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


Printed Page 629 . . . . . Wednesday, February 14, 2001

Wednesday, February 14, 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:

Beloved, hear the words of St. Paul, with a sense of mission, to the Corinthians (I Cor. 15:1):

"Now I would remind you, brothers and sisters, of the good news that I proclaimed to you... through which also you are being saved... unless you have come to believe in vain."
Let us pray.

Our Father, this is St. Valentine's Day, but we read in the press about how people don't love each other like brothers and sisters and where even parents are killing their own children.

As leaders of our State, and to some degree responsible for the quality of life to our people, help us to find a way to convince our people that we should live closer to the angels than to the animals.

We are putting a great emphasis on education! Help us to find a way to put the emphasis on the thoughts of old that "The Fear of God is the beginning of wisdom."
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

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007

Robert D. Jennings, 1 Courthouse Square, P.O. Box 106, Bishopville, S.C. 29010


Printed Page 630 . . . . . Wednesday, February 14, 2001

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2541
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Community
Residential Care Facilities
Received by Lieutenant Governor February 13, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration June 13, 2001

Doctor of the Day

Senator GIESE introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

RECALLED AND COMMITTED

S. 164 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB, INTERFERE, OR REMOVE MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS AND PROVIDE A PENALTY.

On motion of Senator PEELER, with unanimous consent, the Bill was recalled from the Committee on Finance.

Senator PEELER asked unanimous consent to commit the Bill to the Committee on Judiciary.


Printed Page 631 . . . . . Wednesday, February 14, 2001

There was no objection.

The Bill was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED, OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 2-48-60, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY,


Printed Page 632 . . . . . Wednesday, February 14, 2001

SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 317 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF SPECIAL PERMITS TO CAPTURE DESTRUCTIVE ANIMALS, SO AS TO PROVIDE THAT A PERSON TAKING A FURBEARING ANIMAL UNDER THE AUTHORITY OF A DEPREDATION PERMIT MAY DISPOSE OF THE ANIMAL COMMERCIALLY IF THE PERSON TAKING THE ANIMAL HAS A VALID COMMERCIAL FUR LICENSE AND THE PELT OF THE ANIMAL IS TAGGED AS REQUIRED BY LAW, AND TO PROVIDE THAT A PERSON TAKING FURBEARING ANIMALS UNDER THE AUTHORITY OF A DEPREDATION PERMIT MUST REPORT THE NUMBER AND TYPE OF ANIMALS TAKEN TO THE FURBEARER BIOLOGIST OF THE DIVISION OF WILDLIFE AND FRESHWATER FISHERIES OF THE DEPARTMENT OF NATURAL RESOURCES WITHIN TWENTY-ONE DAYS OF THE EXPIRATION OF THE PERMIT.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 318 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 50-13-237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE


Printed Page 633 . . . . . Wednesday, February 14, 2001

ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 319 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-13-2020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT AND CONTROL OF LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE REQUIREMENT THAT THE TERMS AND CONDITIONS FOR USE OF LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AND PROVIDE THAT THE TERMS AND CONDITIONS FOR THE USE MUST BE POSTED AT THE SITE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 320 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.


Printed Page 634 . . . . . Wednesday, February 14, 2001

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.
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Read the first time and referred to the Committee on Judiciary.

S. 322 (Word version) -- Senator Mescher: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
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Read the first time and referred to the Committee on Judiciary.

S. 323 (Word version) -- Senators Hayes and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-565 SO AS TO ESTABLISH REQUIREMENTS FOR LICENSURE WITHOUT EXAMINATION FOR A NURSE EDUCATED AND LICENSED IN CANADA.
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Printed Page 635 . . . . . Wednesday, February 14, 2001

Read the first time and referred to the Committee on Medical Affairs.

S. 324 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR HEALTH FACILITY LICENSURE, SO AS TO ALSO REQUIRE HEALTH FACILITY LICENSURE FOR BUSINESSES, ORGANIZATIONS, OR ENTITIES PROVIDING DIRECT CARE OR ASSISTANCE IN PERFORMING ACTIVITIES OF DAILY LIVING IN A NONINSTITUTIONAL SETTING FOR COMPENSATION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 325 (Word version) -- Senators Alexander, Peeler, Holland, Land, Patterson, Jackson, Pinckney, Richardson, Grooms, Ford, Branton, Hawkins, Reese, Glover, Martin, Anderson, Matthews, Saleeby, Ravenel, Wilson, Thomas, Mescher and Passailaigue: A BILL TO AMEND SECTION 40-37-10 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND


Printed Page 636 . . . . . Wednesday, February 14, 2001

REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 326 (Word version) -- Senators Glover, Ford, Anderson, Patterson, Matthews and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135 SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER SELLING A PURCHASER A PREVIOUSLY OWNED VEHICLE MUST WARRANT AND GUARANTEE ALL PARTS AND EQUIPMENT OF THE VEHICLE FOR A PERIOD OF AT LEAST THIRTY DAYS, AND TO REQUIRE THE DEALER UNDER CERTAIN CONDITIONS TO REFUND THE PURCHASE PRICE OF THE VEHICLE OR REPLACE IT WITH A SIMILAR ONE OF EQUAL VALUE ACCEPTABLE TO THE PURCHASER AT THE END OF THIS THIRTY-DAY PERIOD IF THE DEFECTS OF THE MOTOR VEHICLE HAVE NOT BEEN REMEDIED.
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Read the first time and referred to the Committee on Transportation.

S. 327 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.
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Read the first time and referred to the Committee on Judiciary.

H. 3124 (Word version) -- Reps. Emory, Clyburn, Robinson and Whipper: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE


Printed Page 637 . . . . . Wednesday, February 14, 2001

FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.

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

H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.

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

H. 3360 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR


Printed Page 638 . . . . . Wednesday, February 14, 2001

PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.

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

H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

Senator J. VERNE SMITH spoke on the Bill.

Senator J. VERNE SMITH asked unanimous consent to place the Bill on the Local and Uncontested Calendar.

There was no objection.

The Bill was placed on the Local and Uncontested Calendar.

H. 3524 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEWISVILLE HIGH SCHOOL CHEERLEADERS FOR OVERCOMING SEVERAL ADVERSITIES TO WIN THE SOUTH CAROLINA CHEERLEADER COACHES ASSOCIATION CLASS A/AA STATE CHEERLEADING CHAMPIONSHIP ON DECEMBER 15, 2000.

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

H. 3525 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO COMMEND ISRAEL BROOKS, JR., FOR HIS SERVICE AS UNITED STATES MARSHAL FOR THE DISTRICT OF SOUTH CAROLINA AND TO RECOGNIZE HIS MANY ACHIEVEMENTS DURING A DISTINGUISHED LAW ENFORCEMENT CAREER.

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

H. 3526 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE DEBBIE ROGERS ON HER SUCCESS AS THE COACH OF THE LEWISVILLE HIGH SCHOOL CHEERLEADERS,


Printed Page 639 . . . . . Wednesday, February 14, 2001

WHO WON THE SOUTH CAROLINA CHEERLEADER COACHES ASSOCIATION CLASS A/AA STATE CHEERLEADING CHAMPIONSHIP ON DECEMBER 15, 2000, AND TO WISH HER WELL IN HER CONTINUING BATTLE WITH CANCER.

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

H. 3547 (Word version) -- Rep. Thompson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE CAPTAIN DAVID IRBY, LIEUTENANT PAUL DRAKE, AND FIREFIGHTER ERIC BROWN FOR RECEIVING THE ANDERSON COUNTY COURAGE AND LIFESAVING AWARD, AND TO COMMEND THE ENTIRE WHITEFIELD FIRE DEPARTMENT FOR THEIR UNDYING COURAGE.

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

H. 3555 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", HEATHER HUDSON OF LEXINGTON COUNTY, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

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

H. 3556 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 15, 2001.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator MESCHER from the Committee on Judiciary submitted a favorable with amendment report on:

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


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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 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.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.

Ordered for consideration tomorrow.


Printed Page 641 . . . . . Wednesday, February 14, 2001

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.

Ordered for consideration tomorrow.

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

S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.

Ordered for consideration tomorrow.

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

S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO WEEK PERIOD


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BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3109 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND SECTION 40-15-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH DENTAL HYGIENISTS MAY MONITOR NITROUS OXIDE ANESTHESIA, SO AS TO APPLY SUCH MONITORING TO NITROUS OXIDE INHALATION CONSCIOUS SEDATION.

Ordered for consideration tomorrow.

CONCURRENCE

S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.

The House returned the Bill with amendments.

On motion of Senator REESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

OBJECTION

S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR


Printed Page 643 . . . . . Wednesday, February 14, 2001

PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

Objection

Senator MARTIN asked unanimous consent to make a motion to adjourn debate on the Bill.

Senator PASSAILAIGUE objected.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

Senator MARTIN objected to further consideration of the Bill during the Uncontested Call of the Calendar.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 158 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC EMPLOYMENT, BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE


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UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND TO AMEND CHAPTER 101 OF TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-375, SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.

CARRIED OVER

S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was carried over.

S. 189 -- Adopted

Senator THOMAS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

Senator THOMAS asked unanimous consent to adopt the Resolution.

There was no objection.

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

H. 3421 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN


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JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2001.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 198 (Word version) -- Senators Leatherman, Leventis, Martin, Giese, Mescher, McConnell, J. Verne Smith, Thomas, Verdin, Richardson and Branton: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

Point of Quorum

At 3:44 P.M., Senator BAUER made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

ACTING PRESIDENT PRESIDES

At 3:46 P.M., Senator McCONNELL assumed the Chair.


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Senator PASSAILAIGUE argued contra to the third reading of the Bill.

PRESIDENT PRESIDES

At 3:53 P.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE continued arguing contra to the third reading of the Bill.

Motion Withdrawn

With Senator PASSAILAIGUE retaining the floor, Senator MOORE asked unanimous consent to make a motion to be granted leave to introduce a Bill sponsored by Senator PASSAILAIGUE which would exempt unprepared food from the local option sales tax, refer the Bill to the Senate Finance Committee, and set the Bill for consideration on the agenda of the next meeting of the Finance Committee.

On motion of Senator MOORE, with unanimous consent, the motion was withdrawn.

Senator PASSAILAIGUE continued arguing contra to the third reading of the Bill.

Co-Sponsor Removed

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was removed as a co-sponsor of S. 198.

Senator PASSAILAIGUE continued arguing contra to the third reading of the Bill.

On motion of Senator HAYES, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.

LOCAL APPOINTMENT
Confirmation

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

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007


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Robert D. Jennings, 1 Courthouse Square, P. O. Box 106, Bishopville, S.C. 29010

MOTION ADOPTED

On motion of Senator RITCHIE, on behalf of the entire Senate, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Mack Caudill of Tampa, Fla., beloved father-in-law of Senator PEELER.

ADJOURNMENT

At 4:49 P.M., on motion of Senator HAYES, the Senate adjourned to meet tomorrow at 11:00 A.M.

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