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

Printed Page 829 . . . . . Wednesday, March 7, 2001

Wednesday, March 7, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:30 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, St. Paul wrote to the Romans... in Phillip's rendering: (Chapter 12:21):

"Do not be overcome by evil, but overcome evil with good."
Let us pray.

Almighty God, forbid that we shall ever think of You as our ULTIMATE CONVENIENCE.

Forgive us when we persist in living according to our selfish wills after we have prayed "THY WILL BE DONE."

Help us to understand that a confidence and trust in our God is a consequence as well as a prerequisite to conforming our wills to Yours.

In these days when man is flying far above the birds and descending deeper than the fish, and man's voice is being heard among the planets, and man's eyes are seeing new unseen worlds in the molecules of matter, God wants us to act like His children, and show love and mercy and kindness and creativity and redemptiveness in our dealings with each other... TO YOUR GLORY!
Amen.

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

Doctor of the Day

Senator MOORE introduced Dr. B. E. "Ned" Nicholson of Edgefield, S.C., Doctor of the Day.

RECALLED AND COMMITTED

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

Printed Page 830 . . . . . Wednesday, March 7, 2001
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.

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

There was no objection.

Senator BRANTON asked unanimous consent to commit the Bill to the Committee on Corrections and Penology.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 417 (Word version) -- Senator Giese: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 12 SO AS TO ENACT THE "SOUTH CAROLINA RIPARIAN BUFFER ZONE MANAGEMENT ACT OF 2000"; TO REGULATE RIPARIAN LAND USE AND VARIANCES SO AS TO PROVIDE FOR RIPARIAN BUFFER ZONES FOR STREAMS, RIVERS, ESTUARIES, AND OTHER WATERS OF THIS STATE; TO PROVIDE FOR IMPLEMENTATION OF RIPARIAN BUFFER ZONE REQUIREMENTS BY LOCAL GOVERNMENT ORDINANCES AND REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THAT, IF A LOCAL GOVERNMENT FAILS TO ADOPT AND ENFORCE THE MINIMUM RIPARIAN BUFFER PROTECTION PROGRAM REQUIREMENTS, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ADMINISTER AND ENFORCE THE MINIMUM STATEWIDE RIPARIAN BUFFER ZONE REQUIREMENTS WITHIN ALL OR THE AFFECTED PORTION OF THE LOCAL JURISDICTION; TO PROVIDE FOR ENFORCEMENT PROCEDURES; AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
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Senator GIESE spoke on the Bill.

Printed Page 831 . . . . . Wednesday, March 7, 2001

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 418 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, BY ADDING SECTION 59-40-200 SO AS TO PROVIDE THAT ANY PROVISION OF CHAPTER 40 OF TITLE 59 DETERMINED TO BE INVALID SHALL NOT AFFECT THE REMAINING PROVISIONS OF THE CHAPTER.
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Read the first time and referred to the Committee on Education.

S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. Verne Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.
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Senator PINCKNEY spoke on the Bill.

Printed Page 832 . . . . . Wednesday, March 7, 2001

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

S. 420 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT QUALIFYING JOBS CREATED IN A COUNTY WHICH IS NOT TRAVERSED BY AN INTERSTATE HIGHWAY ARE ELIGIBLE FOR A CREDIT ONE TIER HIGHER THAN WOULD OTHERWISE APPLY AND TO PROVIDE AN EXCEPTION.
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Read the first time and referred to the Committee on Finance.

S. 421 (Word version) -- Senator Wilson: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
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Read the first time and referred to the Committee on Judiciary.

S. 422 (Word version) -- Senator McGill: A SENATE RESOLUTION TO COMMEND MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE, FOR HIS UNTIRING EFFORTS TO ENSURE FUTURE GENERATIONS OF SOUTH CAROLINIANS WILL KNOW AND ENJOY THE RICH HERITAGE OF OUR STATE'S NATIVE AMERICAN INDIANS AND TO RECOGNIZE HIM FOR HIS EFFORTS TO PRESERVE THE TRADITIONAL WAYS OF INDIAN CULTURE.
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The Senate Resolution was adopted.

S. 423 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECH-LANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA'S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO

Printed Page 833 . . . . . Wednesday, March 7, 2001
PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 424 (Word version) -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THE EAST AND WESTBOUND LANES OF INTERSTATE HIGHWAY 26 BETWEEN MILE MARKER 199 IN BERKELEY COUNTY AND ITS TERMINAL INTERCHANGE WITH UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THAT READS "NO TRUCKS 3 AXLES OR MORE LEFT LANE EXCEPT TO PASS".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 425 (Word version) -- Senators Wilson, Ryberg, Bauer, Setzler, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE RYAN C. SHEALY, A FORMER MEMBER OF THE SOUTH CAROLINA STATE SENATE AND THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3100 (Word version) -- Reps. Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROVIDE THAT A PERSON WHO

Printed Page 834 . . . . . Wednesday, March 7, 2001
KNOWINGLY AND WILFULLY REPLACES A MOTOR VEHICLE'S INFLATABLE RESTRAINT SYSTEM WITH AN OBJECT WHICH IS NOT DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS IS GUILTY OF A CRIME, AND TO PROVIDE CERTAIN PENALTIES.

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

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO

Printed Page 835 . . . . . Wednesday, March 7, 2001
PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE
Printed Page 836 . . . . . Wednesday, March 7, 2001
THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

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

H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

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

Printed Page 837 . . . . . Wednesday, March 7, 2001

H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

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

H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

H. 3674 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser, Stuart: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RYAN C. SHEALY OF LEXINGTON, BELOVED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES

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

Printed Page 838 . . . . . Wednesday, March 7, 2001

S. 46 (Word version) -- Senators Ford, Elliott, Reese and Branton: 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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a majority favorable and Senator GLOVER a minority unfavorable report on:

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.

Ordered for consideration tomorrow.

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

S. 143 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,

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RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a majority favorable and Senator GLOVER a minority unfavorable report on:

S. 148 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND CHURCH RELATED EVENTS.

Ordered for consideration tomorrow.

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

S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR.

Ordered for consideration tomorrow.

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

S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 840 . . . . . Wednesday, March 7, 2001
RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.

Ordered for consideration tomorrow.

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

S. 250 (Word version) -- Senators Waldrep, Branton and Hawkins: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

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

S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins and Ritchie: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

Ordered for consideration tomorrow.

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

S. 271 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO PROVIDE FOR A SPECIAL REASSESSMENT BY THE COUNTY ASSESSOR WHEN THE FAIR MARKET VALUE OF PARCELS OF REAL PROPERTY ADJACENT TO A RIVER, STREAM, POND, OR LAKE HAS BEEN

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ADVERSELY IMPACTED BY THE RELEASE INTO THE WATER OF POLLUTANTS BY OTHER THAN THE AFFECTED PROPERTY OWNER, TO PROVIDE THAT THIS SPECIAL REASSESSMENT MAY RESULT ONLY IN REDUCED FAIR MARKET VALUE, TO PROVIDE FOR APPEAL OF THE VALUE DETERMINED IN THIS SPECIAL REASSESSMENT, AND TO PROVIDE THAT A PROPERTY OWNER MAY TAKE THE STANDARD APPEAL WITHOUT REGARD TO THE OTHERWISE APPLICABLE YEARLY DEADLINE TO FILE AN APPEAL IF THE PROPERTY OWNER ELECTS NOT TO BE COVERED BY THE SPECIAL REASSESSMENT.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a majority favorable with amendment and Senator MARTIN a minority unfavorable report on:

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S. 337 (Word version) -- Senators Glover, Pinckney and Ford: 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.

Ordered for consideration tomorrow.

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

H. 3053 (Word version) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE STATE RETIREMENT ACCOUNT OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES,

Printed Page 843 . . . . . Wednesday, March 7, 2001
RETIREMENT ALLOWANCES AND CONTRIBUTIONS ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO, AND TO PROVIDE THAT MONIES DERIVED FROM A PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY ARE NOT SUBJECT TO SECTION 8-1-115; TO AMEND SECTION 9-8-190, SECTION 9-9-180, AND SECTION 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; AND TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION.

Ordered for consideration tomorrow.

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

H. 3227 (Word version) -- Reps. Altman and Neilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3556 favorable:

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.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
Printed Page 844 . . . . . Wednesday, March 7, 2001
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 399 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION IS HEREBY REAUTHORIZED UNTIL JULY 1, 2001, IN ORDER TO PROVIDE FOR THE DEDICATION OF THE MONUMENT AND TO CONCLUDE THE AFFAIRS OF THE COMMISSION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 400 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE THE NATIONAL COALITION FOR STROKE PREVENTION AWARENESS FOR THEIR WORK TO INFORM THE PUBLIC ON THE BENEFITS OF LONG TERM STROKE PREVENTION AND FOR THEIR EFFORTS IN IMPROVING THE QUALITY OF LIFE FOR THOSE INDIVIDUALS WHO SUFFER STROKES EACH YEAR.

Returned with concurrence.

Received as information.

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

Printed Page 845 . . . . . Wednesday, March 7, 2001

THIRD READING BILL

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

S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

By prior motion of Senator GROOMS, with unanimous consent

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.

By prior motion of Senator WILSON, with unanimous consent

MOTION ADOPTED

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Paul S. McChesney, Jr. distinguished jurist of Spartanburg, S.C.

ADJOURNMENT

At 2:00 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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