South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate


Printed Page 133 . . . . . Wednesday, January 10, 2001

Wednesday, January 10, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

Dearly Beloved, as we join with the University of South Carolina in Celebration of 200 Years of Service to our State and our world, hear the words of Moses to the Children of Israel as they left the shadows of slavery and headed toward the Promised Land (Deut. 4:1):

"And now, O Israel, give heed to the statutes and the

ordinances which I teach you, and do them, that you

may live, and go in and take possession of the land

which the Lord, the God of your fathers, gives you."
Let us pray.

God of our fathers, we give You our deep gratitude for Your watchful care over our Mother-of-Learning, the University of South Carolina.

As we call to mind our glorious heritage, let us speak to each other of our new obligations and opportunities to fulfill the university's God-given destiny.

We pray for guidance, strength and resources to do our duty in these days of our destiny, that we may forever sing, "WE HAIL THEE, CAROLINA!"

Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable James H. Hodges:

Local Appointment

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Marcus W. Kitchens, 1180 Maryland Ave., Spartanburg, S.C. 29307 VICE Carolyn B. Waddell


Printed Page 134 . . . . . Wednesday, January 10, 2001

RECEIPT OF COMMUNICATION

Glenn F. McConnell
S. C. State Senate
311 Gressette Senate Office Building
Columbia, SC 29202
January 10, 2001

Jeffrey S. Gossett
Clerk of the Senate
Room 401, Gressette Building
Columbia, South Carolina 29201

Dear Mr. Clerk:

Pursuant to South Carolina Code of Laws Section 2-59-10, I am hereby making the following appointments to the Senate Operations and Management Committee:

Senator J. Verne Smith

Senator Hugh K. Leatherman, Sr.

Senator Glenn F. McConnell

Senator Harvey S. Peeler, Jr.

Senator John E. Courson

Senator John Drummond

Senator Thomas L. Moore

Pursuant to Rule 19 of the Senate Rules, Senator J. Verne Smith is the chairman of the committee.

With warmest personal regards, I am

Sincerely,
Glenn F. McConnell
President Pro Tempore

cc: Members of the Operations and Management Committee


Printed Page 135 . . . . . Wednesday, January 10, 2001

RECEIPT OF COMMUNICATION
Glenn F. McConnell
S. C. Senate
311 Gressette Senate Office Building
Columbia, SC 29202
January 10, 2001

Mr. Jeffrey S. Gossett
Clerk of the Senate
State House
Columbia, SC 29201

Dear Mr. Clerk:

Pursuant to the provisions of Rule 53, I am hereby appointing Senator John W. Drummond as President Pro Tempore Emeritus and Senator Donald H. Holland as Ranking Member Emeritus.

With warmest personal regards, I am

Sincerely,
Glenn F. McConnell
President Pro Tempore

Administration of the Oath of Office

The Chaplain of the Senate, Reverend George E. Meetze, presented himself at the Bar and the Oath of Office was administered to him by the PRESIDENT.

Adding Co-Sponsors

Senator McCONNELL asked unanimous consent to make a motion that co-sponsors could be added to Bills introduced today at any time by notifying the Desk prior to Thursday, January 18, 2001.

There was no objection.

Privilege of the Floor

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Floor was extended to Senators HAWKINS, PINCKNEY, RITCHIE and VERDIN.


Printed Page 136 . . . . . Wednesday, January 10, 2001

Remarks by Senator HAWKINS

Senator HAWKINS addressed the Senate with remarks.

Thank you, Mr. PRESIDENT and members of the Senate. I was told that this would be the only chance I would get to speak for the next five years, so I thought I would go ahead and take advantage of it right now. It is such an honor to be here with you today. Before I begin, I just wanted to introduce some people who are with me today in the back behind the rail. And, the first is my wife, Andrea, and my daughter, Jenny, the princess of the world, my sister, Pamela, my mother, Doretha, my father, David O. Hawkins, and my father-in-law, Lewis Moore, who is here taking pictures.

I spent four years in the South Carolina House of Representatives, and it is a very great honor to be serving in the Senate now. I served on the Judiciary Committee in the House of Representatives, and I am very honored to be serving on this Judiciary Committee as well. I look forward to working on that distinguished committee under Senator McConnell.

When I was in the House, some House members - and those of you who served in the House before can probably identify with this, Senator Martin - some House members told me that I shouldn't run for the Senate - that it's not as good over here as it is over there, and I'm not so sure about that - that I agree with that anymore. But I've made lots of good friends in the House, and I look forward to establishing lots of good friends in the Senate - lots of strong friendships. I understand the respect that is required of this institution that it has earned, and I pledge to give that respect. I understand that this is a unique opportunity for me to serve my State, and I look forward to doing that. And I look forward to working with each one of you, and I want to let you know that, if there is anything that I can do for you, please do not hesitate to call upon me to do that because I am honored to be here with you, working with all of you.

While I am here, there are a few things that I would like to work on, and one of those that I worked on in the House a great deal was privacy. Many of you may not be aware of the fact that the State of South Carolina sells lots of its citizens' own personal information to companies, who then in turn solicit our citizens with direct mail and telephone calls during dinner, and I've got a bill that would stop that, and I'm going to be bringing that before you, hopefully, and ask that you consider that and look at it.


Printed Page 137 . . . . . Wednesday, January 10, 2001

Education is also a top priority for me, as I know it is for all of you, and I look forward to working with you on education. And, in addition, tax relief, I think, is a very primary issue that we have to continue to relieve the tax burden for the citizens of this State.

Again, my comments are very brief, but I do want to thank you for the kindness and the graciousness that you have shown me as a new member. I am honored by it, and I am humbled by it, and I promise I will do everything I can to bring respect to this institution, and that I will respect this institution in every way.

Thank you again for allowing me to make these introductory remarks, and I look forward to working with all of you.
Thank you.

Remarks by Senator PINCKNEY

Senator PINCKNEY addressed the Senate with remarks.

Mr. PRESIDENT, members of the Senate, to all of our staff and visitors who have come to watch us as we take care of business for the State of South Carolina - it is indeed a privilege and an honor to stand in the South Carolina Senate.
I was a page back in 1992, and served until graduating from college. Please don't hold it against me, but I was a House page. There was always a rule that we learned as House pages and I think it sort of developed from the fact that House pages can't even walk on the Senate Floor. The rule is that the House is sort of the beginning, it's sort of where everyone can be elected, but there are only a privileged few that can serve the State of South Carolina in the State Senate. And so the pecking order developed even in the House and also sort of reverence and respect for this institution. I would hope that as I continue to serve or as I start serving and continue to serve that I can add to that respect and reverence to this institution. And I speak of the institution because I think that the institution is greater than any of us as individual members or as individual parties. It is the State Senate that many people in my circle have said saved the State of South Carolina from much grief that the House would put upon it. And I hope that the South Carolina Senate will continue to be the wiser body, to be the more kinder and gentler body of both Houses.
I'm sorry that my family is not here today. They came yesterday and witnessed the great excitement that we experienced yesterday, for lack of a better term. Thank you. My predecessor, Senator McKINLEY WASHINGTON, served this body with great


Printed Page 138 . . . . . Wednesday, January 10, 2001

pride to the citizens of the low country. I am by no means McKINLEY WASHINGTON. I am CLEMENTA PINCKNEY. He brought great talent to this body and it's my intention, by the grace of God, to do the same.
I would hope that as we move forward that we can work on issues that are of great importance to me as well as to, hopefully, everyone in this body. And those issues include education and equity in just about all facets of life in South Carolina. I represent a rural area, areas in which we have schools that are under-performing and that are under-funded. I would hope that we can look favorably upon issues of education, in particular equity in education, making sure that we make higher education accessible to all - and, also, looking at ways to provide better quality of health care and continue to make the lives of all South Carolinians better.
As I take my seat, I am reminded of the words of the great poet who said, "we have now come to the portal of great opportunities." As we move forward, we together, as a group will decide how we will move. Will history judge us as kind and humane or will they judge us as selfish and cruel? I would hope that as we move forth, that history will judge us, in the Senate, as kind and humane.
So to you my fellow members of this great body, I would hope that we can all work together and develop great relationships that we can better serve the State of South Carolina.

Remarks by Senator RITCHIE

Senator RITCHIE addressed the Senate with remarks.

Mr. PRESIDENT, I thank you for the opportunity to address the Senate this morning. It is indeed a great honor to be a member of the South Carolina Senate and I wish to express my deep gratitude to my colleagues on both sides of the aisle for their generosity in making me feel welcome. Each of you have been very kind to me in these opening days.

I am pleased to have my family with me today. Please allow me to introduce them to you. My wife, Evelyn, my daughter Caroline, my son Jimmy are seated here on the floor. And, I am sure you have heard, if not seen, my youngest daughter, Anna Grace. I am also pleased to have with me my mother-in-law whom many of you know, Mrs. Dicksie Cribb.


Printed Page 139 . . . . . Wednesday, January 10, 2001

Mr. PRESIDENT, this is a new time in South Carolina. However, I am not referring to yesterday's transition but to something even larger.

Let me tell you a story. Recently, my third child, Anna Grace, was born. At the hospital shortly after her birth, we took digital pictures. Later that morning the diskette of "film" was sent on our computer through the Internet to our far-flung family. Through this incredible technology, on the same day Anna Grace was born her cousins in France came home from school to find her picture on their refrigerator door. This is indeed a new time.

This technology-driven era is bringing new opportunities to South Carolina, but it requires ever greater educational improvement and business competitiveness. Our state's challenge is to bring everyone along so that we are not left with a vast gulf between those who succeed in the new economy and those who are never prepared. Solving this fundamental test is one of the main reasons I ran for the Senate.

Mr. PRESIDENT, I believe it is what we do for the next generation that defines who we are as a people. This conviction sustained the founding generations of South Carolinians and those who fought the great wars. If we can give anything to our children, it is the sense that their inheritance of prosperity and freedom was created by people who acted on their faith and who believed that character, honor and service mattered.

In that vein, I long considered what I would say to my children today. Our family, like many of you, has experienced victory and defeat. With that foundation I will approach my service in this new Senate at this new time mindful of these old words: "Any individual can learn to withstand adversity. If you wish to truly test someone's character, give him power."

May God bless the members of this body, the South Carolina Senate and the people of South Carolina.

Thank you.

Remarks by Senator VERDIN

Senator VERDIN addressed the Senate with remarks.

Thank you, Mr. PRESIDENT. I would also like to introduce my family before I deliver my remarks.
I was fortunate yesterday to have, I believe, nearly the entire gallery filled with family and friends and, thank you, Sergeants, for


Printed Page 140 . . . . . Wednesday, January 10, 2001

indulging that large group and today everyone in my immediate family except my oldest daughter who said, "Daddy, I hate to miss my math and science class and basketball practice." I said, "Baby, we'll put it on the camcorder and you can look at it tonight." I'd like to introduce my wife of 13 years, the former Kim Owens of Charleston, my two sons, Daniel and Whitson, my youngest daughter, Caroline, my youngest sister, Virginia, and then a niece, Savannah. I am thankful that these family members have come today to help celebrate this wonderful experience as a family and thank you for all your many kindnesses you have extended to our family.
Just before I deliver my remarks, Mr. PRESIDENT, I want to make my first commitment, my first promise to the Senate, and that is that I will never encourage any of my supporters or friends to visit without first admonishing them not to throw objects over the rail. Senator LAND, I don't believe you were in the Chamber, but you, especially, sir, came pretty close. I received a phone call last night and my heart nearly broke for my friend. Utter embarrassment would not describe his humiliation and he extends his deepest and sincerest regrets for the incident yesterday.
Ladies and gentlemen of the Senate, I stand here today just a few weeks after a very difficult campaign - a campaign that left me a little battered and bruised, a campaign that taught me many important lessons; probably the greatest lesson is that voters have a way of detecting the truth. I learned another lesson as well. I learned that voters want us as elected officials not to slice and slander each other - not to attack and accuse and assault reputations for political gain. Partisan rancor is not what the public expects from us. Instead, I believe voters want Senators who will tell the truth, stand up for principle, protect the public interest in a positive way and get the results we promised on the campaign trail.
Therefore, I stand before you today in the spirit of reconciliation. Now that the campaign is over, regardless of whether we are Democrats or Republicans, conservative or liberal, male or female, black or white, our common cause is service to the people of South Carolina and that common cause must be defended all over again every single day we are in session.
Of course, on many issues, we will surely disagree. Therefore, with the first words that I speak, I must say, and say very clearly, that I am a conservative. As I said throughout my campaign, I believe taxes are too high and educational standards are too low. I believe our culture is facing a moral crisis. I also believe that the best way to

Printed Page 141 . . . . . Wednesday, January 10, 2001

achieve prosperity is not by expanding the size of state government, but by expanding opportunities to achieve excellence in the free enterprise system. Those are my values. I will fight for those conservative principles, no matter who opposes them, to the best of my ability, so help me, God.
But even in heated debate we should always remember that our opponents deserve to be treated fairly and respectfully at all times. As a Senator I pledge to extend that courtesy to every member of this body. I am particularly sensitive to the need for mutual respect. In recent years political debate in our State and nation has too often sunk to the level of falsehood and name-calling. I experienced that kind of attack first-hand during last year's election, as did my family, friends and supporters. It's not an easy thing to forget.
However, because of my respect for the historic dignity of this body, I have been able to put the past behind me. What motivates me today as we begin this session is a sense of gratitude - gratitude that I've been given this opportunity and this great honor of service to the State of South Carolina. As one of the body's newest and youngest members, I am particularly aware that the South Carolina Senate existed long before I came and will continue to exist long after I have departed. Some of you have been serving here with great distinction as long as I've been alive. Therefore, I have come to listen and to learn.
In any political institution, some things are always changing and some things remain the same. For a newcomer like me, it might be hard to tell which is which. But, I pray that I will learn quickly enough to become a valuable colleague to every one of you. I also pray that we can work together in friendship for the greater good of South Carolina.
Thank you.

On motion of Senator LEATHERMAN, ordered printed in the Journal.

Doctor of the Day

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 2 (Word version) -- Senators Passailaigue, Setzler, Wilson, Fair, Gregory, Ravenel, Drummond, Holland, Saleeby, J. Verne Smith, Land,


Printed Page 142 . . . . . Wednesday, January 10, 2001

Leatherman, Leventis, McConnell, Moore, Peeler, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Elliott, Ford, Glover, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Hutto, Anderson, Branton, Grooms, Bauer, Richardson, Hawkins, Pinckney, Ritchie and Verdin: A CONCURRENT RESOLUTION TO RECOGNIZE LES EVANS ON THE OCCASION OF HIS RETIREMENT AS HEAD FOOTBALL COACH AND ATHLETICS DIRECTOR AT AIRPORT HIGH SCHOOL, WEST COLUMBIA, SOUTH CAROLINA.
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Senator PASSAILAIGUE spoke on the Resolution.

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

S. 3 (Word version) -- Senators Leventis, Mescher, Ford, Reese and Rankin: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 38 SO AS TO ENACT THE "POSTMARK PROMPT PAYMENT ACT".
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Read the first time and referred to the Committee on Banking and Insurance.

S. 4 (Word version) -- Senators Elliott, Ford, Reese, Branton and Rankin: A BILL TO AMEND SECTION 34-11-60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO CHANGE FROM TEN TO TWENTY THE NUMBER OF CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK PRIOR TO CASHING WITH THE DRAWER REMAINING LIABLE FOR UTTERING A FRAUDULENT CHECK IF SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE BANK OF THE DRAWER.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 5 (Word version) -- Senators Elliott, Ford, Reese, Branton and Rankin: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING SECTION 38-75-415 SO AS TO REQUIRE INSURERS TO DISCLOSE IN


Printed Page 143 . . . . . Wednesday, January 10, 2001

WRITING THE NATURE AND SCOPE OF ALL DEDUCTIBLES CONTAINED IN INSURANCE POLICIES SOLD IN THIS STATE, TO OBTAIN THE SIGNATURE OF THE INSURED ON THE WRITTEN EXPLANATION OF THE DEDUCTIBLE AND TO REQUIRE WRITTEN EXPLANATIONS AND SIGNATURES OF INSURED ON ALL CHANGES OR INCREASES IN DEDUCTIBLES AND PERCENTAGE DEDUCTIBLES TRIGGERED BY TROPICAL STORMS, OR HURRICANES, OR OTHER NATURAL DISASTERS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 6 (Word version) -- Senators Leventis, Ford and Reese: A BILL TO REPEAL SECTION 59-63-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT THE CHILD ATTENDS AND PROVIDING THAT ANY NONRESIDENT STUDENT OF THE DISTRICT ENROLLED NO LATER THAN SEPTEMBER 9, 1996, IS NOT REQUIRED TO MEET CERTAIN CONDITIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Education.

S. 7 (Word version) -- Senators Jackson, Ford and Elliott: A BILL TO AMEND SECTION 59-149-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, AND SECTION 12-6-3385, RELATING TO TUITION TAX CREDITS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" AN INSTITUTION WHICH DISCRIMINATES ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, AND TO DELETE PROVISIONS INCLUDING WITHIN THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" A PUBLIC OR INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
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Read the first time and referred to the Committee on Education.


Printed Page 144 . . . . . Wednesday, January 10, 2001

S. 8 (Word version) -- Senators Hayes, Mescher, Branton, Giese and Reese: A BILL TO AMEND SECTION 59-19-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR LEASE OF SCHOOL PROPERTY BY SCHOOL TRUSTEES, SO AS TO DELETE THE REQUIREMENT THAT THE SALE OR LEASE REQUIRES THE CONSENT OF THE COUNTY BOARD OF EDUCATION OR GOVERNING BODY OF THE COUNTY IN THOSE COUNTIES WHICH DO NOT HAVE A COUNTY BOARD OF EDUCATION.
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Read the first time and referred to the Committee on Education.

S. 9 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND SECTION 59-149-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIP ELIGIBILITY REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT OF A MINIMUM SCHOLASTIC APTITUDE TEST SCORE; AND TO AMEND SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO ESTABLISH MINIMUM GRADE POINT AVERAGE AND CLASS RANK REQUIREMENTS AND TO PROHIBIT THE USE OF THE SCHOLASTIC ASSESSMENT TEST (SAT), THE PRELIMINARY SCHOLASTIC ASSESSMENT TEST (PSAT), OR AMERICAN COLLEGE TEST (ACT) IN MAKING DETERMINATIONS OF SCHOLARSHIP RECIPIENTS.
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Read the first time and referred to the Committee on Education.

S. 10 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND SECTION 59-40-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF CHARTER SCHOOLS, SO AS TO PROVIDE THAT CHARTER SCHOOLS SHALL HIRE NONCERTIFIED TEACHERS IN THE SAME PROPORTION AS ALLOWED FOR PUBLIC SCHOOLS AND TO DELETE THE PROVISION AUTHORIZING CHARTER SCHOOLS TO HIRE NONCERTIFIED TEACHERS IN RATIOS OF UP TO TEN PERCENT OR TWENTY-FIVE PERCENT, AS APPLICABLE, OF THE ENTIRE TEACHER STAFF OF THE SCHOOL.
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Read the first time and referred to the Committee on Education.


Printed Page 145 . . . . . Wednesday, January 10, 2001

S. 11 (Word version) -- Senators Wilson, Grooms, Mescher, Elliott, Branton and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-457 SO AS TO REQUIRE TEACHERS IN EACH PUBLIC SCHOOL IN THIS STATE TO CONDUCT, BEFORE THE OPENING OF THE FIRST PERIOD CLASS OF EACH SCHOOL DAY, AN ORAL RECITATION OF A CERTAIN EXCERPT FROM THE "DECLARATION OF INDEPENDENCE".
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Read the first time and referred to the Committee on Education.

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, Branton and McConnell: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
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Read the first time and referred to the Committee on Education.

S. 13 (Word version) -- Senators Passailaigue, Ford, Branton and Reese: A BILL TO AMEND SECTION 59-113-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AN INDEPENDENT INSTITUTION OF HIGHER LEARNING, SO AS TO REVISE THIS DEFINITION.
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Read the first time and referred to the Committee on Education.

S. 14 (Word version) -- Senators Leventis, Ford, Reese and Rankin: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF STATE RETIREMENT SYSTEMS, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT A PURCHASE OF PERMISSIVE SERVICE CREDIT WITH FUNDS UNLAWFULLY OBTAINED FROM PUBLIC EMPLOYMENT SHALL CAUSE THOSE FUNDS TO BE FORFEITED AND TO PROVIDE FOR THE PROCEDURES FOR COLLECTION OF THOSE FUNDS.
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Read the first time and referred to the Committee on Finance.


Printed Page 146 . . . . . Wednesday, January 10, 2001

S. 15 (Word version) -- Senators Leventis, Ford, Hayes, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THE MILITARY SELECTIVE SERVICE ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THE MILITARY SELECTIVE SERVICE ACT AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Finance.

S. 16 (Word version) -- Senators McConnell, Ford, Elliott, Rankin, Branton and Leventis: A BILL TO AMEND CHAPTER 35, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SECTION 11-35-460, SO AS TO PROVIDE THAT NEITHER THE STATE NOR ANY OF ITS POLITICAL SUBDIVISIONS MAY DO BUSINESS WITH, ENTER INTO CONTRACTS WITH, OR OTHERWISE EXPEND FUNDS TO COMPANIES, ORGANIZATIONS, PARTNERSHIPS, CORPORATIONS, SOLE PROPRIETORSHIPS, OR OTHER SIMILAR BUSINESS ENTITIES BY WHATEVER NAME KNOWN, IF THE BUSINESS ENTITY DISCRIMINATES OR RETALIATES AGAINST A CITIZEN OF THIS STATE, INCLUDING AN EMPLOYEE OF THE BUSINESS, BECAUSE OF THE CITIZEN'S POLITICAL, ETHNIC, RELIGIOUS, OR HERITAGE VIEWS.
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Read the first time and referred to the Committee on Finance.

S. 17 (Word version) -- Senators Ravenel, Branton, Grooms, Mescher, Passailaigue, Ford and McConnell: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF GASOLINE TAX "C" FUND REVENUES TO COUNTIES, SO AS TO REPLACE THE EXISTING FORMULA


Printed Page 147 . . . . . Wednesday, January 10, 2001

FOR THE DISTRIBUTION TO DONOR COUNTIES OF THE NINE AND ONE-HALF MILLION DOLLARS ANNUALLY TRANSFERRED FROM THE STATE HIGHWAY FUND TO DONOR COUNTIES AS ADDITIONAL "C" FUNDS BY PROVIDING THAT BEGINNING JULY 1, 2001, DONOR COUNTIES SHALL RECEIVE A FIXED AMOUNT OF THESE TRANSFERRED FUNDS, AND TO PROVIDE THE METHOD OF CALCULATING THIS FIXED AMOUNT.
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Read the first time and referred to the Committee on Finance.

S. 18 (Word version) -- Senators Hayes and McGill: A BILL TO AMEND ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD AND INSURANCE FOR STATE EMPLOYEES AND RETIREES, BY ADDING SECTION 1-11-760 SO AS TO PROVIDE THAT BENEFITS FOR MEDICAL OR HOSPITAL EXPENSES AND COVERAGE FOR PROSTHESES SHALL INCLUDE COVERAGE FOR "SCALP-HAIR PROSTHESES", AND TO PROVIDE FOR RELATED MATTERS.
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Read the first time and referred to the Committee on Finance.

S. 19 (Word version) -- Senators Elliott, Ford and Branton: A BILL TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-535 SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A FORMER MEMBER OF THE GENERAL ASSEMBLY MAY PURCHASE UP TO EIGHT YEARS OF SERVICE CREDIT TIME IN THE STATE RETIREMENT SYSTEM, IF THE MEMBER SERVED A MINIMUM OF SIX YEARS BUT LESS THAN EIGHT IN THE GENERAL ASSEMBLY; TO PROVIDE FOR THE RATE AT WHICH THE SERVICE CREDIT TIME MAY BE PURCHASED; AND TO PROVIDE FOR STATE MATCHING CONTRIBUTIONS.
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Read the first time and referred to the Committee on Finance.

S. 20 (Word version) -- Senators Wilson, Mescher, Elliott, Branton and Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY


Printed Page 148 . . . . . Wednesday, January 10, 2001

TAX EXEMPTIONS, SO AS TO EXEMPT A BOAT, BOAT MOTOR, OR PRIVATE PASSENGER MOTOR VEHICLE OWNED BY AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON SUCH AN ITEM OF PERSONAL PROPERTY FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS AND TO EXEMPT THE OWNER-OCCUPIED RESIDENCE OF AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER WHO HAS PAID PROPERTY TAXES ON A PERSONAL RESIDENCE FOR AT LEAST THE FIVE PRECEDING PROPERTY TAX YEARS.
l:\council\bills\swb\5082djc01.doc

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

S. 21 (Word version) -- Senators Elliott, Ford, Branton and Leventis: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTABLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTABLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED AND TO AMEND SECTION 12-36-2560, RELATING TO PAYMENT OF SALES TAX, SO AS TO PROVIDE THAT RETAILERS MAY DEDUCT CERTAIN UNCOLLECTABLE SALES AND USE TAXES PREVIOUSLY PAID TO THE STATE UNDER CERTAIN CONDITIONS FROM THEIR NEXT MONTHLY INSTALLMENT AND TO PROVIDE REPORTING REQUIREMENTS.
l:\s-res\de\021gros.dmb.doc

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

S. 22 (Word version) -- Senators Elliott, Ford, Hayes, Branton and Reese: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO PROVIDE FOR THE TRANSFER OF THE HOMESTEAD EXEMPTION WHEN A QUALIFIED TAXPAYER WHO HAS BEEN RECEIVING THE EXEMPTION IN THE COUNTY OF HIS LEGAL RESIDENCE CHANGES HIS LEGAL RESIDENCE TO ANOTHER RESIDENCE WITHIN THE SAME COUNTY OR ACQUIRES A DIFFERENT


Printed Page 149 . . . . . Wednesday, January 10, 2001

LEGAL RESIDENCE IN ANOTHER COUNTY DURING THE TAX YEAR AND GIVES NOTICE OF THE TRANSFER BY SEPTEMBER FIFTEENTH OF THAT TAX YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR'S OFFICE DETERMINE THAT THE REQUIREMENTS FOR THE TRANSFER OF THE EXEMPTION ARE SATISFIED.
l:\s-res\de\021home.whb.doc

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

S. 23 (Word version) -- Senators Elliott, Ford, Mescher, Reese, Branton and Leventis: A BILL TO AMEND SECTION 12-37-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF LICENSE PLATE AND REGISTRATION CERTIFICATE FOR A REFUND OR CREDIT, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO TRADES OR RETURNS A MOTOR VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID.
l:\s-res\de\022lice.dmb.doc

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

S. 24 (Word version) -- Senators Land, Grooms, Ford, McGill, Elliott, Branton and Reese: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION.
l:\council\bills\psd\7004htc01.doc

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

S. 25 (Word version) -- Senators Mescher, McGill, Elliott, Reese, Branton and Rankin: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM TAXATION, SO AS TO PROVIDE A TAX EXEMPTION FOR OWNERS OF MOTOR VEHICLES USED TO TRANSPORT BLIND OR WHEELCHAIR BOUND INDIVIDUALS.
l:\s-res\wcm\019whee.dmb.doc

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


Printed Page 150 . . . . . Wednesday, January 10, 2001

S. 26 (Word version) -- Senators Elliott, Branton and Ford: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS.
l:\council\bills\bbm\9761htc01.doc

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

S. 27 (Word version) -- Senators Elliott, Ford, Reese, Rankin and Branton: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FOUR PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2004, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO AMEND AN ACT OF 2000 BEARING RATIFICATION NUMBER 453, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE A SALES TAX EXEMPTION FOR FOOD ITEMS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
l:\council\bills\pt\1095htc01.doc

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

S. 28 (Word version) -- Senators Elliott, Ford, Branton and Reese: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EDUCATIONAL SERVICE" FOR PURPOSES OF ESTABLISHING SERVICE CREDIT PAID SERVICE AS A CLASSROOM TEACHER IN A PRIVATE COLLEGE OR UNIVERSITY.
l:\council\bills\bbm\9758htc01.doc

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


Printed Page 151 . . . . . Wednesday, January 10, 2001

S. 29 (Word version) -- Senators Elliott, Ford, Branton and Reese: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\dka\3983mm01.doc

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

S. 30 (Word version) -- Senators Elliott, Ford, Branton and Leventis: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
l:\council\bills\bbm\9747htc01.doc

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

S. 31 (Word version) -- Senators Passailaigue, Ford, McGill, Mescher, Elliott, McConnell, Reese, Rankin, Setzler, Branton and Leventis: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO FIFTY THOUSAND DOLLARS AND TO DELETE AN OBSOLETE PROVISION.
l:\s-res\elp\009exem.whb.doc

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

S. 32 (Word version) -- Senators Ryberg, Elliott, Reese, Branton and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-545, SO AS TO PROVIDE FOR PURPOSES OF THE PERSONAL PROPERTY TAX EXEMPTION


Printed Page 152 . . . . . Wednesday, January 10, 2001

SALES TAX ACT, A RECREATIONAL VEHICLE IS CONSIDERED A PRIVATE PASSENGER MOTOR VEHICLE AND TO PROVIDE A DEFINITION FOR RECREATIONAL VEHICLE.
l:\council\bills\nbd\11083htc01.doc

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

S. 33 (Word version) -- Senators Passailaigue, Ford, Mescher, Reese, Branton and Rankin: A BILL TO AMEND CHAPTER 6 OF TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF TAX RATES, BY ADDING SECTION 12-6-515 SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER'S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, SHAREHOLDER OF A SUBCHAPTER "S" CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
l:\s-res\elp\010five.whb.doc

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

S. 34 (Word version) -- Senators Mescher, Hayes, McGill, Elliott, Reese, Branton and Leventis: A BILL TO AMEND SECTION 12-37-222, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT LEASED AND USED BY CHARITABLE, NOT-FOR-PROFIT OR GOVERNMENTAL HOSPITALS, SO AS TO PROVIDE CHURCHES AND ELEEMOSYNARY AND OTHER CHARITABLE ORGANIZATIONS A TAX EXEMPTION ON MOTOR VEHICLES LEASED AND USED IN THE CONDUCT OF THE BUSINESS OF THE CHURCH, ELEEMOSYNARY, OR OTHER CHARITABLE ORGANIZATION.
l:\s-res\wcm\018chur.dmb.doc

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

S. 35 (Word version) -- Senator, Elliott, Branton and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR


Printed Page 153 . . . . . Wednesday, January 10, 2001

VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
l:\council\bills\bbm\9755htc01.doc

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

S. 36 (Word version) -- Senators Ravenel, Leventis, McConnell, Drummond, Branton and Giese: A BILL TO AMEND SECTION 50-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE CONSTRUCTION OF A NEW ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF DEER BEING HUNTED, SO AS TO PROHIBIT DEER HUNTING WITH A WEAPON INSIDE AN ENCLOSURE WHICH PREVENTS OR IMPEDES THE FREE RANGE OF THE DEER AND TO DEFINE "PREVENTS OR MATERIALLY IMPEDES" AS AN ENCLOSURE WITH A FENCE IN EXCESS OF SIX FEET IN HEIGHT.
l:\council\bills\nbd\11018ac01.doc

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

S. 37 (Word version) -- Senators Land, McGill, Reese and Hutto: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER, SO AS TO DEFINE "DEER" AS "NATIVE WHITE TAIL DEER" (ODOCOILEUS VIRGINIANUS).
l:\s-res\jcl\012deer.whb.doc

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

S. 38 (Word version) -- Senators Wilson, Branton and Reese: A BILL TO AMEND CHAPTER 51 OF TITLE 12, CODE OF LAWS OF SOUTH


Printed Page 154 . . . . . Wednesday, January 10, 2001

CAROLINA, 1976, RELATING TO ALTERNATE PROCEDURE FOR COLLECTION OF PROPERTY TAXES, BY ADDING SECTION 12-51-180 SO AS TO PROVIDE THAT A LOST RETURN OR A RETURN OF CERTIFIED MAIL UNDELIVERED DOES NOT AFFECT THE VALIDITY OF TAX TITLE ISSUED PURSUANT TO CHAPTER 51; AND TO AMEND SECTION 12-51-120, AS AMENDED, RELATING TO THE NOTICE OF THE APPROACHING END OF THE REDEMPTION PERIOD, SO AS TO DELETE REFERENCE TO THE RETURN OF UNDELIVERED MAIL.
l:\council\bills\dka\4044mm01.doc

Read the first time and referred to the Committee Finance.

S. 39 (Word version) -- Senators Mescher, Elliott, Branton and Hutto: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE ELK FARMING, TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED ELK, TO PROVIDE FOR LICENSURE OF ELK FARMING OPERATIONS, TO PROVIDE FOR THE PURCHASE AND SALE OF FARMED ELK PRODUCTS AND BY-PRODUCTS IN THE STATE, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS ARTICLE; TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW THE SALE OF EXOTIC FARM-RAISED DEER AND ELK BY OFFICIAL FOOD SERVICE ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION; AND TO DESIGNATE SECTIONS 50-16-10 THROUGH 50-16-70 AS ARTICLE 1 OF CHAPTER 16, TITLE 50 TO BE ENTITLED "GENERAL PROVISIONS".
l:\council\bills\swb\5010djc01.doc

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

S. 40 (Word version) -- Senators Mescher, Branton and Hutto: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE,


Printed Page 155 . . . . . Wednesday, January 10, 2001

BY ADDING ARTICLE 3 SO AS TO AUTHORIZE DEER FARMING; TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED DEER; TO PROVIDE FOR LICENSURE OF DEER FARMING OPERATIONS; TO AMEND SECTION 50-11-1910, RELATING TO SALE OF DEER PARTS, SO AS TO PROVIDE FOR THE PURCHASE AND SALE OF FARMED DEER PRODUCTS AND BY-PRODUCTS IN THE STATE; AND TO DESIGNATE SECTIONS 50-16-10 THROUGH 50-16-70 AS ARTICLE 1 OF CHAPTER 16, TITLE 50 TO BE ENTITLED "GENERAL PROVISIONS".
l:\council\bills\swb\5012djc01.doc

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

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
l:\council\bills\nbd\11061ac01.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.


Printed Page 156 . . . . . Wednesday, January 10, 2001

S. 42 (Word version) -- Senators J. Verne Smith, Branton, Reese and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 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 ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
l:\council\bills\nbd\11086ac01.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 43 (Word version) -- Senators J. Verne Smith, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
l:\council\bills\nbd\11136ac01.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 44 (Word version) -- Senators McConnell, Ford, Mescher, Branton and Rankin: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20, SO AS TO PROVIDE THAT A PERSON EMPLOYED IN THIS STATE WHO IS FIRED OR TERMINATED FROM HIS EMPLOYMENT BECAUSE OF HIS DISPLAY, DURING THE HOURS OF HIS EMPLOYMENT, OF AN ETHNIC, HERITAGE, RELIGIOUS, OR POLITICAL EMBLEM, IS NOT PROHIBITED FROM RECEIVING


Printed Page 157 . . . . . Wednesday, January 10, 2001

UNEMPLOYMENT COMPENSATION BENEFITS AND TO PROVIDE AN EXCEPTION.
l:\s-jud\bills\mcconnell\jud0004.gfm.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 45 (Word version) -- Senators Land, Branton, Ford, Mescher, Giese, Reese and Rankin: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.
l:\council\bills\nbd\11031ac01.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 46 (Word version) -- Senators Ford, Branton, Elliott and Reese: A BILL TO AMEND SECTION 23-6-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT OFFICERS FROM USING RACE AS A FACTOR IN THEIR DECISION TO STOP A VEHICLE.
l:\s-res\rf\026offi.jh.doc

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

S. 47 (Word version) -- Senators Martin, Giese, Reese, Rankin, Branton and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-130 SO AS TO PROVIDE THAT ANY STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE REQUIRED BY LAW TO ENFORCE NATIONALLY RECOGNIZED BUILDING CODES SHALL DETERMINE THE EDITION OF THE CODE TO ENFORCE AND TO PROVIDE EXCEPTIONS.
l:\council\bills\nbd\11138ac01.doc

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


Printed Page 158 . . . . . Wednesday, January 10, 2001

S. 48 (Word version) -- Senators Wilson, Hayes, Richardson, Mescher, Elliott, Branton and Rankin: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, AND 11-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS; AND TO ADD SECTION 11-11-95, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH, AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS MUST BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
l:\council\bills\swb\5076djc01.doc

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

S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER


Printed Page 159 . . . . . Wednesday, January 10, 2001

UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
l:\council\bills\ggs\22725cm01.doc

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

S. 50 (Word version) -- Senators Ford, Richardson, Elliott, Reese, Leventis and Branton: A BILL TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT ADVERTISING IN ANY FORM, INCLUDING TELEVISION, RADIO, AND INTERNET BROADCASTS, WHICH IS KNOWN OR SHOULD BE KNOWN TO BE UNTRUE OR MISLEADING.
l:\s-res\rf\020adve.jh.doc

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

S. 51 (Word version) -- Senators Mescher, McGill, Elliott, Rankin and Branton: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROVIDERS OF INSURANCE OR SECURITY NOTIFY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OF TERMINATION OR LAPSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE NOTIFICATION OF LAPSE UNDER ANY CIRCUMSTANCE.
l:\council\bills\swb\5013djc01.doc

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

S. 52 (Word version) -- Senators Wilson, Grooms, McGill, Elliott, Giese, Reese and Branton: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE


Printed Page 160 . . . . . Wednesday, January 10, 2001

8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE, OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ANYTHING OF VALUE" AND "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
l:\council\bills\swb\5066dw01.doc

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

S. 53 (Word version) -- Senators Wilson, Giese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-715 SO AS TO DESIGNATE "SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA", AS THE OFFICIAL MAGAZINE OF THE STATE.
l:\council\bills\dka\4043mm01.doc

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

S. 54 (Word version) -- Senators Elliott, Ford and Branton: A BILL TO AMEND SECTION 4-27-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF A COUNTY INTO DISTRICTS FOR ZONING PURPOSES, SO AS TO PROVIDE THAT EACH COUNTY GOVERNING BODY MUST ADOPT A ZONING PLAN THAT REGULATES THE LOCATION OF ANY PUBLIC OR PRIVATE FACILITY THAT IS LICENSED AND REGULATED BY THE STATE AND THE PLAN MUST INCLUDE GUIDELINES FOR DETERMINING THE APPROPRIATENESS OF LOCATING SUCH FACILITIES IN RESIDENTIAL AREAS.
L:\S-RES\DE\024RAMS.DMB.DOC

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


Printed Page 161 . . . . . Wednesday, January 10, 2001

S. 55 (Word version) -- Senators Wilson and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.
l:\council\bills\skb\18077som01.doc

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

S. 56 (Word version) -- Senators Wilson, Reese and Branton: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION OF CIVIL ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, SO AS TO ADD SECTION 15-3-690, SO AS TO PROVIDE A LIMITATIONS PERIOD FOR ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND TO PROVIDE WHEN THE LIMITATIONS PERIOD IS NOT AVAILABLE AS A DEFENSE; TO AMEND SECTION 15-3-640, RELATING TO THE LIMITATIONS PERIOD FOR ACTIONS TO RECOVER DAMAGES BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO REMOVE SURVEYING AS AN IMPROVEMENT TO REAL PROPERTY INCLUDED IN THIS SECTION; AND TO AMEND SECTION 15-3-670, RELATING TO WHEN THIS PARTICULAR LIMITATIONS PERIOD IS NOT AVAILABLE AS A DEFENSE, SO AS TO REMOVE SURVEYING AND LAND SURVEYING.
l:\council\bills\skb\18076som01.doc

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

S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON


Printed Page 162 . . . . . Wednesday, January 10, 2001

THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
l:\s-res\de\025indi.dmb.doc

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

S. 58 (Word version) -- Senators Ford and Rankin: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE LANGUAGE REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-260, AS AMENDED, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING MUNICIPAL PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-310, RELATING TO DEFINITIONS CONCERNING ABSENTEE VOTING, SO AS TO DELETE CERTAIN DEFINITIONS WHICH ARE NO LONGER NECESSARY WITH CHANGES MADE TO THE ARTICLE; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, RELATING TO THE TIME OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF AN APPLICATION FOR ABSENTEE BALLOT, SO AS TO SPECIFY CERTAIN CATEGORIES OF VOTERS WHICH MAY USE A DIFFERENT FORM AND TO PROVIDE THAT A QUALIFIED ELECTOR DOES NOT HAVE TO STATE THE REASON FOR REQUESTING AN ABSENTEE BALLOT ON THE APPLICATION FORM; AND TO AMEND SECTION 7-15-395, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONCERNING PRIMARIES, SO AS TO


Printed Page 163 . . . . . Wednesday, January 10, 2001

DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.
l:\s-res\rf\031ball.jh.doc

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

S. 59 (Word version) -- Senators Ford and Branton: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT SEEK TO BE NOMINATED BY THE COMMISSION BUT, RATHER, SEEK JUDICIAL OFFICE; TO AMEND SECTION 2-19-30, AS AMENDED, BY ADDING A PROVISION THAT, WHEN THE COMMISSION FINDS A CANDIDATE UNQUALIFIED, THE CANDIDATE MUST BE FURNISHED A COPY OF THE COMMISSION'S REPORT CONCERNING HIS QUALIFICATIONS, AND TO PROVIDE FURTHER THAT THE REPORT MUST BE KEPT CONFIDENTIAL; TO AMEND SECTION 2-19-35, AS AMENDED, RELATING TO THE CRITERIA CONSIDERED BY THE COMMISSION IN DETERMINING THE QUALIFICATIONS OF CANDIDATES FOR JUDICIAL OFFICE, SO AS TO MAKE A TECHNICAL CHANGE BY DELETING THE TERM "NOMINATION"; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE OF THE GENERAL ASSEMBLY AND RELATING TO THE SEEKING OF PLEDGES OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THE JUDICIAL CANDIDATE IS NOT PERMITTED ON THE FLOOR DURING THE TIME HE IS LISTED AS A QUALIFIED CANDIDATE AND THE ELECTION IS PENDING, AND TO FURTHER PROVIDE THAT THE COMMISSION SHALL RELEASE A LIST OF QUALIFIED CANDIDATES RATHER THAN RELEASING ITS NOMINEES; TO AMEND SECTION 2-19-80, AS AMENDED, RELATING TO THE COMMISSION SELECTING


Printed Page 164 . . . . . Wednesday, January 10, 2001

THE THREE BEST QUALIFIED CANDIDATES FOR A JUDICIAL OFFICE AS ITS NOMINEES, SO AS TO REQUIRE THE COMMISSION TO RELEASE A LIST OF ALL QUALIFIED CANDIDATES FOR THE OFFICE, AND TO FURTHER PROVIDE THAT THE LIST OF CANDIDATES IS BINDING ON THE GENERAL ASSEMBLY, AND TO PROVIDE FURTHER CONFORMING CHANGES; TO AMEND SECTION 2-19-90, RELATING TO THE JOINT SESSION OF THE GENERAL ASSEMBLY HELD FOR THE ELECTION OF JUDGES, SO AS TO PROVIDE THE CHAIRMAN OF THE COMMISSION SHALL ANNOUNCE THE LIST OF QUALIFIED CANDIDATES FOR EACH JUDICIAL RACE.
l:\s-res\rf\030meri.jh.doc

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

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis and Branton: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
l:\s-res\rf\028viol.jh.doc

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

S. 61 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10 OF THE 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 PERCENT OF THE QUALIFIED ELECTORS OF A COUNTY AND AT LEAST TEN PERCENT OF THE REGISTERED VOTERS OF A MUNICIPALITY.
l:\s-res\rf\021ball.jh.doc

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

S. 62 (Word version) -- Senators Mescher, Grooms, McGill and Branton: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN


Printed Page 165 . . . . . Wednesday, January 10, 2001

COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.
l:\s-res\wcm\007psab.jh.doc

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

S. 63 (Word version) -- Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
l:\s-res\wcm\008fili.jh.doc

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

S. 64 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 20-7-100 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.
l:\s-res\wcm\020nonc.dmb.doc

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

S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
l:\council\bills\skb\18032som01.doc

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


Printed Page 166 . . . . . Wednesday, January 10, 2001

S. 66 (Word version) -- Senators Ford and Branton: A BILL TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT; AND TO PROVIDE FOR AN EFFECTIVE DATE OF JANUARY 1, 2002, FOR THESE PROVISIONS.
l:\s-res\rf\024fami.jh.doc

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

S. 67 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
l:\s-res\wcm\015prec.whb.doc

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

S. 68 (Word version) -- Senators Hayes, Reese and Branton: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT


Printed Page 167 . . . . . Wednesday, January 10, 2001

AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
l:\council\bills\dka\3993mm01.doc

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

S. 69 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 37 SO AS TO ENACT THE "PYRAMID AND CHAIN SCHEMES ACT", TO DEFINE AND PROHIBIT A PYRAMID DISTRIBUTION SCHEME, AND TO PROVIDE FOR CIVIL REMEDIES AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROHIBITION.
l:\council\bills\dka\3992mm01.doc

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

S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.
l:\council\bills\pt\1019dw01.doc

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

S. 71 (Word version) -- Senators Leventis and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY CHOOSE TO LIMIT HIS CAMPAIGN EXPENDITURES TO SEVENTY-FIVE CENTS FOR EACH CONSTITUENT AND TO PROVIDE FOR A STATE INCOME TAX DEDUCTION FOR CONTRIBUTORS IF THE CANDIDATE ADHERES TO HIS PLEDGE; BY ADDING SECTION 12-6-1230 SO AS TO PROVIDE ALL TAXPAYERS THE INCOME TAX DEDUCTION FOR POLITICAL CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315; AND TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS IN COMPUTING INDIVIDUAL TAXABLE INCOME, SO AS TO MAKE POLITICAL


Printed Page 168 . . . . . Wednesday, January 10, 2001

CAMPAIGN CONTRIBUTIONS IN ACCORDANCE WITH SECTION 8-13-1315 TAX DEDUCTIBLE.
l:\council\bills\pt\1100dw01.doc

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

S. 72 (Word version) -- Senators Leventis, Ford and Elliott: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A BEER AND WINE PERMIT AND TO AMEND SECTION 61-6-120, AS AMENDED, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.
l:\council\bills\pt\1104dw01.doc

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

S. 73 (Word version) -- Senators Leventis, Ford and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-45 SO AS TO REQUIRE THE ENTITY IN CHARGE OF CONDUCTING A POLL DURING THE SIX-MONTH PERIOD BEFORE A GENERAL ELECTION TO FILE CERTAIN INFORMATION RELATING TO THE POLL WITH THE STATE ELECTION COMMISSION, AND PROVIDE A PENALTY FOR VIOLATION.
l:\council\bills\pt\1098dw01.doc

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

S. 74 (Word version) -- Senators Leventis, Ford, Elliott and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY; TO DEFINE RESPONSIBLE OFFICIAL; AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.
l:\s-res\ppl\005info.whb.doc

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


Printed Page 169 . . . . . Wednesday, January 10, 2001

S. 75 (Word version) -- Senators Leventis, Ford, Hayes, Elliott, Reese and Rankin: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THE PARENT OR LEGAL GUARDIAN, INSTEAD OF THE WOMAN, WHO HAS LEGAL CUSTODY AND THE DUTY OF CARE FOR A CHILD UNDER THE AGE OF SEVEN SHALL BE EXCUSED FOR JURY DUTY UPON FURNISHING AN AFFIDAVIT TO THAT EFFECT TO THE CLERK OF COURT.
l:\council\bills\skb\18031som01.doc

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

S. 76 (Word version) -- Senators Jackson, Ford and Branton: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY" AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.
l:\s-res\dj\003viol.jh.doc

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

S. 77 (Word version) -- Senators Jackson, Ford and Elliott: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "CONSENT TO RECORD ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO: (1) WILFULLY INTERCEPT, ENDEAVOR TO INTERCEPT, OR PROCURE ANY OTHER PERSON TO INTERCEPT OR ENDEAVOR TO INTERCEPT A WIRE, ORAL, OR ELECTRONIC COMMUNICATION WHERE THE PERSON IS A PARTY TO THE COMMUNICATION UNLESS ALL OF THE PARTIES TO THE COMMUNICATION HAVE GIVEN PRIOR CONSENT TO THE INTERCEPTION; (2) WILFULLY DISCLOSE, OR ENDEAVOR TO DISCLOSE, TO ANY OTHER PERSON THE CONTENTS OF ANY WIRE, ORAL, OR ELECTRONIC COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE,


Printed Page 170 . . . . . Wednesday, January 10, 2001

ORAL, OR ELECTRONIC COMMUNICATION; AND (3) WILFULLY USE, OR ENDEAVOR TO USE, THE CONTENTS OF ANY WIRE, ORAL, OR ELECTRONIC COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF A WIRE, ORAL, OR ELECTRONIC COMMUNICATION; TO PROVIDE AN EXEMPTION FROM THESE PROHIBITIONS FOR AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING PURSUANT TO OTHER LAW AUTHORIZING SUCH CONDUCT; AND TO DEFINE RELATED TERMS.
l:\s-res\dj\005cons.jh.doc

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

S. 78 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 2001".
l:\s-res\dj\010fire.jh.doc

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

S. 79 (Word version) -- Senators Hayes, Elliott, Reese, Rankin and Branton: A BILL TO AMEND SECTION 16-17-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF EAVESDROPPING AND BEING A PEEPING TOM ON PUBLIC PROPERTY, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BE AN EAVESDROPPER OR A PEEPING TOM ON PUBLIC PROPERTY, AND TO REVISE THE DEFINITION OF THE TERM "PEEPING TOM" TO INCLUDE A PERSON WHO PEEPS THROUGH WINDOWS, DOORS, OR OTHER LIKE PLACES ON PUBLIC PROPERTY.
l:\council\bills\ggs\22708cm01.doc

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

S. 80 (Word version) -- Senators Leventis, Ford and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-770 SO AS TO PROVIDE PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO DIRECT THE TOWING OF A VEHICLE OR OBJECT, THE NOTIFICATION OF THE OWNER OF


Printed Page 171 . . . . . Wednesday, January 10, 2001

THE VEHICLE OR OBJECT, AND THE SALE OF THE VEHICLE OR OBJECT.
l:\council\bills\ggs\22734cm01.doc

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

S. 81 (Word version) -- Senators Ford and Branton: A JOINT RESOLUTION TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO ADD ARREST WARRANTS ISSUED FOR THE PRECEDING THREE MONTHS AS DOCUMENTS WHICH MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING WHEN THE REQUESTOR APPEARS IN PERSON.
l:\s-res\rf\027peti.jh.doc

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

S. 82 (Word version) -- Senators Leventis, Ford and Reese: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
l:\council\bills\nbd\11112ac01.doc

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

S. 83 (Word version) -- Senators Elliott, Hutto, Ford, Rankin and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF


Printed Page 172 . . . . . Wednesday, January 10, 2001

SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
l:\council\bills\skb\18035som01.doc

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

S. 84 (Word version) -- Senators Ford and Branton: A JOINT RESOLUTION TO AMEND SECTION 20-7-1370 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE, RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT; AND TO PROVIDE FOR AN EFFECTIVE DATE OF JANUARY 1, 2002, FOR THESE PROVISIONS.
l:\s-res\rf\023elec.jh.doc

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

S. 85 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT; TO SECTION 3, ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE; TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE COURT OF APPEALS SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT CIRCUIT COURT JUDGES SHALL BE POPULARLY ELECTED FROM SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT AND THAT THE


Printed Page 173 . . . . . Wednesday, January 10, 2001

CHIEF JUSTICE SHALL ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.
l:\s-res\rf\025judg.jh.doc

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

S. 86 (Word version) -- Senators Wilson, Grooms, Mescher, Elliott, Reese and Branton: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFULLY CARRYING A PISTOL, SO AS TO PROVIDE THAT A RETIRED, PREVIOUSLY-COMMISSIONED LAW ENFORCEMENT OFFICER LAWFULLY MAY CARRY A PISTOL AND DELETE THE REQUIREMENT THAT HE WORKS AS A PRIVATE DETECTIVE OR INVESTIGATOR, AND THAT A LAW ENFORCEMENT OFFICER WHO HAS COMPLETED SUCCESSFULLY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY'S FIREARMS QUALIFICATION COURSE AND WHO COMPLIES WITH HIS EMPLOYING AGENCY'S FIREARMS POLICY MAY CARRY CERTAIN FIREARMS WHILE OFF DUTY.
l:\council\bills\ggs\22749cm01.doc

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

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher, Branton and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 88 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND TITLE 28 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO REQUIRE ALL STATE, COUNTY, MUNICIPAL, LOCAL, AND OTHER GOVERNMENTAL ENTITIES WHICH


Printed Page 174 . . . . . Wednesday, January 10, 2001

ADMINISTER LAND USE REGULATIONS TO ADOPT REGULATIONS AND INTERNAL PROCEDURES FOR APPRAISING PROPERTY AND COMPENSATING PROPERTY OWNERS FOR PROPERTY TAKEN UNDER EMINENT DOMAIN PROCEDURES, AND TO PROVIDE FOR INVERSE CONDEMNATION ACTION BY A PROPERTY OWNER.
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Read the first time and referred to the Committee on Judiciary.

S. 89 (Word version) -- Senators Elliott and Giese: A BILL TO AMEND SECTION 61-4-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT IN ADDITION TO EXISTING PENALTIES A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS AND NO PART OF THE MANDATORY SUSPENSION SHALL BE SUSPENDED BY THE COURT.
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Read the first time and referred to the Committee on Judiciary.

S. 90 (Word version) -- Senators Wilson, McConnell, Giese and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
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Read the first time and referred to the Committee on Finance.

S. 91 (Word version) -- Senators Wilson, Richardson, Elliott, Reese, Setzler and Branton: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT APPROPRIATIONS FOR EDUCATION IN GRADES K-12 MUST BE CONSIDERED AND APPROPRIATED FIRST IN THE ANNUAL GENERAL APPROPRIATIONS ACT BEFORE ANY


Printed Page 175 . . . . . Wednesday, January 10, 2001

OTHER APPROPRIATIONS MAY BE MADE OR CONSIDERED AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Finance.

S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
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Read the first time and referred to the Committee on Judiciary.

S. 93 (Word version) -- Senators Wilson, Bauer, Elliott and Branton: A BILL TO AMEND SECTION 20-7-6605, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE JUVENILE JUSTICE CODE, SO AS TO REVISE THE DEFINITION OF CHILD TO INCLUDE PERSONS UNDER EIGHTEEN YEARS OF AGE IN THE CASE OF STATUS OFFENSES; TO AMEND SECTION 20-7-7205, AS AMENDED, RELATING TO PROCEDURES FOR TAKING JUVENILES INTO CUSTODY, SO AS TO APPLY THESE PROCEDURES TO JUVENILES BEING TAKEN INTO CUSTODY FOR STATUS OFFENSES; TO AMEND SECTION 20-7-7807 RELATING TO SUSPENSION AND REVOCATION OF A DRIVER'S LICENSE AS PART OF THE FAMILY COURT'S DISPOSITIONAL AUTHORITY IN ADJUDICATING JUVENILES, SO AS TO, IN THE CASE OF STATUS OFFENSES, APPLY THIS AUTHORITY TO JUVENILES UP TO AGE EIGHTEEN RATHER THAN AGE SEVENTEEN; TO AMEND SECTIONS 59-65-10 AND 59-65-30, BOTH AS AMENDED, AND RELATING TO COMPULSORY SCHOOL ATTENDANCE AND AN EXEMPTION FROM COMPULSORY ATTENDANCE, RESPECTIVELY, SO AS TO REQUIRE


Printed Page 176 . . . . . Wednesday, January 10, 2001

CHILDREN TO ATTEND SCHOOL UNTIL REACHING THE AGE OF EIGHTEEN RATHER THAN AGE SEVENTEEN.
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Read the first time and referred to the Committee on Judiciary.

S. 94 (Word version) -- Senators Hayes, Elliott, Reese, Rankin and Branton: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORDS CHECKS FOR DAYCARE CENTER EMPLOYEES, SO AS TO PROVIDE THAT PRIOR TO OBTAINING THE RESULTS OF FINGERPRINT REVIEWS CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION, A PERSON MAY BE PROVISIONALLY EMPLOYED BY AFFIRMING IN WRITING THAT HE OR SHE HAS NOT BEEN CONVICTED OF ANY CRIME THAT IS A BAR TO EMPLOYMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 95 (Word version) -- Senators Wilson, Courson, Grooms and Branton: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO DELETE THE COMMISSION'S PROHIBITION ON CONDUCTING A PRESIDENTIAL PRIMARY AND TO PROVIDE THAT THE CERTIFIED POLITICAL PARTY OF THE CANDIDATE RUNNING IN THE PRESIDENTIAL PRIMARY MUST SET THE DATE FOR THE PRIMARY ELECTION; AND TO AMEND ACT 253 OF 1992, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PRIMARY PARTY ELECTIONS, SO AS TO DELETE THE AUTHORITY OF A PARTY TO CONDUCT A PRESIDENTIAL PRIMARY ELECTION AND THE REFERENCE TO PRESIDENTIAL PREFERENCE PRIMARIES.
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Read the first time and referred to the Committee on Judiciary.

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese and Branton: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR


Printed Page 177 . . . . . Wednesday, January 10, 2001

OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
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Read the first time and referred to the Committee on Judiciary.

S. 97 (Word version) -- Senators Wilson, Hayes, Reese and Branton: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 178 . . . . . Wednesday, January 10, 2001

S. 98 (Word version) -- Senators Wilson, Reese, Rankin and Branton: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "HARASSMENT" AND TO EXCLUDE FROM "HARASSMENT" AND "STALKING" THE ACTS OF REGISTERED PRIVATE DETECTIVES PERFORMING THEIR OFFICIAL DUTIES.
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Read the first time and referred to the Committee on Judiciary.

S. 99 (Word version) -- Senators Wilson, Reese and Branton: A BILL TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS THE CANDIDATE RECEIVING THE MOST VOTES CAST IN EXCESS OF FORTY PERCENT OF THE VOTES CAST FOR THE OFFICE, REDUCE FROM A MAJORITY TO FORTY PERCENT THE PERCENTAGE OF VOTERS VOTING IN A PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES FORTY PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO THE DETERMINATION OF A MAJORITY VOTE.
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Read the first time and referred to the Committee on Judiciary.

S. 100 (Word version) -- Senators Elliott, Ford, Reese, Rankin and Branton: A BILL TO AMEND TITLE 27 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA VACATION RENTAL ACT" TO PROVIDE APPROPRIATE REGULATORY GUIDELINES FOR PERSONS AND BUSINESSES ENGAGED IN THE RENTING OR MANAGING OF RESIDENTIAL PROPERTIES FOR VACATION PURPOSES.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 179 . . . . . Wednesday, January 10, 2001

S. 101 (Word version) -- Senators Wilson, Grooms, Hayes, Richardson, Verdin, Elliott and Branton: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS AND TO ENACT LEGISLATION ACCORDINGLY.
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Introduced and referred to the Committee on Judiciary.

S. 102 (Word version) -- Senators Hutto, Ford, Hayes, Reese and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 103 (Word version) -- Senators Leventis and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 48 SO AS TO ENACT THE "COMMUNITY HEALTH AND SAFETY ACT OF 2001", INCLUDING PROVISIONS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT


Printed Page 180 . . . . . Wednesday, January 10, 2001

A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 104 (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 7 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 VIOLATIONS, AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75 OF THE 1976 CODE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 105 (Word version) -- Senators Wilson, Reese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-645 SO AS TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO REASONABLE ALTERNATIVE, TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN REGARDING SUCH CUTTING, AND TO PROVIDE THAT THE DEPARTMENT SHALL CONDUCT A PILOT PROJECT ALLOWING PRIVATE ORGANIZATIONS TO PLANT TREES ALONG CERTAIN HIGHWAYS.
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Read the first time and referred to the Committee on Transportation.

S. 106 (Word version) -- Senators Wilson, Giese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH


Printed Page 181 . . . . . Wednesday, January 10, 2001

CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Transportation.

S. 107 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND SECTION 57-5-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE THE DEPARTMENT TO INSTALL RIGHT-OF-WAY ENTRANCES AND APRONS FOR EXISTING PROPERTY DEVELOPED FOR BUSINESS AS WELL AS PERSONAL USE OF THE OWNER AND TO SUBSTITUTE THE TERM "OWNER" FOR "HOMEOWNER".
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Read the first time and referred to the Committee on Transportation.

S. 108 (Word version) -- Senators Leatherman, Richardson, Elliott and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE SHALL PROVIDE THE DEPARTMENT EVIDENCE OF EITHER GRADUATION FROM HIGH SCHOOL, OR HIS G.E.D. CERTIFICATE OR EVIDENCE THAT HE IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF A PERSON WHO WITHDRAWS FROM


Printed Page 182 . . . . . Wednesday, January 10, 2001

SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF THE PERSON UPON TEN DAYS' WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT A SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
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Read the first time and referred to the Committee on Transportation.

S. 109 (Word version) -- Senators Wilson, McGill, Elliott, Reese and Branton: A BILL TO AMEND THE TITLE OF ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MUNICIPAL AND COUNTY COUNCILMEN AND COUNTY CORONERS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO COUNTY SHERIFFS.
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Read the first time and referred to the Committee on Transportation.

S. 110 (Word version) -- Senators Mescher, Elliott and Branton: A BILL TO AMEND SECTION 56-3-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION, SO AS TO REQUIRE THE SELLER, RATHER THAN THE PURCHASER, OF NEWLY ACQUIRED VEHICLES TO REGISTER AND LICENSE SUCH VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 111 (Word version) -- Senators Land and Rankin: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY USE OF SAFETY BELTS, SO AS TO DELETE THE PROVISION THAT CHARGES A MOTOR VEHICLE DRIVER WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT OVER SIX AND UNDER SEVENTEEN YEARS OF AGE TO WEAR A SAFETY BELT, AND PROVIDE THAT A MOTOR VEHICLE DRIVER IS CHARGED WITH THE RESPONSIBILITY OF REQUIRING EACH


Printed Page 183 . . . . . Wednesday, January 10, 2001

OCCUPANT TO WEAR A SAFETY BELT OR OTHER CHILD RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELT REQUIREMENT, SO AS TO DELETE THE PROVISION THAT EXEMPTS CERTAIN CHILDREN FROM THE MANDATORY USE OF SAFETY BELT REQUIREMENT IF THEY ARE OTHERWISE PROPERLY RESTRAINED; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES IMPOSED FOR VIOLATING AND THE ENFORCEMENT OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT, SO AS TO REVISE THE FINE AND WHO IT MAY BE IMPOSED UPON FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, TO PROVIDE FOR PRIMARY ENFORCEMENT OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND DELETE THE PROVISION THAT STATES THAT A VIOLATION OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT DOES NOT CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE; AND BY ADDING SECTION 56-5-6545 SO AS TO PROVIDE THAT EVIDENCE OF A VIOLATION OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT MAY BE ADMISSIBLE IN A CIVIL SUIT TO BE CONSIDERED BY THE JURY OR JUDGE ON THE ISSUE OF THE COMPARATIVE NEGLIGENCE OF THE VIOLATOR.
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Read the first time and referred to the Committee on Transportation.

S. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
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Read the first time and referred to the Committee on Transportation.

S. 113 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-150 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT ITS PROPOSED TRANSPORTATION IMPROVEMENT PROGRAM OR ITS PROPOSED INTERIM CHANGES TO A TRANSPORTATION


Printed Page 184 . . . . . Wednesday, January 10, 2001

IMPROVEMENT PROGRAM TO CERTAIN OFFICERS OF THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Transportation.

S. 114 (Word version) -- Senators McConnell, Ford, Elliott, Giese and Reese: A BILL TO AMEND SECTION 2-59-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENATE MANAGEMENT AND OPERATIONS COMMITTEE, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO NINE.
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Senator McCONNELL spoke on the Bill.

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

S. 115 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
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Senator ELLIOTT spoke on the Bill.

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

S. 116 (Word version) -- Senator Ford: A BILL TO CREATE THE CHARLESTON COUNTY CONSOLIDATED SCHOOL DISTRICTS AND TO REPEAL ACT NO. 340 OF 1967, AS LAST AMENDED BY ACT NO. 139 OF 1969, SO AS TO ABOLISH THE SCHOOL DISTRICT OF CHARLESTON COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.


Printed Page 185 . . . . . Wednesday, January 10, 2001

S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER BASED ON THE RESULTS OF THE DECENNIAL CENSUS SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 118 (Word version) -- Senators McGill and Elliott: A BILL TO AMEND ACT 191 OF 1971, AS AMENDED, RELATING TO THE WILLIAMSBURG COUNTY RECREATION DISTRICT, SO AS TO TRANSFER TO THE COUNTY GOVERNING BODY THE AUTHORITY TO APPOINT COMMISSION MEMBERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 118 -- Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, S. 118 was ordered to a second and third reading on the next two consecutive legislative days.

S. 119 (Word version) -- Senators Leventis, Peeler, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep, and Wilson: A SENATE RESOLUTION TO HONOR JAMES HUGH RYAN FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA OVER MANY


Printed Page 186 . . . . . Wednesday, January 10, 2001

YEARS WITH THE SOUTH CAROLINA FORESTRY COMMISSION AND TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA FORESTRY COMMISSION AND AS STATE FORESTER OF SOUTH CAROLINA.
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Senator LEVENTIS spoke on the Resolution.

The Senate Resolution was adopted.

S. 120 (Word version) -- Senators Elliott, McGill and Rankin: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM F. "BILL" DAVIS OF AYNOR IN HORRY COUNTY ON HIS PASSING AND EXPRESSING THEIR APPRECIATION FOR HIS LIFELONG DEDICATION TO THE SERVICE OF HIS FELLOW SOUTH CAROLINIANS.
l:\council\bills\skb\18028htc01.doc

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

[H. 3181 -- Reps. Knotts, Carnell, Barrett, Cobb-Hunter, J.H. Neal, Townsend, Sharpe, Kennedy, Clyburn, Davenport and Huggins: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE WORK OF THE STAFF OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD FOR THEIR OUTSTANDING WORK IN ADMINISTRATION OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, AND TO CONGRATULATE ITS DIRECTOR, MIKE GULLEDGE, AND HIS ABLE STAFF FOR THE RECOGNITION THEIR HARD WORK AND GOOD MANAGEMENT HAS BROUGHT ON BEING CITED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A "BEST PRACTICES" MODEL FOR OTHER STATES' ADMINISTRATION OF SIMILAR PROGRAMS.

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

H. 3186 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS


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OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE HUBERT EUGENE LONG OF BATESBURG-LEESVILLE WHO PASSED AWAY ON THURSDAY, SEPTEMBER 28, 2000, AND TO RECOGNIZE HIS MANY ACHIEVEMENTS AND DEDICATED SERVICE TO HIS COMMUNITY AND STATE.

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

H. 3187 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOSEPH H. MILLER OF RICHLAND COUNTY ON HIS RETIREMENT AFTER MORE THAN THIRTY-SIX YEARS OF DEVOTED SERVICE AS A PRACTICING PARTNER WITH COLUMBIA UROLOGICAL ASSOCIATES, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

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

H. 3192 (Word version) -- Reps. Wilkins, Harrison, Harrell, Sharpe, Cato, Townsend, J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton,


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Harvin, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SPEAKER PRO TEMPORE TERRY HASKINS OF GREENVILLE, ONE OF THE MOST RESPECTED AND BELOVED MEMBERS OF THE HOUSE OF REPRESENTATIVES, WHO, AFTER A VALIANT AND EXTENDED STRUGGLE, PASSED AWAY ON OCTOBER 24, 2000.

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

H. 3193 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION TO COMMEND MRS. RHONDA LUCAS WOODS FOR HER DEDICATION AS A SOUTH CAROLINA WIFE, MOTHER, AND GRANDMOTHER, TO THANK HER FOR HER WORK IN NUMEROUS COMMUNITY SERVICE PROJECTS, AND TO CONGRATULATE HER ON BEING CHOSEN MRS. SOUTH CAROLINA AMERICA 2000.

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

H. 3194 (Word version) -- Reps. Limehouse, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod,


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Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA, HEAD FOOTBALL COACH LOU HOLTZ, HIS STAFF, AND THE ENTIRE GAMECOCK FOOTBALL TEAM ON A TREMENDOUS WINNING SEASON AND TO CONGRATULATE THEM ON THEIR VICTORY IN THE 2001 OUTBACK BOWL IN TAMPA, FLORIDA.

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

H. 3195 (Word version) -- Reps. J. Young, G. Brown, J.H. Neal, G.M. Smith, Weeks and Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS AND COMMENDABLE COMMUNITY SERVICE OF RAY REICH WHO HAS OWNED AND OPERATED THREE RADIO STATIONS SERVING SUMTER, CLARENDON, AND LEE COUNTIES, AND WHO RECENTLY ANNOUNCED THE SALE OF HIS BROADCASTING BUSINESS AND TO WISH HIM GODSPEED IN HIS FUTURE ENDEAVORS.

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

H. 3203 (Word version) -- Reps. Townsend, Allison, Barrett, Carnell, Cooper, Gilham, Hamilton, Harrell, Hayes, J. Hines, Huggins, Jennings, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J.M. Neal, Rodgers, Sandifer, Sharpe, Sinclair, D.C. Smith, J.R. Smith, W.D. Smith, Stille, Stuart, Thompson, Walker, Webb, White, Wilder, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS AS OBTAINING THE HIGHEST PROFESSIONAL CREDENTIAL IN THE FIELD OF TEACHING AND TO THANK THEM FOR THEIR DEDICATION TO THEIR STUDENTS AND THE TEACHING PROFESSION.


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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Motion Adopted

On motion of Senator McCONNELL, the Senate agreed to dispense with the Motion Period.

Remarks by Senator BRANTON

Senator BRANTON addressed the Senate with remarks:

Today we begin a new chapter in the history of South Carolina. I hope that we will tear down the walls of partisanship and indifference and build a bridge of partnership, build a bridge of bi-partisanship, build a bridge of love, build a bridge of unity, build a bridge of cooperation, build a bridge of peace, and build a bridge of compassion and understanding for each other as we unite as a Senate to do the business of all the people of South Carolina.

It is my hope and prayer that you will join me in this endeavor and let us this day join our hands, our minds, and our hearts together to do our best for the citizens of South Carolina. So help us God.

On motion of Senator GROOMS, the remarks by Senator BRANTON were ordered printed in the Journal.

Remarks by Senator FORD

Senator FORD addressed the Senate with remarks.

Ladies and gentleman of the Senate:

I spoke to Senator MATTHEWS a few minutes ago. I was in the corner of the coatroom feeling really bad about this entire process. Senator MATTHEWS knows that I have severe high blood pressure and he told me I needed to go to my suite or go walking and calm down. That's not going to help me. The only thing that helps me in these types of situations is to let people know how I feel. How I feel now, especially in the light of this, is that I'm heartbroken. I'm saddened. I never thought I would see this day - yesterday and today - when South Carolina took the kind of drastic action that it has taken. It's almost hatred that I saw yesterday from these folks I love and


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respect - arrogance. It's just unimaginable that this body would go through that.

Let me tell you what happened when I first came here. In 1993, I was able to serve on the Judiciary Committee. I introduced some legislation to do what the Republican Party did yesterday. Senator THEO MITCHELL knew about the legislation and he asked me to go with him to Senator MARSHALL WILLIAMS' office. I did. Senator WILLIAMS explained to me what the S.C. Senate meant and why it does things the way it does and why South Carolinians are different from the rest of the country. At that time I was telling Senator WILLIAMS that every state in the country patterns itself after the United States Senate. Senator WILLIAMS said, "Senator FORD, take the Senator that you are with today, Senator THEO MITCHELL - sometimes Theo will rub us the wrong way. If it were left up to the Senate, he would not be a committee chairperson because we would have chosen another African-American, if, in fact, the Senate did not have these rules.

Based on your reputation and what we heard about you before you got here, you can become chairman of a committee and even become Pro Tempore one day, if you stay long enough - not just as a Senator, but as an African-American Senator, whether the Senators like you or not, because that's the kind of structure we have." Nobody warned us in June of 2000 that the Republican members - people I love and respect - would do what they did yesterday. I wasn't warned.

Here is only one of the problems that I have among many. During the campaign, a young Republican Senator I love and respect asked me to write a letter for him. I did. He has a district that is considered a winnable Democratic district. I put myself on the line and wrote the letter for him because I love him and respect him. As far as I am concerned, he has a bright future in this State. Another Senator who was my suitemate was Senator GROOMS. I did not get involved with his race, but I could have. The Democratic Party could have easily won those two seats, because the one thing I do know how to do is to organize. I know how to get the vote out. I know how to win an election - especially for other people. I was well-trained by Dr. King's staff on how to do that.

But the Senate was not based on mean-spiritedness, not based on policy show, not based on someone just using those tactics like the ones that were used yesterday - street tactics and domination. It was based on a gentlemen's body, a body based on all the wonderful things that Senator WILLIAMS, Lt. Governor Nick Theodore and Senator


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McCONNELL told me about the Senate. They told me how the Senate would embrace you and love you. All of those things went out the window yesterday and today.

After being heartbroken like I was yesterday, there's no way possible now, when I talk to high school students and college students, that I can continue to brag about the process when all of a sudden someone decides they are going to change the rules. One of the things Black people have always been complaining about, ever since Jim Crow days and Jim Crow laws, is why change the rules just when we get in the game.

That's what happened yesterday. What you gentlemen do not understand is this. It's all right to do what you did. I support party structure. I support the U. S. Senate. But the South Carolina Senate has never been based on that. We've been a body based on seniority - where if you stay here long enough, and if you are a good Senator, you have a chance to rise to the top. When the election is over, like the November 7th election is over, we're suppose to forget about the fact that I'm a Democrat and Senator McCONNELL is a Republican. We're supposed to say, "Now let's move forward and represent the citizens of South Carolina." Look what we have become - on this side, Democrats, and that side, Republicans. Some diversity is over here. No diversity is over there. Why would we do something like that? It does not make any sense. Every Senator under the old structure could rise to the top. Senator McCONNELL would have run this Senate a few years from now anyway. We have a lot of senior Senators in this system. He was going to eventually rise to the top. I love the fact the he's Senate Pro Tempore, but I don't love the fact that we had to almost destroy another gentleman to do so. I love the fact that we have this structure, but I don't love the fact that we had to go down like we did as Democrats. We were not warned. In 1993, Senator MARSHALL WILLIAMS told me that it was a gentlemen's agreement and in South Carolina we pride ourselves on that. This is the make-up of the South. Gentlemen's agreements mean something. If, in fact, someone changed their mind, they should have told us. Maybe my Senators on this side knew. I didn't know.

I was willing to help. During the campaign of 2000, I went to almost every Senate district in this State campaigning for the lottery. I did not get involved with anyone's race, because I love and respect every elected member of this body. It does not have to be that way. We don't have to love everyone, but as a Christian, I was taught that. I believe in being a good whatever I am. I chose Christianity because


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my of parents' Christianity and that's what I believe in. I practice it. What has thrown me off as a human being is, if, in fact, you are a Christian, I expect certain things out of you. I expect you to be about love, compassion and the Golden Rule.

When I got here in 1993, there were 30 Democrats and 16 Republicans. The Democratic Senators throughout the years shared power because that was the kind of body we chose to be - not like the U. S. Congress, not like Mississippi, California or the rest of the country. We chose to be South Carolinians and do it our way. Every Senator and every Senate body in the country respected what we were doing. Now look at us. We've got to tell African-American secretaries sometime this week or next week that they are out of a job. Even though the Republicans have the first floor, the second floor, the third floor and the fourth floor of the Gressette Building, they still have a chance to take over the fifth floor. I have a suite. Senator JACKSON and Senator GLOVER have a suite - and under another rule that you are going to pass we won't have that. We will have to bow down like I did yesterday.

I have been on the Labor, Commerce and Industry Committee since 1993. I'm not on that anymore. As a matter of fact, no African-Americans are. It does not make sense to be treated like this. I really feel bad. A lot of folks are much bigger than I am. They can laugh about it - joke about it. I still love everybody on the Republican side. I would die for everybody on the Republican side. I feel bad about what you all have done to this institution, to the system and what you have done to me on a personal basis. I feel bad about it.

Now, maybe these gentlemen don't, but I do, and I don't know how to get over it. I figured if I expressed myself it might be easier, but it's not. It's wrong and I wanted you gentlemen to know that it is wrong. This would be beautiful if this were reality, but brothers and sisters of the Senate, this is not a reality. We have become mean-spirited, hateful and resentful. Yesterday, I saw resentfulness in certain Senators. Even in my good friend, the Lt. Governor, I saw resentment and hatefulness. It does not make sense. We are South Carolina Senators and we need to act like it.

Thank you, and I hope I can get over it.

On motion of Senator LEVENTIS, the remarks by Senator FORD were ordered printed in the Journal.


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COMMITTEE FROM THE HOUSE

Representatives Jennings, Gilham, Easterday and J. Neal appeared in the Chamber to inform the Senate that the House had organized and was ready to proceed with business.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Spartanburg County Delegation, on motion of Senator REESE, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Marcus W. Kitchens, 1180 Maryland Ave., Spartanburg, S.C. 29307 VICE Carolyn B. Waddell

ADJOURNMENT

At 3:02 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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