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

Printed Page 676 . . . . . Tuesday, February 20, 2001

Tuesday, February 20, 2001

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, we now have a tradition. For President's Day we pray President George Washington's Prayer for the United States of America.
Let us pray.

"Almighty God, we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord.
Amen."

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

Doctor of the Day

Senator FAIR introduced Dr. Woodrow W. Long of Greenville, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 346 (Word version) -- Senators Moore and Martin: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE

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TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
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Read the first time and referred to the Committee on Finance.

S. 347 (Word version) -- Senators Branton, Leatherman, McConnell, Peeler, Mescher, Grooms, Bauer, Ryberg, Wilson, Waldrep and Verdin: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITATIONS ON ASSESSMENT OF TAXES AND FEES AND CLAIMS FOR CREDIT OR REFUND, SO AS TO EXTEND THE PERIOD IN WHICH A CLAIM FOR CREDIT OR REFUND IS CONSIDERED TIMELY FILED FROM THREE YEARS TO FIVE YEARS AFTER THE RETURN WAS FILED OR FROM TWO YEARS TO FIVE YEARS FROM THE DATE OF PAYMENT, WHICHEVER IS LATER AND TO MAKE CONFORMING AMENDMENTS.
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Read the first time and referred to the Committee on Finance.

S. 348 (Word version) -- Senators Branton, Grooms, McConnell, Ravenel, Giese, Mescher, Ryberg, Peeler, Hayes, Thomas, Fair, Wilson, Waldrep, Verdin, Leatherman and Martin: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF CERTAIN TERMS THAT APPLY TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO REVISE THE DEFINITION OF "INVOLUNTARY REASSIGNMENT" TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO REASSIGN A DIRECTOR OF A DEPARTMENT OF CORRECTIONS' INSTITUTION TO ANY FACILITY WITHIN THE STATE.
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Read the first time and referred to the Committee on Finance.

S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO

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PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Finance.

S. 350 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-325 SO AS TO PROVIDE THAT UPON ISSUING A PERSON A ROUTE RESTRICTED DRIVER'S LICENSE, THE DEPARTMENT OF PUBLIC SAFETY MUST PROVIDE THE PERSON WITH A COPY OF THE APPROVED ROUTE THAT HAS BEEN CERTIFIED BY THE DEPARTMENT'S MOTOR VEHICLE DIVISION, WHICH MUST BE CARRIED BY THE PERSON WHEN HE OPERATES A MOTOR VEHICLE AND WHICH MUST BE DISPLAYED UPON DEMAND BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A PERSON WHO FAILS TO MAINTAIN THE CERTIFIED COPY OF THE APPROVED ROUTE OR FAILS TO DISPLAY IT UPON DEMAND BY A LAW ENFORCEMENT OFFICER IS SUBJECT TO THE PENALTIES ASSOCIATED WITH DRIVING WITH A DRIVER'S LICENSE THAT HAS BEEN CANCELLED, SUSPENDED, OR REVOKED; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY FIVE-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT

Printed Page 679 . . . . . Tuesday, February 20, 2001
ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO CERTAIN TESTS TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY TEN-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED.
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Read the first time and referred to the Committee on Judiciary.

S. 351 (Word version) -- Senators McConnell, Holland and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 352 (Word version) -- Senators Ryberg, Waldrep, Wilson, Ritchie, Fair, Alexander, Giese, Hawkins, Martin, Branton, Grooms, Gregory and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-625 AND SECTION 44-55-815 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE OBJECTIVE REGULATIONS CONCERNING, RESPECTIVELY, PERMITTING AND REGULATING SEPTIC

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TANKS IN COUNTIES WITH A CITY OF OVER SEVENTY THOUSAND AND SEPTIC TANKS AT HOME SITES, TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR COUNTY BOARDS OF HEALTH FROM DENYING THE ISSUANCE OF SEPTIC TANK PERMITS IF CERTAIN CRITERIA ARE MET AND FROM INTERFERING IN THE SALE OF REAL PROPERTY REGARDLESS OF WHAT TYPE OF SEWAGE TREATMENT SYSTEMS ARE PROPOSED, AND TO AUTHORIZE PUBLIC HEARINGS AND COMMENT ON SEPTIC TANK PERMITS ONLY IF CERTAIN CRITERIA ARE NOT MET; AND TO AMEND SECTION 44-55-620, RELATING TO SPECIFICATIONS, RULES, AND REGULATIONS PROMULGATED BY COUNTY BOARDS OF HEALTH IN COUNTIES WITH A CITY OF OVER SEVENTY THOUSAND, SO AS TO PROVIDE THAT ONLY OBJECTIVE SPECIFICATIONS, RULES, AND REGULATIONS MAY BE PROMULGATED AND TO REQUIRE AT LEAST TWO PUBLIC HEARINGS BEFORE THEY ARE PROMULGATED, TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A COUNTY BOARD OF HEALTH FROM DENYING THE ISSUANCE OF SEPTIC TANK PERMITS IF CERTAIN CRITERIA ARE MET AND TO AUTHORIZE PUBLIC HEARINGS AND COMMENT ON SEPTIC TANK PERMITS ONLY IF CERTAIN CRITERIA ARE NOT MET.
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Read the first time and referred to the Committee on Medical Affairs.

S. 353 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO COMMEND CHUCK AND PENNY EMLING FOR THEIR GENEROUS SUPPORT AND OUTSTANDING CONTRIBUTIONS AS HONORARY COACHES OF THE LANDER UNIVERSITY MEN'S TENNIS TEAM DURING 1999 AND 2000 WHICH WERE EACH NATIONAL CHAMPIONSHIP SEASONS.
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The Senate Resolution was adopted.

S. 354 (Word version) -- Senators Peeler, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore,

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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 EXPRESS THE PROFOUND SHOCK AND SORROW OF ALL SOUTH CAROLINIANS UPON THE DEATH OF NASCAR DRIVER DALE EARNHARDT, SR. OF KANNAPOLIS, NORTH CAROLINA, WHO WAS TRAGICALLY KILLED IN A CRASH ON THE LAST LAP OF THE DAYTONA 500 ON SUNDAY, FEBRUARY 18, 2001.
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Senator PEELER spoke on the Resolution.

The Senate stood for a moment of silence in memory of Dale Earnhardt, Sr.

The Senate Resolution was adopted.

S. 355 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 40-18-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF CONTRACT SECURITY BUSINESSES, SECTION 40-18-60, RELATING TO LICENSURE OF PROPRIETARY SECURITY BUSINESSES, AND SECTION 40-18-70, RELATING TO LICENSURE OF PRIVATE INVESTIGATION BUSINESSES, SO AS TO PROVIDE THE INITIAL LICENSURE FEES FOR THESE BUSINESSES IS THREE HUNDRED DOLLARS AND THE FEE FOR ANNUAL LICENSE RENEWAL IS ONE HUNDRED DOLLARS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3042 (Word version) -- Reps. Knotts, Altman, Whatley and Owens: A BILL TO AMEND SECTIONS 61-4-520 AND 61-6-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A PERMIT TO SELL BEER AND WINE AND THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO REQUIRE AN APPLICANT TO FURNISH CERTIFICATION FROM THE MUNICIPALITY OR COUNTY IN WHICH THE BUSINESS IS TO BE CONDUCTED THAT THE APPLICANT IS IN COMPLIANCE WITH ALL APPLICABLE

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ZONING AND LAND USE ORDINANCES AND REGULATIONS OF THAT JURISDICTION.

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

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

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

H. 3240 (Word version) -- Reps. Altman, Limehouse, Campsen and Scarborough: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON

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SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO REQUEST A TAX LEVY IN EXCESS OF NINETY MILLS BY A RESOLUTION DIRECTED TO THE CHARLESTON COUNTY COUNCIL ADOPTED BY AT LEAST A TWO-THIRD MAJORITY ON TWO READINGS AT MEETINGS ON TWO SEPARATE DAYS, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, TO REQUIRE THIS APPROVAL TO BE EXERCISED BY AN ORDINANCE ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY, AND TO REQUIRE THE BOARD TO PROVIDE COUNCIL WITH THE FINANCIAL INFORMATION THE COUNCIL REQUESTS IN CONNECTION WITH THE REQUEST.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 3288 (Word version) -- Reps. Cato, Edge and White: 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.

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

H. 3304 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO REWRITE THE CHAPTER AND ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2001", TO PROVIDE FOR DEFINITIONS AND FOR APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, TO PROVIDE FOR SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, TO PROVIDE

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FOR THE DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, AND FOR THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, TO PROVIDE FOR WHAT AN AGENCY CONTRACT MUST STATE OR CONTAIN AND FOR A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, TO PROVIDE FOR WHEN AN AGENCY CONTRACT IS VOIDABLE, AND FOR WHEN A STUDENT ATHLETE MAY CANCEL AN AGENCY CONTRACT, TO REQUIRE AN ATHLETE AGENT TO RETAIN CERTAIN RECORDS FOR FIVE YEARS AND PROVIDE FOR THE INSPECTION OF THOSE RECORDS, TO PROVIDE THAT AN ATHLETE AGENT MAY NOT MAKE CERTAIN REPRESENTATIONS OR FURNISH ANYTHING OF VALUE TO STUDENT ATHLETES WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, TO PROVIDE THAT AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

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

H. 3380 (Word version) -- Reps. Jennings and Kelley: A BILL TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.

Read the first time and referred to the General Committee.

H. 3446 (Word version) -- Reps. Jennings and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 52 FROM KIMREY LANE THROUGH THE CASH COMMUNITY OF CHESTERFIELD COUNTY TO THE

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DARLINGTON COUNTY LINE AS THE "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY" IN MEMORY OF U.S. MARINE CORPORAL KELLY KEITH WHO WAS KILLED ON APRIL 9, 2000, WHEN THE MV-22 OSPREY, A COMBINATION HELICOPTER AND AIRPLANE FOR WHICH HE WAS THE CREW CHIEF, TRAGICALLY CRASHED IN ARIZONA WHILE ON A TRAINING EXERCISE, AND TO FURTHER REQUEST THE DEPARTMENT INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THE HIGHWAY THAT THE DEPARTMENT CONSIDERS ADVISABLE CONTAINING THE WORDS "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY".

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

H. 3506 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 3546 (Word version) -- Reps. Knotts, Altman, Bingham, Whatley and Wilkins: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE

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MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2002, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO PROVIDE THAT A PERSON APPOINTED TO THE TASK FORCE BEFORE FEBRUARY 1, 2001, SHALL REMAIN ON THE TASK FORCE.

Read the first time and referred to the Committee on Corrections and Penology.

H. 3559 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.

Read the first time and ordered placed on the Calendar without reference.

H. 3559--Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, H. 3559 was ordered to receive a second and third reading on the next two consecutive legislative days.

REPORTS OF STANDING COMMITTEES

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 187 (Word version) -- Senators Rankin and Short: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY

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A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 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.

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

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.

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 BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL

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ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

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.

ADOPTED

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.

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

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

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KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.

On motion of Senator THOMAS, the Concurrent Resolution was carried over.

CO-SPONSOR ADDED

S. 337 (Word version) -- Senators Glover and Pinckney: A BILL TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO PROVIDE THAT AT THE DEDICATION OF THIS MONUMENT AND PERMANENTLY THEREAFTER THE BLACK LIBERATION FLAG MUST BE FLOWN FROM A FLAGPOLE TO BE ERECTED ON THE EAST SIDE OF THE MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF THIS FLAG, AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 337.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION FAILED

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 COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.

Senator MARTIN moved that the Bill be made a Special Order.

Senator LEVENTIS objected to the motion.

The question then was the motion to make the Bill a Special Order.

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

Ayes 24; Nays 14

Printed Page 690 . . . . . Tuesday, February 20, 2001

AYES

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--24

NAYS

Anderson                  Drummond                  Ford
Hutto                     Land                      Leventis
Matthews                  McGill                    Moore
O'Dell                    Passailaigue              Pinckney
Setzler                   Short

Total--14

Not having received the requisite number of votes, the motion to make the Bill a Special Order failed.

POINT OF ORDER

S. 230 (Word version) -- Senators Passailaigue, Moore, Drummond and Setzler: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN S. MCCAIN, UNITED STATES SENATOR FROM ARIZONA, TO ADDRESS THE GENERAL ASSEMBLY ON THE ISSUE OF CAMPAIGN FINANCE REFORM IN JOINT SESSION AT A TIME MUTUALLY CONVENIENT FOR BOTH HOUSES.

Senator DRUMMOND moved to make the Resolution a Special Order.

Point of Order

Senator WILSON raised a Point of Order that the motion was out of order inasmuch as the Resolution had not been on the Calendar for six statewide legislative days.

The PRESIDENT sustained the Point of Order.

Printed Page 691 . . . . . Tuesday, February 20, 2001

MOTION ADOPTED

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

Committee to Escort

The PRESIDENT appointed Senators McCONNELL, GIESE, PATTERSON, GLOVER and RITCHIE to escort the Honorable Jean H. Toal, Chief Justice of the Supreme Court, and her party to the rostrum of the House of Representatives for the Joint Assembly on Wednesday, February 21, 2001.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

S. 204 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

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

Senator HAWKINS argued in favor of the Bill.

Objection

Senator HUTTO asked unanimous consent to make a motion to carry over the Bill in the status of Special Order.

Senator HAWKINS objected.

Senator HAWKINS argued in favor of the Bill.

The question was the second reading of the Bill.

Printed Page 692 . . . . . Tuesday, February 20, 2001

Senator HUTTO moved to carry over the Bill.

The question then was the motion to carry over the Bill.

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

Ayes 19; Nays 23

AYES

Anderson                  Drummond                  Ford
Giese                     Glover                    Holland
Hutto                     Land                      Leventis
Matthews                  McGill                    Moore
O'Dell                    Passailaigue              Patterson
Pinckney                  Rankin                    Setzler
Short

Total--19

NAYS

Alexander                 Bauer                     Branton
Courson                   Fair                      Gregory
Grooms                    Hawkins                   Hayes
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Thomas                    Verdin
Waldrep                   Wilson

Total--23

The Senate refused to carry over the Bill.

The question then was the second reading of the Bill.

Senator HUTTO spoke on the Bill.

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

Printed Page 693 . . . . . Tuesday, February 20, 2001

MOTION ADOPTED

On motion of Senators BRANTON, HUTTO and GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of NASCAR Driver Dale Earnhardt, Sr. of Kannapolis, N.C., who was tragically killed in a crash on the last lap of the Daytona 500 on Sunday, February 18, 2001.

ADJOURNMENT

At 1:20 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:30 A.M., under the provisions of Rule 1B.

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