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

Thursday, March 25, 2004
(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 Senator J. VERNE SMITH.

RECESS

At 11:08 A.M., on motion of Senator MARTIN, the Senate receded from business until 11:13 A.M.

At 11:13 A.M., the Senate resumed.

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

Leave of Absence

On motion of Senator MOORE, at 11:05 A.M. Senator REESE was granted a leave of absence for today.

Leave of Absence

On motion of Senator GIESE, at 11:50 A.M. Senator J. VERNE SMITH was granted a leave of absence for the balance of the day.

RECALLED

S. 1039 (Word version) -- Senators Reese, Knotts, Drummond, Kuhn and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT STATE AGENCIES DO NOT PROVIDE GOODS AND SERVICES IN COMPETITION WITH PRIVATE BUSINESS, TO PROVIDE DEFINITIONS WITH RESPECT TO THIS POLICY, AND TO PROVIDE THOSE REQUIREMENTS NECESSARY FOR CONTRAVENING THIS POLICY.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the Committee on Finance.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Judiciary.

RECALLED

H. 4173 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN FAIRFIELD COUNTY THAT BEGINS AT THE INTERSECTION OF UNITED STATES HIGHWAY 321 BUSINESS AND UNITED STATES HIGHWAY 321 BY-PASS ON THE NORTH SIDE OF THE TOWN OF WINNSBORO AND ENDS AT THE FAIRFIELD/CHESTER COUNTY LINE WEBSTER ANDERSON UNITED STATES CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "WEBSTER ANDERSON CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY".

Senator GREGORY asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4882 (Word version) -- Reps. Cooper, Thompson, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 88 IN ANDERSON COUNTY FROM STATE HIGHWAY 81 TO U.S. HIGHWAY 178 AS THE "KIMBERLY HAMPTON MEMORIAL HIGHWAY" IN HONOR OF THE LATE CAPTAIN KIMBERLY HAMPTON OF EASLEY WHO LOST HER LIFE IN IRAQ WHILE PILOTING A HELICOPTER.

Senator O'DELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4290 (Word version) -- Reps. Thompson, Cooper, Frye, Martin, Stille, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA SECONDARY HIGHWAY 77 IN ANDERSON COUNTY FROM SOUTH CAROLINA HIGHWAY 20 TO BEAVER DAM ROAD (SOUTH CAROLINA SECONDARY HIGHWAY 75) IN HONOR OF MR. DAVID R. CHASTAIN AND TO INSTALL APPROPRIATE MARKERS ON SIGNS ON THE BRIDGE CONTAINING THE WORDS "DAVID R. CHASTAIN HIGHWAY".

Senator O'DELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1102 (Word version) -- Senators Moore and Alexander: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
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Read the first time and referred to the Committee on Judiciary.

S. 1103 (Word version) -- Senators Peeler, Hayes and Gregory: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
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Read the first time and referred to the Committee on Transportation.

S. 1104 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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Senator MARTIN spoke on the Resolution.

Read the first time and, on motion of Senator MARTIN, with unanimous consent, S. 1104 was ordered placed on the Calendar without reference.

S. 1104--Ordered to a Second and Third Reading

On motion of Senator MARTIN, with unanimous consent, S. 1104 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1105 (Word version) -- Senator Waldrep: A SENATE RESOLUTION TO REQUEST THAT AUGUST 14, 2004, BE DESIGNATED NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE CITIZENS, POLICY MAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.
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The Senate Resolution was introduced and referred to the General Committee.

H. 5015 (Word version) -- Rep. Frye: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SALUDA COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

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

H. 5026 (Word version) -- Reps. Walker and Mahaffey: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE HOLLY SPRINGS BAPTIST CHURCH OF SPARTANBURG COUNTY ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.

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

REPORTS OF STANDING COMMITTEES

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

S. 774 (Word version) -- Senators McConnell, Martin and Giese: A BILL TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT'S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.

Ordered for consideration tomorrow.

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

S. 906 (Word version) -- Senators Matthews, Hutto and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-90 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES TO USE THE PROVISIONS OF CHAPTER 2, TITLE 28 (EMINENT DOMAIN) TO ACQUIRE LAND FOR WHICH FUNDS ARE PROVIDED BY THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

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

S. 970 (Word version) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.

Ordered for consideration tomorrow.

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

S. 1041 (Word version) -- Senators Martin and Ritchie: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO REPEAL A PROVISION WHICH PROHIBITS WRITE-IN VOTES IN SPECIAL ELECTIONS AND MUNICIPAL GENERAL ELECTIONS.

Ordered for consideration tomorrow.

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

H. 4626 (Word version) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON 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 STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1101 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LUCY ROWE OF THE PLEASANT HILL COMMUNITY IN GEORGETOWN COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND TO HER BEST WISHES FOR MANY MORE HAPPY BIRTHDAYS TO COME.

Returned with concurrence.

Received as information.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4748 (Word version) -- Reps. Harvin and G.M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator LAND, with unanimous consent

THIRD READING BILLS

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

S. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

On motion of Senator SETZLER, with unanimous consent

S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

On motion of Senator SETZLER, with unanimous consent

S. 922 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

On motion of Senator SETZLER, with unanimous consent

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 934 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Senator HUTTO, with unanimous consent

S. 934--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 934 was ordered to receive a third reading on Friday, March 26, 2004.

CONSIDERATION INTERRUPTED

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

Objection

Senator MARTIN asked unanimous consent to make a motion to carry over the Bill until a Call of the Uncontested Calendar had been completed.

Senator RYBERG objected.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator KNOTTS argued contra to concurrence in the House amendments.

Motion Adopted

On motion of Senator HAYES, with unanimous consent, Senators ALEXANDER, GROOMS, MATTHEWS and HAYES were granted leave to attend a subcommittee meeting and be counted in any quorum calls.

Objection

With Senator KNOTTS retaining the floor, Senator HUTTO asked unanimous consent to make a motion that the Senate stand adjourned.

Senator MARTIN objected.

With Senator KNOTTS retaining the floor, Senator MARTIN, with unanimous consent, was recognized to make brief remarks.

With Senator KNOTTS retaining the floor, Senator HUTTO, with unanimous consent, was recognized to make brief remarks.

Senator KNOTTS argued contra to concurrence in the House amendments.

Objection

With Senator KNOTTS retaining the floor, Senator RITCHIE asked unanimous consent to make a motion under Rule 15A to set a time certain to vote on the entire matter of S. 356 at 12:00 Noon on Wednesday, March 31, 2004, allowing a total of twenty minutes each for proponents and opponents to discuss each amendment and proceed to a Call of the Uncontested Calendar.

Senator McCONNELL objected.

Senator KNOTTS continued arguing contra to concurrence in the House amendments.

Point of Quorum

At 12:14 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator KNOTTS continued arguing contra to concurrence in the House amendments.

On motion of Senator PEELER, with unanimous consent, consideration was interrupted by adjournment, with Senator KNOTTS retaining the floor.

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned in memory of Mrs. Nannie Mae Hendricks of Pickens, S.C., who recently passed away at the age of 104.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 26, 2004, it stand adjourned to meet next Tuesday, March 30, 2004, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:20 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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