TUESDAY, JANUARY 14, 2003

Tuesday, January 14, 2003

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 14th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o’clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, hear words from the Prophet Jeremiah at a period in history of national and international turmoil, Jeremiah 6:16:

“Thus says the Lord; stand at the crossroads, and look, and ask for the ancient paths where the good-way lies; and walk in it, and find rest for your souls.” Let us pray.

Father, whether in ancient times or in our modern days, others have spoken of “turning crises into opportunities.” Others have told us that “man’s extremities are God’s opportunities.” But Father, we sense danger today, and no human being can guess what will happen before this session ends.

We pray for Divine guidance and strength beyond our own as we pray together the prayer taught by the Man-from-Galilee: “Our Father who art in Heaven: Hallowed be Thy Name. Thy Kingdom come, Thy will be done, on earth as it is in Heaven. Give us this day our daily bread; and forgive us our trespasses as we forgive those who trespass against us; and lead us not into temptation, but deliver us from evil; for Thine is the Kingdom, and the Power and the Glory, forever and ever.” Amen.

Motion Adopted

Senator McCONNELL made a motion to adopt the following Agenda of Business:

Agenda of Business

January 14, 2003

1.Call to Order by the PRESIDENT

2.Prayer

3.Pledge of Allegiance

  1. Receipt of Communications

5.Election of Officers

6.Members select seat assignments

7.Members select committee assignments

8.PRESIDENT appoints committees to inform the House and Governor that the Senate has organized

9.Introduction of Bills and Resolutions

10.Regular Order of Business

Election of Senate Officers

On motion of Senator LEATHERMAN, the Senate proceeded to the Election of Officers.

Election of the PRESIDENT PRO TEMPORE

The PRESIDENT announced that nominations for the PRESIDENT Pro Tempore were in order.

Senator LEATHERMAN nominated Senator McCONNELL as PRESIDENT Pro Tempore.

Senator MOORE seconded the nomination.

Senator MARTIN moved that the nominations be closed and that Senator McCONNELL be elected PRESIDENT Pro Tempore.

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

Ayes 45; Nays 0

AYES

AlexanderAndersonBauer

BrantonCoursonDrummond

ElliottFairFord

GieseGloverGregory

GroomsHawkinsHayes

HollandHuttoJackson

KnottsKuhnLand

LeathermanLeventisMalloy

MartinMatthewsMcGill

MescherMooreO'Dell

PattersonPeelerPinckney

RankinRavenelReese

RichardsonRitchieRyberg

SetzlerShortSmith, J. Verne

ThomasVerdinWaldrep

Total--45

NAYS

Total--0

Senator McCONNELL was elected PRESIDENT Pro Tempore.

Administration of the Oath of Office

The PRESIDENT Pro Tempore presented himself at the Bar and the oath of office was administered by the PRESIDENT.

Presentation of Ceremonial Robe

On motion of Senator COURSON, the PRESIDENT Pro Tempore was escorted to the podium by Senators J. VERNE SMITH, LEATHERMAN, LAND, HOLLAND and DRUMMOND and was presented a ceremonial robe.

On motion of Senator McCONNELL, the following individuals were nominated for the respective positions and elected en banc:

On motion of Senator McCONNELL, with unanimous consent, the name of Mr. Jeffrey S. Gossett was placed in nomination as Clerk; the name of Mr. John O. Wienges was placed in nomination as Reading Clerk; the name of Mr. James R. Melton was placed in nomination as Sergeant-at-Arms; and the name of Reverend George E. Meetze was placed in nomination as Chaplain.

The following individuals were elected en banc by acclamation:

ClerkMr. Jeffrey Stephen Gossett

Reading Clerk Mr. John Othniel Wienges

Chaplain Reverend George Elias Meetze

Sgt.-at-Arms Mr. James R. Melton

Administration of the Oath of Office

On motion of Senator McCONNELL, with unanimous consent, the Clerk, Reading Clerk, Chaplain and Sergeant-at-Arms presented themselves at the Bar and the oath of office was administered by the PRESIDENT.

Clerk's Appointments

The Clerk announced the following appointments:

Mr. Michael HitchcockAssistant Clerk

Mrs. Darlene M. Griggs Administrative Assistant

Mrs. Joyce D. Reid Administrative Assistant

Mrs. Agnes H. Walker General Desk Clerk

Mrs. Cynthia C. Aiken Calendar Clerk

Mrs. Betty Graham Chief Administrative

Assistant to the Clerk of

the Senate

Mrs. Beth Dworjanyn Director of Senate Finance

Mrs. Jean Tisdale Bookkeeping

Mrs. Jean Padgett Payroll/Personnel Specialist

Ms. Alicia Eatmon Bill Clerk

Ms. Susan H. Edwards Assistant Bill Clerk

SEATING SELECTIONS

Pursuant to Rule 4B, Senator McCONNELL moved that the Senate proceed to seating selections.

The Reading Clerk called the seniority roll for the purpose of seating selections as follows:

Seat 1Senator McConnell

Seat 2Senator J. Verne Smith

Seat 3Senator Leatherman

Seat 4Senator Giese

Seat 5Senator Gregory

Seat 6Senator Courson

Seat 7Senator Peeler

Seat 8Senator Thomas

Seat 9Senator Hayes

Seat 10Senator Ryberg

Seat 11Senator Richardson

Seat 12Senator Fair

Seat 13Senator O’Dell

Seat 14Senator Martin

Seat 15Senator Grooms

Seat 16Senator Branton

Seat 17Senator Mescher

Seat 18Senator Verdin

Seat 19Senator Alexander

Seat 20Senator Waldrep

Seat 21Senator Ravenel

Seat 22Senator Hawkins

Seat 23Senator Ritchie

Seat 24Senator Land

Seat 25Senator Holland

Seat 26Senator Drummond

Seat 27Senator Leventis

Seat 28Senator McGill

Seat 29Senator Moore

Seat 30Senator Setzler

Seat 31Senator Patterson

Seat 32Senator Matthews

Seat 33Senator Short

Seat 34Senator Hutto

Seat 35Senator Rankin

Seat 36Senator Reese

Seat 37Senator Elliott

Seat 38Senator Pinckney

Seat 39(vacant)

Seat 40Senator Kuhn

Seat 41Senator Knotts

Seat 42Senator Malloy

Seat 43Senator Jackson

Seat 44Senator Anderson

Seat 45Senator Glover

Seat 46 Senator Ford

The Senate proceeded to a selection of Standing Committees.

SELECTION OF

STANDING COMMITTEES OF THE SENATE

AGRICULTURE AND NATURAL RESOURCES

Waldrep, Robert L., Jr., Chairman

Leventis, Phil

Peeler, Harvey S., Jr.

Matthews, John W., Jr.

McGill, J. Yancey

Glover, Maggie W.

Hutto, C. Bradley

Ravenel, Arthur

Grooms, Larry R.

Elliott, Dick

Verdin, Danny

Pinckney, Clementa C.

Kuhn, John R.

Martin, Larry A.

Knotts, John M. “Jake”, Jr.

Fair, Michael

Malloy, Gerald

BANKING AND INSURANCE

Thomas, David L., Chairman

Leatherman, Hugh K.

McConnell, Glenn F.

Setzler, Nikki

Courson, John E.

Matthews, John W., Jr.

Patterson, Kay

Reese, Glenn G.

Hayes, Robert W., Jr.

Jackson, Darrell

Martin, Larry A.

Rankin, Luke

Alexander, Thomas C.

Richardson, Scott H.

Ford, Robert

Ritchie, James H., Jr.

Short, Linda H.

CORRECTIONS AND PENOLOGY

Fair, Michael L., Chairman

Thomas, David L.

Giese, Warren K.

Patterson, Kay

Ford, Robert

Glover, Maggie W.

Gregory, Greg

Ryberg, Greg

Anderson, Ralph

Holland, Donald H.

Branton, William S., Jr.

Hawkins, John D.

Pinckney, Clementa C.

Knotts, John M. “Jake”, Jr.

Land, John C.

Ravenel, Arthur

Malloy, Gerald

EDUCATION

Giese, Warren K., Chairman

Setzler, Nikki

Matthews, John W., Jr.

Courson, John E.

Hayes, Robert W., Jr.

Glover, Maggie W.

Mescher, William C.

Rankin, Luke A.

Short, Linda H.

Waldrep, Robert L., Jr.

Anderson, Ralph

O’Dell, William H.

Patterson, Kay

Gregory, Greg

Fair, Michael L.

Peeler, Harvey S.

Grooms, Larry

ETHICS

Hayes, Robert, Chairman

Leatherman, Hugh K.

McConnell, Glenn F.

Courson, John E.

Giese, Warren K.

Leventis, Phil P.

Matthews, John

Land, John C. III

Moore, Thomas L.

Reese, Glenn G.

FINANCE

Leatherman, Hugh K., Chairman

Drummond, John

Smith, J. Verne

Land, John C. III

Setzler, Nikki

Leventis, Phil

Peeler, Harvey S., Jr.

Giese, Warren K.

Thomas, David L.

Patterson, Kay

McGill, J. Yancey

Courson, John E.

Matthews, John W., Jr.

O'Dell, William H.

Reese, Glenn G.

Hayes, Robert W., Jr.

Ryberg, Greg

Short, Linda H.

Alexander, Thomas C.

Ravenel, Arthur

Branton, William S.

Grooms, Larry R.

Pinckney, Clementa C.

FISH, GAME AND FORESTRY

Gregory, Greg, Chairman

Drummond, John

Holland, Donald H.

Land, John C. III

McGill, J. Yancey

Elliott, Dick

Waldrep, Robert L., Jr.

Moore, Thomas L.

Hutto, C. Bradley

Ravenel, Arthur

Branton, William S., Jr.

Grooms, Larry R.

Kuhn, John R.

Richardson, Scott H.

Knotts, John M. “Jake”, Jr.

Jackson, Darrell

Verdin, Danny

GENERAL COMMITTEE

Mescher, William, Chairman

Holland, Donald H.

O'Dell, William H.

Martin, Larry A.

Alexander, Thomas C.

Ryberg, Greg

Richardson, Scott H.

Patterson, Kay

McGill, J. Yancey

Hayes, Robert W., Jr.

Elliott, Dick

Hawkins, John D.

Leventis, Phil

McConnell, Glenn F.

Thomas, David L.

Reese, Glenn G.

Short, Linda H.

INTERSTATE COOPERATION

Smith, J. Verne, Chairman

Drummond, John

Leatherman, Hugh K.

Holland, Donald H.

Setzler, Nikki

INVITATIONS

Courson, John E., Chairman

Matthews, John W., Jr.

Patterson, Kay

O'Dell, William H.

McGill, J. Yancey

Alexander, Thomas C.

Peeler, Harvey S.

Kuhn, John R.

Reese, Glenn G.

Knotts, John M. “Jake”, Jr.

Waldrep, Robert L.

JUDICIARY

McConnell, Glenn F., Chairman

Holland, Donald H.

Moore, Thomas L.

Ford, Robert

Glover, Maggie W.

Gregory, Greg

Jackson, Darrell

Martin, Larry A.

Mescher, William

Rankin, Luke

Elliott, Dick

Waldrep, Robert

Fair, Michael L.

Hutto, C. Bradley

Anderson, Ralph

Richardson, Scott H.

Hawkins, John D.

Ritchie, James H., Jr.

Verdin, Danny

Kuhn, John R.

Knotts, John M. “Jake”, Jr.

Malloy, Gerald

LABOR, COMMERCE AND INDUSTRY

Smith, J. Verne, Chairman

Drummond, John

Setzler, Nikki

Leventis, Phil

McConnell, Glenn F.

Moore, Thomas L.

O'Dell, William H.

Reese, Glenn G.

Ford, Robert

Mescher, William

Ryberg, Greg

Alexander, Thomas C.

Leatherman, Hugh K.

Branton, William S., Jr.

Hawkins, John D.

Verdin, Danny

Jackson, Darrell

MEDICAL AFFAIRS

Peeler, Harvey S., Jr., Chairman

Smith, J. Verne

Moore, Thomas L.

Courson, John E.

Giese, Warren K.

Thomas, David L.

Hayes, Robert W., Jr.

Jackson, Darrell

Short, Linda H.

Fair, Michael L.

Hutto, C. Bradley

Anderson, Ralph

Branton, William S., Jr.

Ford, Robert

Pinckney, Clementa C.

Glover, Maggie W.

Ritchie, James H., Jr.

RULES

Martin, Larry A., Chairman

Smith, J. Verne

McConnell, Glenn F.

Reese, Glenn G.

Land, John C. III

Moore, Thomas L.

Alexander, Thomas C.

Hutto, C. Bradley

Anderson, Ralph

Ritchie, James H., Jr.

Setzler, Nikki G.

Matthews, John W., Jr.

Kuhn, John R.

Knotts, John M. “Jake”, Jr.

Peeler, Harvey S.

Leatherman, Hugh K.

Malloy, Gerald

TRANSPORTATION

Ryberg, Greg, Chairman

Land, John C. III

Leatherman, Hugh K.

Leventis, Phil

McGill, J. Yancey

Elliott, Dick

Rankin, Luke

Grooms, Larry A.

Richardson, Scott H.

Hawkins, John D.

Ritchie, James H., Jr.

Verdin, Danny

Drummond, John

Ravenel, Arthur

Pinckney, Clementa C.

Kuhn, John R.

Malloy, Gerald

COMMITTEE ASSIGNMENTS OF THE SENATE

ALEXANDER, THOMAS C.

Banking and Insurance

Finance

General

Invitations

Labor, Commerce and Industry

Rules

ANDERSON, RALPH

Corrections and Penology

Education

Judiciary

Medical Affairs

Rules

BRANTON, WILLIAM S., JR.

Corrections and Penology

Finance

Fish, Game and Forestry

Labor, Commerce and Industry

Medical Affairs

COURSON, JOHN E.

Banking and Insurance

Education

Ethics

Finance

Invitations, Chairman

Medical Affairs

DRUMMOND, JOHN

Finance

Fish, Game and Forestry

Interstate Cooperation

Labor, Commerce and Industry

Transportation

ELLIOTT, DICK

Agriculture & Natural Resources

Fish, Game and Forestry

General

Judiciary

Transportation

FAIR, MICHAEL L.

Agriculture & Natural Resources

Corrections and Penology, Chairman

Education

Judiciary

Medical Affairs

FORD, ROBERT

Banking and Insurance

Corrections and Penology

Judiciary

Labor, Commerce and Industry

Medical Affairs

GIESE, WARREN K.

Corrections and Penology

Education, Chairman

Ethics

Finance

Medical Affairs

GLOVER, MAGGIE W.

Agriculture and Natural Resources

Corrections and Penology

Education

Judiciary

Medical Affairs

GREGORY, GREG

Corrections and Penology

Education

Fish, Game and Forestry, Chairman

Judiciary

GROOMS, LARRY R.

Agriculture and Natural Resources

Education

Fish, Game and Forestry

Finance

Transportation

HAWKINS, JOHN D.

Corrections and Penology

General

Judiciary

Labor, Commerce and Industry

Transportation

HAYES, ROBERT W., JR.

Banking and Insurance

Education

Ethics, Chairman

Finance

General

Medical Affairs

HOLLAND, DONALD H.

Corrections and Penology

Fish, Game and Forestry

General

Interstate Cooperation

Judiciary

HUTTO, C. BRADLEY

Agriculture and Natural Resources

Fish, Game and Forestry

Judiciary

Medical Affairs

Rules

JACKSON, DARRELL

Banking and Insurance

Fish, Game and Forestry

Judiciary

Labor, Commerce and Industry

Medical Affairs

KNOTTS, JOHN M. “JAKE”, JR.

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

Invitations

Judiciary

Rules

KUHN, JOHN R.

Agriculture and Natural Resources

Fish, Game and Forestry

Invitations

Judiciary

Rules

Transportation

LAND, JOHN C. III

Corrections & Penology

Ethics

Finance

Fish, Game and Forestry

Rules

Transportation

LEATHERMAN, HUGH K.

Banking and Insurance

Ethics

Finance, Chairman

Interstate Cooperation

Labor, Commerce and Industry

Rules

Transportation

LEVENTIS, PHIL

Agriculture and Natural Resources

Ethics

Finance

General Committee

Labor, Commerce and Industry

Transportation

MALLOY, GERALD

Agriculture and Natural Resources

Corrections and Penology

Judiciary

Rules

Transportation

MARTIN, LARRY A.

Agriculture and Natural Resources

Banking and Insurance

General

Judiciary

Rules, Chairman

MATTHEWS, JOHN W., JR.

Agriculture and Natural Resources

Banking and Insurance

Education

Ethics

Finance

Invitations

Rules

McCONNELL, GLENN F.

Banking and Insurance

Ethics

General

Judiciary, Chairman

Labor, Commerce and Industry

Rules

McGILL, J. YANCEY

Agriculture and Natural Resources

Finance

Fish, Game and Forestry

General

Invitations

Transportation

MESCHER, WILLIAM

Education

General, Chairman

Judiciary

Labor, Commerce and Industry

MOORE, THOMAS L.

Ethics

Fish, Game and Forestry

Judiciary

Labor, Commerce and Industry

Medical Affairs

Rules

O'DELL, WILLIAM H.

Education

Finance

General

Invitations

Labor, Commerce and Industry

PATTERSON, KAY

Banking and Insurance

Corrections and Penology

Education

Finance

General

Invitations

PEELER, HARVEY S., JR.

Agriculture and Natural Resources

Education

Finance

Invitations

Medical Affairs, Chairman

Rules

PINCKNEY, CLEMENTA C.

Agriculture and Natural Resources

Corrections and Penology

Finance

Medical Affairs

Transportation

RANKIN, LUKE

Banking and Insurance

Education

Judiciary

Transportation

RAVENEL, ARTHUR

Agriculture and Natural Resources

Corrections and Penology

Finance

Fish, Game and Forestry

Transportation

REESE, GLENN G.

Banking and Insurance

Ethics

Finance

General

Invitations

Labor, Commerce and Industry

Rules

RICHARDSON, SCOTT H.

Banking and Insurance

Fish, Game and Forestry

General

Judiciary

Transportation

RITCHIE, JAMES H., JR.

Banking and Insurance

Judiciary

Medical Affairs

Rules

Transportation

RYBERG, GREG

Corrections and Penology

Finance

General

Labor, Commerce and Industry

Transportation, Chairman

SETZLER, NIKKI

Banking and Insurance

Education

Finance

Interstate Cooperation

Labor, Commerce and Industry

Rules

SHORT, LINDA H.

Banking and Insurance

Education

Finance

General

Medical Affairs

SMITH, J. VERNE

Finance

Interstate Cooperation

Labor, Commerce and Industry, Chairman

Medical Affairs

Rules

THOMAS, DAVID L.

Banking and Insurance, Chairman

Corrections and Penology

Finance

General

Medical Affairs

VERDIN, DANNY

Agriculture and Natural Resources

Fish, Game and Forestry

Judiciary

Labor, Commerce and Industry

Transporation

WALDREP, ROBERT L., Jr.

Agriculture and Natural Resources, Chairman

Education

Fish, Game and Forestry

Invitations

Judiciary

STANDING COMMITTEE CHAIRMEN

Pursuant to Rule 19, the following members are designated as Standing Committee Chairmen:

AGRICULTURE AND NATURAL RESOURCES COMMITTEE

Senator Waldrep

BANKING AND INSURANCE COMMITTEE

Senator Thomas

CORRECTIONS AND PENOLOGY COMMITTEE

Senator Fair

EDUCATION COMMITTEE

Senator Giese

ETHICS COMMITTEE

Senator Hayes

FINANCE COMMITTEE

Senator Leatherman

FISH, GAME AND FORESTRY COMMITTEE

Senator Gregory

GENERAL COMMITTEE

Senator Mescher

INTERSTATE COOPERATION COMMITTEE

Senator J. Verne Smith

INVITATIONS COMMITTEE

Senator Courson

JUDICIARY COMMITTEE

Senator McConnell

LABOR, COMMERCE AND INDUSTRY COMMITTEE

Senator J. Verne Smith

MEDICAL AFFAIRS COMMITTEE

Senator Peeler

RULES COMMITTEE

Senator Martin

TRANSPORTATION COMMITTEE

Senator Ryberg

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

COMMUNICATION

The Senate of South Carolina

Post Office Box 142

Columbia, SC 29202

December 12, 2002

The Honorable Robert L. Peeler

President of the Senate

Post Office Box 142

Columbia, South Carolina 29202

Dear Mr. President:

It has been my distinct honor and privilege to represent the citizens of District 18 in the South Carolina Senate since 1999. However, it is with great anticipation that I look forward to assuming the duties of South Carolina’s Lieutenant Governor.

In an effort to assure that the citizens of District 18 have the opportunity to choose a new Senator at the earliest possible date, I hereby offer my irrevocable resignation under the provisions of South Carolina Code §8-1-145 to be effective at 12:00 noon on January 15, 2003.

Sincerely,

/s/André Bauer

cc:Glenn F. McConnell, President Pro Tempore

Jeffrey Gossett, Clerk of the Senate

Doctor of the Day

Senator GREGORY introduced Dr. R. Duren Johnson of Lancaster, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator RITCHIE, at 12:15 P.M., Senator HAWKINS was granted a leave of absence for the week for the purpose of fulfilling his duties to the South Carolina Army National Guard.

Privilege of the Floor

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Floor was granted to the Honorable Marshall C. (Mark) Sanford, Governor-elect of the State of South Carolina.

Mr. Sanford addressed the Senate with brief remarks.

Motion Adopted

Senator McCONNELL asked unanimous consent to move that the list of prefiled Bills and Resolutions, a copy of which has been placed on each member’s desk, be entered in the Journal as having been read and referred, as noted, unless any member shall make a motion to refer a Bill or Resolution to a different committee.