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


Printed Page 454 . . . . . Tuesday, January 28, 2003

Tuesday, January 28, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from Genesis 4:36:

"Now therefore let Pharaoh select a man who is discerning and wise and set him over the land of Egypt."
Let us pray

Our Father, we pray especially this morning for our President, George W. Bush...a "discerning and wise man" with a multitude of advisors.

He will say the word as to whether we go to war, delay the war or go on stumbling about in a chaotic world.

YOU alone can give us peace!

St. John tells us about another man, who went about Galilee, the Judean hills, even in Bethlehem and Jerusalem (4:27) and said "Peace I leave with you; my peace I give to you..." and "Behold, I stand at the door...and knock..." He also spoke something about love!"

With a quivering world we pray, "Come, Lord Jesus, come quickly"!
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:

Statewide Appointments

Reappointment, Director, Department of Insurance, with term coterminous with Governor

Ernest N. Csiszar, 201 Holliday Road, Columbia, S.C. 29223

Referred to the Committee on Banking and Insurance.


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Initial Appointment, Director, Department of Corrections, with term coterminous with Governor

Jonathan E. Ozmint, 3600 Overcreek Road, Columbia, S.C. 29206 VICE Gary D. Maynard

Referred to the Committee on Corrections and Penology.

Initial Appointment, Director, Department of Revenue and Taxation, with term coterminous with Governor

Burnet R. Maybank III, 655 Old Plantation Road, Charleston, S.C. 29401 VICE Elizabeth A. Carpenter

Referred to the Committee on Finance.

Initial Appointment, Director, Department of Social Services, with term coterminous with Governor

Kim S. Aydlette, 100 Trentwood Drive, Columbia, S.C. 29223 VICE Elizabeth G. Patterson

Referred to the General Committee.

Initial Appointment, Director, Department of Juvenile Justice, with term coterminous with Governor

William R. Byars, Jr., 200 Hunt Trace, Camden, S.C. 29020 VICE Gina E. Wood

Referred to the Committee on Judiciary.

Initial Appointment, Director, Department of Labor, Licensing and Regulation, with term coterminous with Governor

Adrienne R. Youmans, 37 Running Fox Road, Columbia, S.C. 29223 VICE Rita M. McKinney

Referred to the Committee on Labor, Commerce and Industry.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:


Printed Page 456 . . . . . Tuesday, January 28, 2003

Document No. 2781
Agency: Department of Revenue
SUBJECT: Tax Regulation Reorganization
Received by Lieutenant Governor January 28, 2003
Referred to Finance Committee
Legislative Review Expiration May 28, 2003

Document No. 2807
Agency: Department of Revenue
SUBJECT: Alcoholic Liquors
Received by Lieutenant Governor January 28, 2003
Referred to Finance Committee
Legislative Review Expiration May 28, 2003

Doctor of the Day

Senator ELLIOTT introduced Dr. Richard A. Schmitt of Myrtle Beach, S.C., Doctor of the Day.

RECALLED

S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

Senator RAVENEL asked unanimous consent to make a motion to recall the Bill from the local delegation.

Senator RAVENEL asked that the Bill be placed on the Calendar for consideration tomorrow.

There was no objection.

RECALLED AND READ THE SECOND TIME

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


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THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the committee.

Senator J. VERNE SMITH asked unanimous consent to give the Resolution a second reading.

There was no objection.

H. 3327 -- Ordered to a Third Reading

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3327 was ordered to receive a third reading on Wednesday, January 29, 2003.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 261 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT AND HIS ELIGIBLE DEPENDENTS TO PARTICIPATE IN THE PLANS UPON PAYING THE FULL PREMIUM COST OF THEIR COVERAGE.
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Read the first time and referred to the Committee on Finance.

S. 262 (Word version) -- Senator Ford: A BILL PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY FROM ENACTING LOCAL OR SPECIAL LAWS, SO AS TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN A COUNTY UPON THE ENACTMENT OF AN ORDINANCE AUTHORIZING SUCH OPERATION OR POSSESSION, UPON THE FAVORABLE VOTE OF A MAJORITY OF THE MEMBERS


Printed Page 458 . . . . . Tuesday, January 28, 2003

OF THE COUNTY'S LEGISLATIVE DELEGATION, OR BY A PETITION SIGNED BY FIVE PERCENT OF THE COUNTY'S REGISTERED ELECTORS SUBJECT TO A FAVORABLE REFERENDUM.
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Read the first time and referred to the Committee on Judiciary.

S. 263 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FROM WHOM A DNA SAMPLE CAN BE TAKEN FOR THE PURPOSE OF CREATING AND MAINTAINING A STATE DNA DATABASE, SO AS TO REQUIRE A SAMPLE UPON INCARCERATION, AFTER THE CONVICTION OF ANY FELONY, OR UPON RELEASE FROM INCARCERATION; TO AMEND SECTION 23-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO TAKE DNA SAMPLES, SO AS TO PROVIDE FOR LIABILITY IN CASES OF NEGLIGENCE WHEN TAKING A BLOOD SAMPLE FOR THE PURPOSE OF OBTAINING A DNA SAMPLE; TO AMEND SECTION 23-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIFICATIONS AND PROCEDURES FOR DNA SAMPLES, SO AS TO MANDATE SECURE STORAGE AND CONFIDENTIALITY OF THE DNA SAMPLES; TO AMEND SECTION 23-3-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF DNA PROFILES AND PENALTIES FOR DISCLOSURE, SO AS TO MAKE DNA SAMPLES CONFIDENTIAL.
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Read the first time and referred to the Committee on Judiciary.

S. 264 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PARKING OF MOTOR VEHICLES ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO REMOVE THE REQUIREMENT THAT THE PROPERTY OWNER POST CONSPICUOUS NOTICE THAT PARKING IS PROHIBITED, TO PROVIDE THAT A TOWING COMPANY MAY NOTIFY THE LAW ENFORCEMENT AGENCY OF THE JURISDICTION FROM WHERE THE VEHICLE IS TOWED PURSUANT TO SECTION 56-5-2525, TO PROVIDE THAT THE SALE OF CERTAIN TOWED


Printed Page 459 . . . . . Tuesday, January 28, 2003

VEHICLES BE CONDUCTED IN ACCORDANCE WITH SECTION 29-15-10, AND TO REMOVE THE CONDITION THAT ANY SALE OF A TOWED VEHICLE PURSUANT TO THIS SECTION IS SUBJECT TO ANY OUTSTANDING LIENS RECORDED ON THE TITLE CERTIFICATE.
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Read the first time and referred to the Committee on Judiciary.

S. 265 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 5-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF CONDEMNATION BY A MUNICIPALITY, SO AS TO PROVIDE THAT THIS POWER DOES NOT INCLUDE OWNER-OCCUPIED RESIDENTIAL PROPERTY LOCATED OUTSIDE OF A MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 266 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AND MUNICIPAL BALLOT INITIATIVES, SO AS TO REQUIRE THAT A BALLOT INITIATIVE MUST BE REQUESTED BY AT LEAST FIVE INSTEAD OF FIFTEEN PERCENT OF THE QUALIFIED ELECTORS OF A COUNTY AND AT LEAST TEN INSTEAD OF FIFTEEN PERCENT OF THE REGISTERED VOTERS OF A MUNICIPALITY.
l:\council\bills\dka\3027dw03.doc

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

S. 267 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION OF THE GENERAL ASSEMBLY ENACTING LOCAL OR SPECIAL LAWS, SO AS TO ALLOW A COUNTY BY ORDINANCE, BY A VOTE OF A MAJORITY OF A COUNTY'S LEGISLATIVE DELEGATION OR A PETITION SIGNED BY FIVE PERCENT OF A COUNTY'S REGISTERED ELECTORS, SUBJECT TO A FAVORABLE REFERENDUM, TO AUTHORIZE THE


Printed Page 460 . . . . . Tuesday, January 28, 2003

OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 268 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS, BY ADDING ARTICLE 11 SO AS TO, AMONG OTHER THINGS, ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, TO ESTABLISH PENALTIES FOR VIOLATION; AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75, RELATING TO PROCEDURES FOR OBTAINING PERMISSION TO PRACTICE ACUPUNCTURE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 269 (Word version) -- Senator Pinckney: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MARCH 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.
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Senator PINCKNEY spoke on the Resolution.

Read the first time and, on motion of Senator PINCKNEY, with unanimous consent, S. 269 was ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator PINCKNEY, with unanimous consent, S. 269 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3407 (Word version) -- Reps. Harvin and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICKENBAKER FAMILY OF DAVIS STATION AS THE LAST COTTON GIN OPERATORS


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IN CLARENDON COUNTY AND FOR THEIR COMMITMENT TO THE COTTON INDUSTRY IN CLARENDON COUNTY.

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

HOUSE CONCURRENCE

S. 189 (Word version) -- Senators Courson, Knotts, Giese and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RONALD F. CONLEY, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 25, 2003.

Returned with concurrence.

Received as information.

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

COMMITTED

S. 251 (Word version) -- Senator Holland: A BILL TO AMEND ACT 868 OF 1954, AS AMENDED, RELATING TO THE MEMBERSHIP AND POWERS OF THE KERSHAW COUNTY HOSPITAL BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO MUST BE A PHYSICIAN AND WHO MUST BE APPOINTED BY THE KERSHAW COUNTY LEGISLATIVE DELEGATION UPON THE RECOMMENDATION OF A MAJORITY OF THE LICENSED PHYSICIANS RESIDING IN KERSHAW COUNTY.   Senator HOLLAND asked unanimous consent to commit the Bill to the local delegation.   There was no objection.   The Bill was committed to the Kershaw County Legislative Delegation.

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ranny Brown of Spartanburg, S.C.


Printed Page 462 . . . . . Tuesday, January 28, 2003

ADJOURNMENT

At 12:13 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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