr. Joseph C. Sanders was withdrawn from consideration.

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


Printed Page 2299 . . . . . Wednesday, May 7, 2003

Whereupon, the PRESIDENT announced that the Honorable Samuel B. Glover was elected to a position on the Board of Trustees for South Carolina State University, 2nd District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for South Carolina
State University
4th District, Seat #4

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, 4th District, Seat #4.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. John H. Corbitt and Mr. James H. Owens had been screened and found qualified to serve.

On motion of Representative Phillips, the name of Dr. John H. Corbitt was placed in nomination.

On motion of Representative Phillips, the name of Mr. James H. Owens was withdrawn from consideration.

Representative Phillips 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 John H. Corbitt was elected to a position on the Board of Trustees for South Carolina State University, 4th District, Seat #4 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.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John Long, Mr. J. Richard Jones, Mr. Karl H. Smith and Mr. Eugene P. Warr, Jr. had been screened and found qualified to serve.

On motion of Representative Phillips, the name Mr. Eugene P. Warr, Jr. was placed in nomination.


Printed Page 2300 . . . . . Wednesday, May 7, 2003

On motion of Representative Phillips, the names of Mr. John Long, Mr. J. Richard Jones and Mr. Karl H. Smith were withdrawn from consideration.

Representative Phillips 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, Jr. 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
Wil Lou Gray Opportunity School

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

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lowell C. Spires, Jr., Mr. George M. Ducworth and Mr. Vince Rhodes had been screened and found qualified to serve.

Representative Phillips placed the names of Mr. Spires, Mr. Ducworth and Mr. Rhodes in nomination.

Representative Phillips 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 Lowell C. Spires, Jr., the Honorable George M. Ducworth and the Honorable Vince Rhodes were elected to three at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the term prescribed by law.

Election to the Board of Trustees for Clemson University
At-Large Position

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Clemson University.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Greg W. Anderson, Mr. Al Berry, Mr. Pat Black, Jr., Mr. Vernon Merchant, Mr. Bob Peeler, Mr. Jack Shuler, Mr. B. K. "Bud" Webb and Mr. Rodney Williams had been screened and found qualified to serve.


Printed Page 2301 . . . . . Wednesday, May 7, 2003

On motion of Representative Phillips, the names of Mr. Vernon Merchant and Mr. Bob Peeler were placed in nomination.

On motion of Representative Phillips, the names of Mr. Al Berry, Mr. Jack Shuler, Mr. Pat Black, Jr., Mr. Greg W. Anderson, Mr. B. K. "Bud" Webb and Mr. Rodney Williams were withdrawn from consideration.

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. Merchant:

Total--0

The following named Senators voted for Mr. Peeler:

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

Total--43

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

The following named Representatives voted for Mr. Merchant:

Total--0

The following named Representatives voted for Mr. Peeler:


Printed Page 2302 . . . . . Wednesday, May 7, 2003

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Ceips
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hines, J.              Hines, M.              Hinson
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 Pitts, E.
Quinn                  Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Viers                  Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--111


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RECAPITULATION

Total number of Senators voting   43
Total number of Representatives voting   111
Grand Total   154
Necessary to a choice   78
Of which Mr. Merchant received   0
Of which Mr. Peeler received   154

Whereupon, the PRESIDENT announced that the Honorable Bob Peeler was elected to an at-large position on the Board of Trustees for Clemson University for the term prescribed by law.

Election to the Consumer Affairs Commission
At-Large Position, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Consumer Affairs Commission, Seat #1.

Senator ALEXANDER, Chairman of the Committee to Screen Candidates for the Consumer Affairs Commission, indicated that Mr. Louis Mayrant had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips 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 Louis Mayrant was elected to an at-large position on the Consumer Affairs Commission, Seat #1 for the term prescribed by law.

Election to the Consumer Affairs Commission
At-Large Position, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Consumer Affairs Commission, Seat #3.

Senator ALEXANDER, Chairman of the Committee to Screen Candidates for the Consumer Affairs Commission, indicated that Mr. Tony Macomson had been screened and found qualified to serve and placed his name in nomination.

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


Printed Page 2304 . . . . . Wednesday, May 7, 2003

Whereupon, the PRESIDENT announced that the Honorable Tony Macomson was elected to an at-large position on the Consumer Affairs Commission, Seat #3 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.

The Senate reassembled at 12:32 P.M.

DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

The Senate resumed consideration of the Bill, the question being the adoption of the Report of the Committee on Finance.

Senator HOLLAND spoke on the Bill.

Amendment No. 10

Senators MOORE and SETZLER proposed the following Amendment No. 10 (SEC1-EFA STUDENT COST):

Amend the Finance Committee amendment, as and if amended, page [3749-2], by inserting:

Amend the bill further, as and if amended, Part 1A, Section 1, DEPARTMENT OF EDUCATION, page 11, line 14, by:

COLUMN 7   COLUMN 8

/STRIKING:                         963,740,766   963,740,766

and INSERTING                   1,289,740,766   1,289,740,766/

Amend title, totals, and other necessary references to conform.

Senator MOORE explained the amendment.

On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the recess, with Senator MOORE retaining the floor.

RECESS

At 1:21 P.M., with Senator MOORE retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business until 2:00 P.M.


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AFTERNOON SESSION

The Senate reassembled at 2:12 P.M. and was called to order by the PRESIDENT Pro Tempore.

RECESS

At 2:12 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed fifteen minutes.

At 2:32 P.M., the Senate resumed.

ACTING PRESIDENT PRESIDES

At 2:32 P.M., Senator McCONNELL assumed the Chair.

DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 10 (SEC1-EFA STUDENT COST) proposed by Senators MOORE and SETZLER.

Senator MOORE continued explaining the amendment.

Senator LAND argued in favor of the adoption of the amendment.

Point of Quorum

At 2:34 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Grooms
Hawkins                   Hayes                     Holland
Hutto                     Knotts                    Kuhn
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Ravenel

Printed Page 2306 . . . . . Wednesday, May 7, 2003

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

Total--43

A quorum being present, the Senate resumed.

Recorded Presence

Senators RANKIN, JACKSON and GREGORY recorded their presence subsequent to the Call of the Senate.

Senator LAND argued in favor of the adoption of the amendment.

Senator SETZLER argued in favor of the adoption of the amendment.

Senator KUHN argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 4:46 P.M., the PRESIDENT assumed the Chair.

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

Senator MATTHEWS argued in favor of the adoption of the amendment.

Senator HUTTO argued in favor of the adoption of the amendment,

Senator LEATHERMAN argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 22; Nays 24

AYES

Alexander                 Branton                   Cromer
Fair                      Giese                     Gregory

Printed Page 2307 . . . . . Wednesday, May 7, 2003

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

Total--22

NAYS

Anderson                  Courson                   Drummond
Elliott                   Ford                      Glover
Grooms                    Holland                   Hutto
Jackson                   Knotts                    Land
Leventis                  Malloy                    Matthews
McGill                    Moore                     O'Dell
Patterson                 Pinckney                  Rankin
Reese                     Setzler                   Short

Total--24

The Senate refused to table the amendment.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table Amendment No. 10 because there is no revenue in the budget to fund it. The proponents of this amendment have promised to offer an amendment to raise the state's sales tax by 2 cents. Our state's economy is still recovering from an economic downturn. The Upstate area has been particularly hard hit by the loss of manufacturing jobs and the recent bankruptcy of Carolina Investors. A vote for this amendment would most assuredly require us to vote for a tax increase to fund it. As much as we would like to increase the base student cost funding, we cannot support increasing the tax burden on our citizens.

The question then was the adoption of the amendment.

Senator HAWKINS argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.


Printed Page 2308 . . . . . Wednesday, May 7, 2003

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

Ayes 23; Nays 22

AYES

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

Total--23

NAYS

Anderson                  Courson                   Drummond
Elliott                   Ford                      Glover
Holland                   Hutto                     Jackson
Land                      Leventis                  Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Rankin
Reese                     Setzler                   Short
Thomas

Total--22

The amendment was laid on the table.

Statement by Senator GROOMS

Funding for public education has and continues to be my number one priority. It has always been my mission to fully fund education and see to it that the vast majority of those funds make their way to the classroom. I have also dedicated my career to do this in the most fiscally responsible manner possible and to maintain our state's constitutional obligation to keep a balanced budget. Out of a sincere desire to increase funding for public education, I first voted not to table Amendment No. 10 in the General Appropriations Budget. However, after speaking with members of the Senate Finance Committee, it was


Printed Page 2309 . . . . . Wednesday, May 7, 2003

brought to my attention that this amendment would have sent our budget spiraling toward a deficit of over three hundred and twenty-six million dollars. In order to maintain my above stated commitment to a balanced budget and to meet our state's constitutional requirements, I could not in good conscience maintain my previous vote. A vote not to table this amendment would have also eliminated the property tax trust fund, essentially raising taxes on every home owner in our State, which I find unacceptable. I will continue to fight to fully fund education and maintain fiscally responsibility throughout the remainder of my career in public service to our State.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table Amendment No. 10 because there is no revenue in the budget to fund it. The proponents of this amendment have promised to offer an amendment to raise the state's sales tax by 2 cents. Our state's economy is still recovering from an economic downturn. The Upstate area has been particularly hard hit by the loss of manufacturing jobs and the recent bankruptcy of Carolina Investors. A vote for this amendment would most assuredly require us to vote for a tax increase to fund it. As much as we would like to increase the base student cost funding, we cannot support increasing the tax burden on our citizens.

Statement by Senators LEATHERMAN, ALEXANDER
BRANTON, CROMER, FAIR, GIESE, GREGORY GROOMS HAWKINS, HAYES, KNOTTS, KUHN, MARTIN McCONNELL MESCHER, PEELER, RAVENEL RICHARDSON, RITCHIE RYBERG, VERDIN and WALDREP

We voted to table this amendment to the General Appropriation Bill because without a corresponding tax decrease South Carolinians cannot afford the tax increase that this amendment would have led to during these difficult economic times. Further, during the Senate Session of Tuesday May 6, 2003, on two occasions, reflected in the Journal of the Senate on page 13 and on page 18, the Senator from Florence, Senator LEATHERMAN, moved to proceed to House Bill 3598, which is a Bill that would allow the Senate to debate and vote on revenue raising measures. However, as the Journal reflects, the Senator from Orangeburg, Senator HUTTO, objected; the Senator from Greenville, Senator THOMAS, made a similar request that is reflected in the Journal on page 17; this request was objected to by the Senator from


Printed Page 2310 . . . . . Wednesday, May 7, 2003

Clarendon, Senator LAND. Further, we believe, just like most families in South Carolina, we must know what funds we have before the Senate can decide if a program can be afforded.

Statement by Senator KNOTTS

Yesterday in seeking to understand better Amendment No. 10 of the General Appropriation Bill I was told that the aforementioned amendment would have increased funding for education to the tune of about three hundred and twenty-six million dollars as well as maintain the property tax trust fund, which is used to fund the homestead exemption for homeowners. I cast my first vote not to table the amendment with the idea that the previous mentioned statement was, in fact, true. However, when seeking further understanding of Amendment No. 10, I came to the conclusion that not only did Amendment No. 10 do away with the property tax trust fund, in essence rolling back the homestead exemption, it also sent our state's budget spiraling toward a deficit of over three hundred and twenty-six million dollars. As a fiscal conservative I cannot possibly support either matter. Unfortunately, it was not until after the second vote, which was for passage of Amendment No. 10, that I was comfortable with the explanation that was given to me. I went through extraordinary measures in order to insure that my vote was in the best interest of the people of my district. After seeking legal council, I was satisfied with the explanation only after I thoroughly studied this matter with extensive guidance from legal staff in the Judiciary Committee. Knowing what I know now, a vote for Amendment No. 10 was not in the best interest of the people I have been elected to represent.

Statement by Senator McCONNELL

Amendment No. 10 attempted to raise the Defined Minimum Program effort from $1,643 to $2,220 per student. While laudable on its face, there is no new money to pay for it. To pass this and not have the funding insures that property taxes on residences will climb upward. This is why.

Under S.C. law the Residential Property Tax Relief Fund only can be spent for property tax relief if we fully fund whatever the General Assembly sets in the Budget as the Defined Minimum Program. This amendment would increase the Defined Minimum Program far above what there is money in this Bill to pay. Thus, unless a large tax increase is passed to pay for this amendment, passage of this


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amendment without the funds will wipe out property tax relief in this Bill, raising the residential property tax of all South Carolinians.

Thus, the vote I cast was to preserve residential property tax relief and against a general sales tax increase. It was not against education.

Senator RICHARDSON spoke on the Bill.

Motion Adopted

On motion of Senator MARTIN, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.

On motion of Senator RICHARDSON, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:

Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Raymond J. Long, 310 Peachtree Road, Rock Hill, S.C. 29730

Having received a favorable report from the Lexington County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Rebecca L. Adams, 5 Hillstone Court, Columbia, S.C. 29212 VICE Llewellyn Hames

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Brian W. Jeffcoat, 253 Conrad Circle, Columbia, S.C. 29212 VICE Shirley M. Sons

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jamie T. Lucas, 351 Kitti Wake Dr., West Columbia, S.C. 29170


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Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gary S. Morgan, P.O. Box 1632, Lexington, S.C. 29071

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Thomas H. Rawl III, 304 South Lake Dr., Lexington, S.C. 29072

Initial Appointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gary W. Reinhart, 253 John Lindler Road, Chapin, S.C. 29036 VICE Gary S. Morgan (as unassigned magistrate)

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bruce Rutland, 650 Knox Abbott Drive, Cayce, S.C. 29033

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

William Gregory Shockley, 2029 Highway 178, Swansea, S.C. 29160

Reappointment, Lexington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Scott D. Whittle, 4601 Fish Hatchery Rd., Gaston, S.C. 29053

ADJOURNMENT

At 6:06 P.M., on motion of Senator RICHARDSON, the Senate adjourned to meet tomorrow at 10:00 A.M.

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