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


Printed Page 2313 . . . . . Thursday, May 8, 2003

Thursday, May 8, 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, as we come to another Confederate Memorial Day, hear words from the Epistle to the Hebrews, Chapter 11 (13f):

"All these died in faith without having received the promises, but from a distance they saw... But, as it is, they desire a better country..."
Let us pray.

Father, we remember in great sadness, and in prayerful hope, the tragic years of the past... from which we have never recovered.

Help us to concentrate upon the problems of today... and tomorrow!

We give thanks for the overruling Providence that has healed some wounds!

Help us, as we face the future, to join our hands in prayer, and, living together as sisters and brothers, rejoice in the words of the Psalmist when he sang, (133:1):

"How very good and pleasant it is when kindred live together in unity!

It is like the precious oil on the head...

It is like the dew of (Mount) Hermon,

which falls on the mountains of Zion,

For there the Lord ordained His blessing, life forevermore."
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:


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Local Appointments

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

Robert Davenport, Jr., 2211 Zinker Road, Rock Hill, S.C. 29732

Reappointment, Richland County Master-in-Equity, with term to commence April 30, 2003, and to expire April 30, 2009

Joseph M. Strickland, Richland County Master-in-Equity, P.O. Box 192, Columbia, S.C. 29202

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2760
Agency: Department of Health and Environmental Control
SUBJECT: Statement of Policy, Specific Project Standards for Beaches and Dunes, Activities Allowed Seaward of Baseline (Permitting Critical Areas of the Coastal Zone)
Received by Lieutenant Governor January 14, 2003
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 13, 2003
Revised May 28, 2003
Withdrawn and Resubmitted May 8, 2003

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Leave of Absence

At 12:00 P.M., Senator COURSON requested a leave of absence beginning at 6:00 P.M. and lasting until 10:00 A.M. Monday morning.

CO-SPONSOR ADDED

S. 665 (Word version) -- Senators Richardson and Ritchie: 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


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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.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 665.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 691 (Word version) -- Senator Hayes: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF ALL YORK COUNTY SCHOOL DISTRICTS TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2003-2004.
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Read the first time and ordered placed on the local and uncontested Calendar.

S. 691 -- Ordered to a Second and Third Reading

On motion of Senator HAYES, with unanimous consent, S. 691 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 692 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.


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S. 693 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF A SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILS TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 694 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WASHINGTON STREET UNITED METHODIST CHURCH OF COLUMBIA ON THE OCCASION OF THE CHURCH'S BICENTENNIAL CELEBRATION DURING 2003 AND TO EXTEND OUR APPRECIATION FOR THE CHURCH'S SIGNIFICANT ROLE IN SHAPING THE LIVES OF MANY RESIDENTS OF COLUMBIA AND THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J. E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

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

H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62,


Printed Page 2317 . . . . . Thursday, May 8, 2003

CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE 'SALTWATER FISHING' SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

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

H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.

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

H. 4149 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY 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.

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

H. 4167 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF


Printed Page 2318 . . . . . Thursday, May 8, 2003

THE SOUTH CAROLINA GENERAL ASSEMBLY TO CARLOS AND JEAN GIBBONS OF CLARENDON COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON AUGUST 18, 2003, AND TO WISH THEM MANY YEARS OF CONTINUED HAPPINESS.

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

H. 4171 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. 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 PROCLAIM MAY 2003 AS LICENSED CHILDCARE AND PROVIDER APPRECIATION MONTH IN SOUTH CAROLINA.

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

H. 4172 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. JIM GASQUE OF COLUMBIA FOR HIS MANY ACCOMPLISHMENTS IN TEACHING DURING HIS CAREER AND ON RECEIVING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION'S 2003 UPPER SCHOOL TEACHER OF THE YEAR AWARD.

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


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H. 3206 -- CONFERENCE COMMITTEE APPOINTED

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)

Whereupon, Senators McCONNELL, MOORE, and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3361 -- CONFERENCE COMMITTEE APPOINTED

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.

Whereupon, Senators MARTIN, RANKIN and HAYES were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 6, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Local Appointment

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004

At-Large

Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621 VICE Willie Lee Catoe


Printed Page 2320 . . . . . Thursday, May 8, 2003

Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

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.

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 Joint Resolutions 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. 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 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.


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THIRD READING BILLS

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

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.

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 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. 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 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.

Motion to Ratify Adopted

At 10:42 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.


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There was no objection and a message was sent to the House accordingly.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO 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 the next ensuing divided item in the report proposed by the Committee on Finance.

Senator LEATHERMAN spoke on the Bill.

Senator MARTIN spoke on the Bill.

Point of Order

Senator MOORE raised a Point of Order that Senators should be addressed by their title and respective county and not their given names.

Senator HAWKINS spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement and admonished the Senators to observe the customs of the Senate.

Senator MARTIN continued speaking on the Bill.

Senator KUHN spoke on the Bill.

Senator THOMAS spoke on the Bill.

Senator HUTTO spoke on the Bill.

Amendment No. 13A

Senator MOORE proposed the following Amendment No. 13A (TEACH SALARY2.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 7, line 32, by:                                       COLUMN 7       COLUMN 8

/   STRIKING:   204,594,180   0

and


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INSERTING:   211,594,180   0/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Objection

Senator RYBERG 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 MATTHEWS objected.

Senator MOORE continued explaining Amendment No. 13A.

Senator LEATHERMAN argued contra to the adoption of the amendment.

Motion Adopted

On motion of Senator MARTIN, with unanimous consent, Senators KNOTTS, MARTIN, MALLOY, CROMER and HAWKINS were granted leave to attend a meeting of the Judiciary subcommittee and to be allowed to vote from the balcony.

Senator LEVENTIS 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 18

AYES

Alexander                 Branton                   Courson
Cromer                    Elliott                   Fair
Giese                     Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Kuhn                      Leatherman                Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ritchie

Printed Page 2324 . . . . . Thursday, May 8, 2003

Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep

Total--26

NAYS

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

Total--18

The amendment was laid on the table.

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.


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Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 8, 2003, at 12:00 Noon and the following Acts and Joint Resolutions were ratified:

(R65, S. 203 (Word version)) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: AN ACT TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77 SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH SPECIFIED PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY, AND SOCIALLY DISADVANTAGED STUDENTS.
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(R66, S. 224 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO


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PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.
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(R67, S. 360 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
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(R68, S. 419 (Word version)) -- Senators J. Verne Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: AN ACT TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.
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(R69, S. 447 (Word version)) -- Senators J. Verne Smith, Alexander, Reese and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE


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ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
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(R70, S. 463 (Word version)) -- Senators Leatherman and Patterson: AN ACT TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT TO RETAIN THE PROCEEDS OF ANY SALE OF THE PROPERTY.
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(R71, S. 479 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R72, S. 497 (Word version)) -- Senators Hayes, Peeler and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR MARKET VALUE OF THE AIRCRAFT.
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(R73, S. 552 (Word version)) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS


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CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
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(R74, S. 564 (Word version)) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.
L:\COUNCIL\ACTS\564SL03.DOC

(R75, S. 648 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\648AC03.DOC

(R76, H. 3218 (Word version)) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.
L:\COUNCIL\ACTS\3218HTC03.DOC

(R77, H. 3233 (Word version)) -- Reps. Talley, Altman, Walker and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
L:\COUNCIL\ACTS\3233SL03.DOC

(R78, H. 3303 (Word version)) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: AN ACT TO


Printed Page 2329 . . . . . Thursday, May 8, 2003

AMEND SECTION 50-11-310(E), AS AMENDED, OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.
L:\COUNCIL\ACTS\3303AC03.DOC

(R79, H. 3613 (Word version)) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: AN ACT TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO TAKE OR CAPTURE DESTRUCTIVE FURBEARING ANIMALS OR OTHER DESTRUCTIVE GAME ANIMALS, SO AS TO FURTHER PROVIDE FOR THE RESTRICTIONS ON SUCH PERMITS AND REPORTING REQUIREMENTS PERTAINING TO THE PERMITS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THERE IS NO CLOSED SEASON FOR BEAVER ON PRIVATE LANDS; AND TO REPEAL SECTION 50-11-130 RELATING TO PENALTIES FOR HUNTING WITH FIREARMS IN GAME ZONE 9 DURING SPECIFIC TIMES.
L:\COUNCIL\ACTS\3613SD03.DOC

(R80, H. 3722 (Word version)) -- Reps. Jennings, Bales and Limehouse: AN ACT TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN


Printed Page 2330 . . . . . Thursday, May 8, 2003

VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.
L:\COUNCIL\ACTS\3722CM03.DOC

(R81, H. 3743 (Word version)) -- Rep. Anthony: AN ACT TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
L:\COUNCIL\ACTS\3743DW03.DOC

(R82, H. 3837 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.
L:\COUNCIL\ACTS\3837SD03.DOC

(R83, H. 3902 (Word version)) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: AN ACT TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS, UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SPECIAL AGENTS, AND UNITED STATES NATIONAL MARINE FISHERIES SPECIAL AGENTS.
L:\COUNCIL\ACTS\3902CM03.DOC

(R84, H. 3906 (Word version)) -- Rep. Keegan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
L:\COUNCIL\ACTS\3906DW03.DOC


Printed Page 2331 . . . . . Thursday, May 8, 2003

(R85, H. 3927 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3927AC03.DOC

(R86, H. 3933 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3933AC03.DOC

(R87, H. 3934 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3934AC03.DOC

The Senate resumed consideration of H. 3749, the General Appropriation Bill.

Amendment No. 49

Senator MOORE proposed the following Amendment No. 49 (GOVS SCHOOL-A&H.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 12, by inserting after line 38 an appropriately numbered program to read:

COLUMN 7   COLUMN 8

/Base Budget Restoration   420,000   420,000/


Printed Page 2332 . . . . . Thursday, May 8, 2003

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

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                  Drummond                  Ford
Holland                   Hutto                     Jackson
Land                      Leventis                  Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Reese
Setzler                   Short

Total--17

The amendment was laid on the table.


Printed Page 2333 . . . . . Thursday, May 8, 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.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.

Amendment No. 15

Senator MOORE proposed the following Amendment No. 15 (SEC1-FIRST STEPS), which was tabled:

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


Printed Page 2334 . . . . . Thursday, May 8, 2003

Amend the bill further, as and if amended, Part 1A, Section 1, DEPARTMENT OF EDUCATION, page 13, line 34, by:

COLUMN 7   COLUMN 8

/STRIKING:                         21,831,325     18,174,321

and INSERTING:                     37,731,325     34,074,321 /

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

Senator MOORE explained the amendment.

Senator LEATHERMAN spoke on the amendment.

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

Senator SHORT argued in favor of 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 27; Nays 18

AYES

Alexander                 Branton                   Courson
Cromer                    Elliott                   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--27

NAYS

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

Total--18


Printed Page 2335 . . . . . Thursday, May 8, 2003

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.

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.


Printed Page 2336 . . . . . Thursday, May 8, 2003

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

RECESS

At 12:58 P.M., on motion of Senator McCONNELL, the Senate receded from business until 1:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 1:39 P.M. and was called to order by the PRESIDENT Pro Tempore.

DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

The Senate proceeded to a consideration of the Bill, the question being the adoption of the next ensuing divided item in the report proposed by the Committee on Finance.

Point of Quorum

At 1:40 P.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 HUTTO 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                     Gregory                   Grooms
Hawkins                   Hayes                     Holland
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 Mescher
Moore                     Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie

Printed Page 2337 . . . . . Thursday, May 8, 2003

Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

Amendment No. 48

Senator MOORE proposed the following Amendment No. 48 (GOVS SCHOOL-S&M.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 10, by inserting after line 38 an appropriately numbered program to read:

COLUMN 7   COLUMN 8

/Base Budget Restoration   80,000   80,000/

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 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 16

AYES

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

Total--26


Printed Page 2338 . . . . . Thursday, May 8, 2003

NAYS

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

Total--16

The amendment was laid on the table.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.

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


Printed Page 2339 . . . . . Thursday, May 8, 2003

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.

Amendment No. 21A

Senator MOORE proposed the following Amendment No. 21A (AMD3749-9), which was tabled:

Amend the committee amendment further, as and if amended, [3749-3] by striking the amendment to page 15 after line 10.

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

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 23; Nays 17

AYES

Alexander                 Branton                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hawkins                   Hayes
Knotts                    Kuhn                      Leatherman
Martin                    McConnell                 Mescher
Peeler                    Richardson                Ritchie

Printed Page 2340 . . . . . Thursday, May 8, 2003

Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep

Total--23

NAYS

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leventis                  Malloy
Matthews                  Moore                     Patterson
Pinckney                  Rankin                    Reese
Setzler                   Short

Total--17

The amendment was laid on the table.

Statement by Senator SETZLER

I voted not to table because I want to fund the tuition assistance out of more secure funds than unclaimed prize funds.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.


Printed Page 2341 . . . . . Thursday, May 8, 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.

Amendment No. 22

Senator MOORE proposed the following Amendment No. 22 (AMD3749-8), which was tabled:

Amend the committee amendment, as and if amended, [3749-2] by striking the amendment to page 15 line 10 and inserting:

"Amending the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 10 by:

COLUMN 7   COLUMN 8

/   STRIKING

and

INSERTING               33,000,000         /"

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator LEATHERMAN spoke on the amendment.


Printed Page 2342 . . . . . Thursday, May 8, 2003

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 23; Nays 17

AYES

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

Total--23

NAYS

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leventis                  Malloy
Matthews                  Moore                     Patterson
Pinckney                  Rankin                    Reese
Setzler                   Short

Total--17

The amendment was laid on the table.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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 this item, we cannot support increasing the tax burden on our citizens.


Printed Page 2343 . . . . . Thursday, May 8, 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.

Item 12

Amend the bill further, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 10, by:

COLUMN 7   COLUMN 8

/   STRIKING:

and

INSERTING:   28,000,000   /

Senator LEATHERMAN moved to carry over Item 12.

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

Ayes 26; Nays 15

AYES

Alexander                 Branton                   Courson
Cromer                    Elliott                   Fair

Printed Page 2344 . . . . . Thursday, May 8, 2003

Giese                     Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Kuhn                      Leatherman                Martin
McConnell                 Mescher                   Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep

Total--26

NAYS

Anderson                  Drummond                  Ford
Hutto                     Jackson                   Land
Leventis                  Malloy                    Matthews
Moore                     Patterson                 Pinckney
Reese                     Setzler                   Short

Total--15

Item No. 12 was carried over.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

Point of Order

Senator MOORE raised a Point of Order that under Rule 13 an Expression of Personal Interest was limited to a total of five minutes.

The ACTING PRESIDENT sustained the Point of Order.

Objection

Senator RICHARDSON asked unanimous consent to take up Amendment No. 116 for immediate consideration.

Senator HUTTO objected.

Amendment No. 20

Senator MOORE proposed the following Amendment No. 20 (AMD3749-10), which was carried over:

Amend the committee amendment further, as and if amended, [3749-3] by striking the amendment to page 15 line 12 and inserting:

"Amending the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 12 by:


Printed Page 2345 . . . . . Thursday, May 8, 2003

COLUMN 7   COLUMN 8

/   STRIKING

and

INSERTING                         6,000,000         /"

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

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

PRESIDENT PRESIDES

At 4:00 P.M., the PRESIDENT assumed the Chair.

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

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

On motion of Senator PINCKNEY, with unanimous consent, Amendment No. 20 was carried over.

Amendment No. 19

Senator MOORE proposed the following Amendment No. 19 (AMD3749-12), which was tabled:

Amend the committee amendment, as and if amended, [3749-3] by striking the amendment to page 15 line 13 and inserting:

"Amending the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 13 by:

COLUMN 7   COLUMN 8

/   STRIKING

and

INSERTING   3,000,000   / "

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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


Printed Page 2346 . . . . . Thursday, May 8, 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 24; Nays 17

AYES

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

Total--24

NAYS

Anderson                  Drummond                  Elliott
Ford                      Jackson                   Land
Leventis                  Malloy                    Matthews
McGill                    Moore                     Patterson
Pinckney                  Rankin                    Reese
Setzler                   Short

Total--17

The amendment was laid on the table.

Statement by Senators MARTIN, J. VERNE SMITH and ALEXANDER

We voted to table the amendment 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


Printed Page 2347 . . . . . Thursday, May 8, 2003

to fund it. As much as we would like to increase this item, we cannot support increasing the tax burden on our citizens.

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.

Senator KNOTTS spoke on the Bill.

On motion of Senator KNOTTS, 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

Robert Davenport, Jr., 2211 Zinker Road, Rock Hill, S.C. 29732


Printed Page 2348 . . . . . Thursday, May 8, 2003

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

Reappointment, Richland County Master-in-Equity, with term to commence April 30, 2003, and to expire April 30, 2009

Joseph M. Strickland, Richland County Master-in-Equity, P.O. Box 192, Columbia, S.C. 29202

Statewide Appointment

Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004

At-Large

Bryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621 VICE Willie Lee Catoe

Statement by Senator LAND

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator HUTTO

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator MALLOY

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator HAWKINS

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and


Printed Page 2349 . . . . . Thursday, May 8, 2003

voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator WALDREP

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator RANKIN

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator HAYES

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Statement by Senator SETZLER

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Lyndon to the Worker's Compensation Commission.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Monday, May 12, 2003, it stand adjourned to meet next Tuesday, May 13, 2003, at 11:00 A.M., which motion was adopted.

ADJOURNMENT

At 5:41 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, May 12, 2003, 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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