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


Printed Page 973 . . . . . Wednesday, March 6, 2002

Wednesday, March 6, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.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, as we come together with the House today, hear the words of Proverbs 18:14:

"The human spirit will endure sickness;

but a broken spirit -- who can bear?"
Let us pray.

Our Father, we remember that in the days of the life of Jesus of Nazareth in the flesh, men, women and little children came to Him for help. They came, the lame and those afflicted with all kinds of physical, mental and spiritual handicaps. He healed bodies, minds and spirits.

We thank You for all the healing and help that the Easter Seal Society has been able to provide for so many... for so long.

We are glad to join with the Law Enforcement Officers Association, the Restaurant Association and others in the annual visitation and offering.

Father, bless the crippled in body and spirit... and those that help... even a little!
Amen.

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. Steven Ross of Florence, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator KUHN requested a leave of absence for Thursday, March 7, 2002.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:


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S. 1091 (Word version) -- Senators Leventis and Hayes: A BILL ALLOWING A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH.
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Senator LEVENTIS spoke on the Bill.

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

S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.
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Read the first time and referred to the Committee on Finance.

S. 1093 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2668, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1094 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO CONGRATULATE MS. KRISTIE EDLING OF CHARLESTON, A STUDENT AT THE ACADEMIC MAGNET HIGH SCHOOL IN NORTH CHARLESTON, ON RECEIVING A 2002 PRUDENTIAL SPIRIT OF COMMUNITY AWARD.
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The Senate Resolution was adopted.


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H. 4839 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. FLORINETTE FORD RENFROW OF LAKE VIEW FOR HER DEDICATION TO HER FAMILY AND FAMILY VALUES EXHIBITED OVER MANY YEARS WHILE RAISING A CHRISTIAN FAMILY OF ELEVEN OUTSTANDING AND ACCOMPLISHED CHILDREN, AND TO CONGRATULATE HER FOR BEING NAMED THE 2002 SOUTH CAROLINA MOTHER OF THE YEAR.

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

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

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

H. 4843 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THOMAS F. RICHEY, SR. OF IRMO FOR HIS


Printed Page 976 . . . . . Wednesday, March 6, 2002

LIFETIME OF DEDICATED SERVICE TO THE AMERICAN LEGION AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

H. 4854 (Word version) -- Reps. Kelley, Keegan, Barfield, Edge and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND FIRE CHIEF LYNWOOD O. WOMACK OF THE MYRTLE BEACH FIRE DEPARTMENT FOR HIS OUTSTANDING LEADERSHIP OF THE DEPARTMENT UPON HIS RETIREMENT AS CHIEF.

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

REPORTS OF STANDING COMMITTEES

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

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.

Ordered for consideration tomorrow.

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

S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.


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Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.

Ordered for consideration tomorrow.

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

S. 1014 (Word version) -- Senators Hawkins, Grooms, Ravenel, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO REQUIRE PARENTAL CONSENT TO OBTAIN SAMPLES FOR TESTING AND TO PERFORM RESEARCH USING A SAMPLE TAKEN, TO AUTHORIZE A PARENT OR A PERSON OVER EIGHTEEN TO REQUEST IN WRITING THAT ANY SAMPLE TAKEN FOR TESTING BE DESTROYED AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE A REQUEST FORM ON ITS WEBSITE, TO REQUIRE THE DEPARTMENT TO DESTROY A SAMPLE FIFTEEN YEARS AFTER THE BIRTH OF A CHILD, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION

Printed Page 979 . . . . . Wednesday, March 6, 2002

51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

Ordered for consideration tomorrow.

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

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

Ordered for consideration tomorrow.

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

H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL


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RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14, AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1080 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.


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HOUSE CONCURRENCE

S. 1081 (Word version) -- Senators Leventis, Giese and Verdin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1082 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MARCH 17-23, 2002, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL


Printed Page 982 . . . . . Wednesday, March 6, 2002

ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

H. 4430 (Word version) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY CHANGING THE NAME OF AN ADVISORY BOARD MEMBER FROM THE SOUTH CAROLINA ASSOCIATION OF LIFE UNDERWRITERS TO ITS CURRENT NAME OF THE SOUTH CAROLINA ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.

THIRD READING BILLS

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

S. 1064 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2637,


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PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE, THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN


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TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Senator LEATHERMAN asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the amendment, the question being the second reading of the Joint Resolution.

Senator LEATHERMAN proposed the following amendment (NBD\11356AC02), which was adopted:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   (A)(1)   A referendum must be held May 7, 2002, to determine if the Florence County School District One Board of Trustees annually may raise the millage for school operations by five mills over the millage levied for the previous year, not to exceed an increase of twenty mills over a five-year period, with these increases, annually and over a five-year period, being in addition to any increase in millage required to comply with the Education Improvement Act local maintenance of effort.

(2)   The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The cost of the referendum must be paid by the school district.

(3)   If on the question submitted at the referendum held pursuant to this subsection a majority of the qualified electors voting in the referendum:

(a)   vote in favor of the question, the board of trustees is authorized to operate the school district under the authority granted in the referendum;

(b)   do not vote in favor of the question, the provisions of Act 239 of 1981 apply, except as affected by an act of 2002 bearing ratification number 174.

(B)(1)   Upon a favorable vote in the referendum held pursuant to subsection (A), in any year in which the proposed millage exceeds the increase authorized annually or over a five-year period, as provided for


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in subsection (A), the increase must be approved in a referendum to be held pursuant to this subsection.

(2)   The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The cost of the referendum must be paid by the school district.

(3)   If on the question submitted at a referendum held pursuant to this subsection a majority of the qualified electors voting the referendum:

(a)   vote in favor of the question, the board of trustees shall certify the approved millage to the county auditor to be added to the otherwise applicable school millage; or

(b)   do not vote in favor of the question, the millage amount to be collected is limited as provided for in subsection (A).

(C)   The provisions of this joint resolution do not replace, but are in addition to, the provisions of an act of 2002 bearing ratification number 174.

SECTION   2.   This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

CARRIED OVER

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF


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ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

On motion of Senator KUHN, with unanimous consent.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

  READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 715 (Word version) -- Senators McConnell, J. Verne Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

RECESS

At 11:25 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.


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JOINT ASSEMBLIES
"Creating Solutions for Disabilities Day"

At 11:30 A.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.

The PRESIDENT then recognized Senator GIESE who introduced the State Easter Seal Representatives and guests:

Representative Askins and Senator McGILL escorted Ra'Quan Brayboy, son of Gracie Brayboy of Lake City;

Representative J. Brown and Senator DRUMMOND escorted Emili Darragh, daughter of Beth Davenport of Greenwood;

Representative Martin and Senator WALDREP escorted Crystal Lynn Beeman, daughter of Pam and Bill Beeman of Anderson.

Senator REESE and Representative Davenport escorted Taylor Gregory, daughter of Shane and Tracy Gregory of Inman;

Senator BRANTON and Representative A. Young escorted Jonathan Philip Cockle, son of Jonathan and Susanne Cockle of Summerville;

Senator SETZLER and Representative Stuart escorted Adam Jumper, son of Lisa and Kevin Jumper of Swansea;

Speaker Wilkins and Senator ANDERSON escorted Luke Brunson, son of Sally Brunson of Greenville; and,

Senator RAVENEL and Representative Miller escorted Raymond Keller of Litchfield.


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Senator GIESE also introduced and escorted Harriet Lowe of White Rock, Grand Marshal.

Senator GIESE also recognized John Brooks, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Sergeant Kenneth Barfield, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association; and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association and Sammy Ridgeway, State President of the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.

The PRESIDENT declared the portion of the Joint Assembly dealing with "Creating Solutions for Disabilities Day" adjourned and proceeded to the Address by the Chief Justice.

Address by the Honorable Jean Hoefer Toal,
Chief Justice of the South Carolina Supreme Court

Directly following the portion of the Joint Assembly which called for the "Creating Solutions for Disabilities Day", the PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H. 4705, a Concurrent Resolution adopted by both Houses:

H. 4705 (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 JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 6, 2002.

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party were escorted to the rostrum by Senators LAND, McCONNELL, THOMAS, PATTERSON and WALDREP and Reps. Jennings, J. E. Smith, Harrison, Lucas and Rutherford.

The PRESIDENT introduced the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court.

Chief Justice Toal addressed the Joint Assembly, as follows:


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State of the Judiciary 2002

There is a tide in the
affairs of men,
Which taken at the flood
leads on to fortune.
Omitted, all the voyage of their life
is bound in the shallows
and in miseries.
And we must take the current
when it serves
or lose our ventures.
Shakespeare

As American icons collapsed under the evil acts of our enemies, we were more frightened, more angry, and more confused than at anytime since December 7, 1941.
Through it all, Americans rediscovered what has always been right and good about our way of life: we rolled up our sleeves; we dusted off our sense of charity and saluted firefighters and police officers as heroes and heroines.
Through the ash and smoke and devastation, we saw the clearest evidence of the instability of steel and concrete and the permanence of our beliefs - beliefs which led our nation's founders to adopt the rule of law as the foundation of our national life.
These beliefs...more than two and a quarter centuries in the making...are a central fiber of our public discussion and military action since September 11th.
Time and again, the President and other world leaders have proclaimed, "We will bring them to justice."
Is there a bolder statement of confidence in America's courts than to suggest that we will expose, to the American justice system, most of those suspected of committing terrorist acts?
Why can an American president promise the world that we are prepared to determine the fate of a suspected terrorist in the same forum, by the same rules as we determine the fate of a suspected thief?
We know that in a democracy, the justice system draws its strength from constant principles and consistent practice; everyone is subject to and protected by the same rules. In America, a person accused of committing a terrorist act and a person arrested for exceeding a speed limit have the same expectation - due process of law, an impartial fact-


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finder, independent judgment and a penalty that is appropriate to a finding of guilt.
We speak of justice in times of trouble because it is in justice that we find comfort, even solace. Predictability and consistency are basic elements of the rule of law.
Citizens of New York, their judges and court administrators have provided a living monument to our system of justice. One New York court was within the damage zone of the collapsed World Trade Center. Court operations were moved and reopened in a matter of days. With no phone service in lower Manhattan, court administrators put in place an internet-based phone system.
Like all New Yorkers, Chief Judge Judith Kaye has been deeply touched by the attacks. As she recalls the events of that day and those that followed, she talks movingly about the dedication of those who were scheduled to serve jury duty.
With lower Manhattan in shambles, it was impossible to reach the courts by phone or public transportation. Still, jurors appeared by the hundreds. They were eager to serve. Many even declined offers to be excused.
The endurance of New York's court system at a time of ultimate crisis is a powerful testimony to the stability of ordered liberty and to America's confidence in our system of law.
It is in that spirit that I have come to report to you on the State of our Judiciary and to offer some observations as your Chief Justice on some of the court issues you will face.

Judicial Selection and Judicial Independence

One of the most awesome of the General Assembly's institutional responsibilities is your duty to select judges. Twenty one of the 50 states select judges by popular election, 26 of the 50 states select judges by appointment of the Governor. Three states use some form of legislative election. South Carolina, has since Colonial times, followed this ruggedly independent course of election of judges by its General Assembly.
Our legislative selection system is rooted in a healthy distrust of putting too much authority in the executive and in a strong desire to assure judicial independence by protecting the selection process from the temporary passions of popular election. Judicial independence is the cornerstone of any system of judgment or dispute resolution. Independence is the hand maiden of fairness and consistency, the hallmarks of a successful judicial system. The perceived absence of


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judicial independence was from early colonial times one of the catalysts for the creation of our system of legislative election.
South Carolina's constitutional design has proved a wise one - even more so in this age of instant sound bite politics and incredibly costly election campaigns.
Over the last 30 years, beginning with South Carolina's adoption of a modern judicial article in 1972, this General Assembly has led the effort to introduce a high level of scrutiny of potential judges and to level the playing field so that the election process is open to all candidates. Our State has an objective screening process which involves review by the legislature, the public and the legal profession. The result is that we have a judiciary which is slowly beginning to reflect the diversity of South Carolina's citizenry. Have we achieved the goal of a truly diverse judiciary? No, we have not, and there continues to be some very thoughtful debate within your ranks about what can be done to improve diversity in our judiciary.
Let me make some observations as to where we need to concentrate. South Carolina's latest census reveals that almost 30% of our citizens are African-American and almost 52% of our citizens are women. At the present time, the profile of our currently sitting statewide judiciary of 112 judges is that 16% are women and 7% are African-American.
Let's look for a moment at the pool from which these judges are selected. At the present, there are approximately 10,500 lawyers licensed to practice in South Carolina. Of this number, approximately 6% are black and 27% are women. We have one law school in South Carolina, and it produces the vast majority of practicing lawyers and judges in our State. At the moment, approximately 9% of the University of South Carolina Law School student body is black and approximately 45% are women.
Improving diversity on the bench of South Carolina begins with a strong effort to attract a broader base of high school and college students to consider a career in the law. South Carolina devotes less public resources to legal education for our people than all but a handful of states. Plans are underway to construct a new law school and the search for a new dean is well underway. As an old baseball fan, I say, "if you build it, they will come." Increasing the law school's resources is a key component.
Supporting the placement of a broader diversity of young lawyers on state boards and commissions might give them an opportunity to demonstrate their talents on a broader stage.

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Public confidence in our judiciary is enhanced when the faces and backgrounds of our judges reflect those of all South Carolinians. As you can see from the statistics, you are beginning to reflect fairly closely, the diversity of the available pool. If we continue to improve the size of the pool, diversity on the bench will surely follow.
There is a great deal of debate nationally about what effect the process of selecting judges has on the independence of the judges selected. Our South Carolina system of legislative election and rigorous public screening is one which ensures that our judges are accountable to the public but not subservient to the momentary public will. Judges must decide their cases without fear or favor. But just as importantly, you have the right and the duty to ask judicial candidates the tough questions. You have been wise stewards of your authority to select capable judges and the result is a balanced selection system which produces a nationally recognized judiciary, men and women of great integrity and ability. I am proud to serve with every man and woman who wears the robe in South Carolina.

Interbranch Cooperation

Apart from judicial elections, over the years, the primary method of communicating between our branches has been legislative hearings over a specific bill. Judges have been able to provide their expertise to your debate on a variety of issues. The much needed legislation to reform the Guardian ad Litem system in South Carolina, which is close to passage, is an excellent example. I have discussed with Speaker Wilkins and PRESIDENT Pro Tempore McCONNELL the creation of a Legislative-Judicial Interbranch Forum as an opportunity for representatives of the judicial and legislative branches to exchange information and perspectives as we work together to promote public safety and the preservation of due process. These Interbranch Forums exist in several of our sister states as a collaborative project of the Chief Justice, the PRESIDENT Pro Tempore of the Senate and the Speaker of the House. The forum would come together during the legislature's off season. We hope to announce in the near future the formation of this forum with appointments by each of us, of members of our branch.

Management of our Court System

Last year, I identified the continued backlog of cases in criminal court - the general sessions of circuit court - as our top management problem. In the past, we have attempted to attack the backlog by increasing the number of circuit court judges. We have not added any trial judges in six years, but our backlogs in all courts continue to soar. I believe we can attack this problem on two fronts: first, by developing


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new ways of managing the way we try cases and second, by using modern technology to manage more efficiently.

General Sessions Docketing Pilot for the 5th Circuit

I support continued control by the solicitors of the management of criminal trial dockets in our State. Under the leadership of Justice Costa Pleicones and retired Solicitor Dudley Saleeby, a task force of solicitors, public defenders, private lawyers and clerks of court developed the plan for a pilot model to manage the general sessions docket.
Fifth Circuit Solicitor Barney Giese graciously agreed to pilot a differential case management system in Richland County. This system aims to use fair but set time schedules to streamline the progress of criminal cases without spending additional dollars.
Among those who have contributed to the implementation of this program are: Judge Henry Floyd; Solicitor Barney Giese and his staff, especially Elizabeth Levy; Public Defender Lee Coggiola and her staff; private defense bar including I. S. Leevy Johnson and Joe McCulloch; law enforcement agencies, including Sheriff Leon Lott; Chief/Assistant City Manager Charles Austin; Chief Magistrate William Womble; City Judge Lester Bates and Clerk of Court Barbara Scott and her staff.
While the program is only in the beginning stages, early signs of cooperation are encouraging. This is the sort of innovative problem-solving mechanism that I sought to implement without the expenditure of additional funds but rather through bringing together all the players in the system to effect a positive change. What this really boils down to is fostering cooperation and getting everyone to agree to follow a fairly strictly delineated set of rules.
A positive outgrowth of the formation of the committee is that it has encouraged others including Trey Gowdy, the Solicitor in the Seventh Circuit, Ralph Hoisington in the Ninth Circuit, Greg Hembree in the Fifteenth, Bob Ariail in the Thirteenth, Barbara Morgan in the Second, and others to institute similar programs. Of course, Solicitor Tommy Pope of the Sixteenth and Donnie Myers of the Eleventh have been using their own models for several years. They provide great leadership in this venture. In short, the cooperation among the solicitors throughout the State, in the effort to reduce case backlog, has been very significant.

Court Automation

Last year, I identified as our principal management goal the delivery of fair, compassionate, effective and timely justice through the use of


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technology. In an arena of severe budget cut backs, greater efficiency in the use of existing personnel is the key to reducing our case backlog.
Although we have sustained severe cuts to our recurring budget resulting in restricted rotation and reduction in many services, we have kept our courthouse doors open in South Carolina.
Our real success story has been to utilize existing nonrecurring department funds and grant monies obtained in partnership with the criminal justice community to continue our effort to create a statewide case management system. We have involved clerks of courts, technology directors, and many other local officials in the design and award of a contract for a case management system which will be piloted in Greenville, Pickens and Richland Counties. By the end of 2002, we expect to have automated the management of cases in magistrate, and circuit court, civil and criminal in 28% of the State.
The decisions of police officers, judges and juries generate a lot of paper memorializing their decisions and declaring what should happen next with a case. These papers have power: the suspension of a license, commitment to jail, release from prison, issuance of a protective order.
In our personal lives, we know what the information age is like, because we experience it in everyday life. We take that card with the magnetic stripe and put it in the gas pump. The machine knows whether it is okay to give us gas. It charges our account even before we leave the pump. Unfortunately, our court world doesn't work like the credit card industry.
If a judge in Sumter issues a protective order for a battered spouse and the police in Conway find him waiting for her outside a restaurant, they may have no way of knowing that something harmful may be about to happen. If they have access to a computer, the order probably doesn't show up on their database.
All this occurs because there has never been any central coordination of the way local court data is collected, displayed and conveyed, despite the thousands of dollars spent at the local level. We are unable to transmit information effectively and efficiently to the people who need it - here in state government, or in local government, or law enforcement, or even inside the court system itself. This cold reality, and its consequences for citizens and for their government, has led us to devise a strategy to correct these problems.
As I said, these papers have power - but could have even more if they could be accessed by everyone who needs to know what these papers direct to be done.

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There are some real heroes who have encouraged our beginning efforts. Federal sources include significant Commerce - Justice - State appropriations secured under the leadership of Senator Ernest Hollings, and Byrne Grants, National Criminal History Improvement Program Grants and Court Improvement Program Funds secured through the assistance of Sled Chief Robert Stewart, and Director Boykin Rose and Burke Fitzpatrick of Department of Public Safety.
We have used these funds to help create websites for each of the 46 clerks of court and to provide basic hardware and connectivity to our clerks. These websites will in the future be the point of access by law enforcement, judges, attorneys, litigants and members of the public for court records, decisions and information.
Our Supreme Court website is the point of access for everything from Bar Exam results, to trial judges schedules, to court opinions, to court rules and manual, and shortly, forms provided by Court Administration will be capable of being filled out and downloaded from the site.
The internet based justice information and case management system we are developing will be a national model, particularly for connecting information from rural jurisdictions.
Post September 11th, there is much national focus on access to state court records, state criminal information and other state records. These are the crucial databases which can be used in our national antiterrorism and bioterrorism efforts.
Major encouragement for our management initiatives has also been given by Speaker Wilkins and Ways and Means Chairman Harrell. Times are very difficult financially for our beloved State, but the Speaker and Chairman Harrell have treated the Judicial Department as a coequal branch of government. The same is true for the PRESIDENT Pro Tempore of the Senate and Chairman Hugh Leatherman of the Senate Finance Committee.
When the history of court modernization and the continued vitality of an independent and responsible judiciary in South Carolina is written, the names of our Judiciary Chairmen Glenn McConnell and Jim Harrison will be written large as guardians of our independence and our accountability.

Indigent Defense

In South Carolina, as in the nation, your state court system handles better than 95% of all criminal cases. The vast majority of criminal defendants whose cases are processed through our state system are represented by public defenders or other attorneys compensated


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through the Office of Indigent Defense or attorneys who are uncompensated at all.
Almost all of the defendants in death penalty cases in South Carolina are represented by public defenders or by attorneys paid by the Office of Indigent Defense.
The Office of Indigent Defense Fund currently expends $9.5 million a year. Of this fund last year, almost $3 million was spent on less than 20 death penalty cases. The South Carolina Death Penalty Statute requires that the Judicial Department issue a biennial report as to the average attorney fees and expert testimony expended for these cases. I am in the process of assembling from the Office of Indigent Defense and court records detailed information regarding the expense history of these cases. I hope to complete the study this summer. You may wish to defer any fee increases to this fund until you receive my report.

Court Fees

As resource allocation becomes tighter, South Carolina should examine its court fines and fee structure to determine whether the users of the system are contributing their fair share to its operation. Both the House Ways and Means Committee and the Senate Finance Committee have under consideration various proposals. I support the efforts by our clerks of court to revise the filing fees. I urge that, before any revision is adopted, you take a comprehensive look at the entire fees and fines structure. I am committed to working with local government and with you to develop a modern court fees and fines structure.

The Future

The central theme of my approach to the management of your court system is partnership. In many states, the court system is administered by a large, centralized bureaucracy. In South Carolina, management of our system is centered in the 46 clerks of court. The Constitution requires that the Chief Justice provide the administrative leadership.
In this time of scarce resources, the clerks and I are using our combined talents and resources to keep our system going. Partnerships with law enforcement and with our solicitors are an additional way of squeezing the maximum from scarce financial resources. All these partnerships begin with you.
While current economic turbulence may make our present course somewhat uncertain, the future is as bright and solid and undaunted as is the bedrock optimism of our people. Shakespeare's injunction that the tide in the affairs of men must be taken at the flood is exactly the right course for your court system. We will be bold. We will do more


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with less, and for the safety and security of our nation we will endure and prevail.
As judges, we must remember that we are in the final analysis problem solvers. All else must give way to the search for truth which is the core of the law.
The motto of my court is Nil Ultra, but we abide in the certainty that there is a higher authority. "What doth thy God require of thee? Do justly, love mercy and walk humbly with your God."

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

ADJOURNMENT

At 12:30 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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