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

Tuesday, January 16, 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, as we commemorate the life and work of Martin Luther King, Jr., hear words recorded in the Book of Exodus, Chapter 12 (v. 15):

"And the Lord said unto Moses... speak unto the children of Israel, that they go forward...."
Let us pray.

Father, we are still bedeviled by the things that separate us, of which the problems of human relations, perhaps, head the list!

St. John, long ago, said, "Little children, love one another." St. Paul said, "Lo, I show you a more excellent way!" Martin Luther King, Jr. set before us "A Dream" for all of us sitting down to the "table of brotherhood."

So, again we pray: Renew within us a dream of a land filled with opportunity for all to achieve their potential... all races and creeds... the rich and the poor... the high and the low, to live together, and work together, with respect for each other, helping each bear each one's load of trouble.

Today, dear Lord, give us a dream and a will, remembering the old kindergarten hymn:

"Brown or yellow, black or white,

All are precious in his sight."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Local Appointments

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002

James Michael Frazier, 731 Bucksport Road, Conway, S.C. 29527

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002

Johnny Ray Steele, 1027 Hilldale Drive, Lancaster, S.C. 29720 VICE Margaret M. Rock

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2002

Charles A. Stuart, Jr., 7878 Old Reaves Ferry Road, Conway, S.C. 29526

Leave of Absence

On motion of Senator McGILL, at 12:05 P.M., Senator O'DELL was granted a leave of absence for today.

Doctor of the Day

Senator LEVENTIS introduced Dr. Murrell Smith of Sumter, S.C., Doctor of the Day.

RECALLED

S. 67 (Word version) -- Senator Mescher: 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.

Senator MESCHER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled and placed on the second reading Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 142 (Word version) -- Senators Courson and Wilson: A SENATE RESOLUTION CONGRATULATING THE DUTCH FORK HIGH SCHOOL SILVER FOX CHEERLEADING SQUAD ON BECOMING THE FIRST AND ONLY TEAM IN DUTCH FORK HIGH SCHOOL'S HISTORY TO REPEAT AS STATE CHAMPIONS.
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The Senate Resolution was adopted.

S. 143 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
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Read the first time and referred to the Committee on Finance.

S. 144 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS, TO FURTHER DEFINE AND CLARIFY THE PRACTICE OF FORESTRY AND TO REVISE PROCEDURES FOR USE OF AN ESCROW ACCOUNT.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 145 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER TWENTY-ONE YEARS OF AGE OR OLDER IN A MOVING LIMOUSINE OR CHARTERED BUS WHO IS NOT IN THE DRIVING COMPARTMENT OR PORTION OF THE VEHICLE WHICH IS ACCESSIBLE TO THE DRIVER WHILE OPERATING THE VEHICLE.
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Read the first time and referred to the Committee on Judiciary.

S. 146 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-13-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS AND REPORTS OF THE LEGISLATIVE ETHICS COMMITTEES, SO AS TO DELETE THE REFERENCE TO DEFERRING TO THE HOUSE OR SENATE RULE AS APPROPRIATE, TO PROVIDE FOR THE RELEASE OF THE FILED COMPLAINT TO THE PUBLIC THIRTY DAYS AFTER IT IS FILED, AND TO PROVIDE THAT, EXCEPT FOR RELEASING THE COMPLAINT, THE COMMITTEE'S INVESTIGATION AND RECORDS FOR ITS PRELIMINARY INVESTIGATION ARE CONFIDENTIAL; AND TO AMEND SECTION 8-13-560, RELATING TO THE SUSPENSION OF A HOUSE OR SENATE MEMBER UNDER INDICTMENT FOR PARTICULAR CRIMES, SO AS TO DELETE THE REFERENCE TO DEFERRING TO THE HOUSE OR SENATE RULE, AS APPROPRIATE.
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Read the first time and referred to the Committee on Judiciary.

S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
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Read the first time and referred to the Committee on Medical Affairs.

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

S. 149 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF A PERSON CONVICTED OF A FELONY AND A PERSON INCARCERATED OR ON PAROLE OR PROBATION FOR A FELONY SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.
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Read the first time and referred to the Committee on Transportation.

S. 150 (Word version) -- Senators McGill and Ravenel: A BILL TO AMEND ACT 515 OF 1996, RELATING TO DEVOLUTION OF AUTHORITY FOR APPOINTMENTS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED APPOINTMENT POWER TO THE DELEGATION FOR THE GEORGETOWN COUNTY TRANSPORTATION COMMISSION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

Ordered to a Second and Third Reading

On motion of Senator McGILL, S.150 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 151 (Word version) -- Senator Wilson: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE THAT THE IRMO-CHAPIN RECREATION COMMISSION IS EMPOWERED TO COMMISSION AND TRAIN LAW ENFORCEMENT OFFICERS TO ENFORCE THE RULES AND REGULATIONS OF THE COMMISSION, THE LAWS OF THIS STATE, AND THE ORDINANCES OF THE COUNTY OR MUNICIPALITY WITHIN WHICH ITS FACILITIES ARE LOCATED, AND TO PROVIDE THAT ITS OFFICERS WHO HAVE BEEN COMMISSIONED, EMPLOYED, AND TRAINED ALSO MUST RECEIVE TRAINING FROM THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY IN ORDER TO HAVE AUTHORITY TO ACT AS LAW ENFORCEMENT OFFICERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 152 (Word version) -- Senators J. Verne Smith, 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, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE AND GENUINE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR GOOD FRIEND, MS. NAOMI EVELYN MEDLIN, OF CHARLESTON COUNTY ON THE OCCASION OF HER RETIREMENT FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND TO OFFER OUR SPECIAL THANKS FOR HER BOUNDLESS COMMITMENT AND DEDICATION IN RESPONDING TO THE MANY REQUESTS OF OTHERS THROUGHOUT HER DISTINGUISHED CAREER.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3255 (Word version) -- Reps. J. Young, G. Brown, Harvin, J.H. Neal, G.M. Smith, Weeks, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, 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, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION TO COMMEND GIFFORD SHAW FOR THE VALIANT DISPLAY OF HEROISM HE EXHIBITED BY SUBDUING A DERANGED PASSENGER AND SAVING THE LIVES OF THE THREE HUNDRED NINETY-EIGHT PEOPLE ABOARD HIS BRITISH AIRWAYS FLIGHT FROM LONDON TO NAIROBI.

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

H. 3264 (Word version) -- Reps. G.M. Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. 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 CLARKE BYNUM FOR THE VALIANT DISPLAY OF HEROISM HE EXHIBITED BY SUBDUING A DERANGED PASSENGER AND SAVING THE LIVES OF THE THREE HUNDRED NINETY-EIGHT PEOPLE ABOARD HIS BRITISH AIRWAYS FLIGHT FROM LONDON TO NAIROBI.

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

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

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

SECOND READING BILL

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

H. 3198 (Word version) -- Reps. Carnell and Klauber: A BILL TO AUTHORIZE SCHOOL DISTRICTS 50 AND 51 OF GREENWOOD COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

On motion of Senator DRUMMOND

H. 3198--Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 3198 was ordered to receive a third reading on Wednesday, January 17, 2001.

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

MOTION ADOPTED

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

Committee to Escort

The PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH, LAND, LEATHERMAN, McCONNELL and MATTHEWS to the Committee to Escort the Honorable James H. Hodges, Governor of the State of South Carolina, and members of his party to the Hall of the House of Representatives for the Joint Assembly.

LOCAL APPOINTMENTS
Confirmations

The following appointments were confirmed in open session:

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002

James Michael Frazier, 731 Bucksport Road, Conway, S.C. 29527

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002

Johnny Ray Steele, 1027 Hilldale Drive, Lancaster, S.C. 29720 VICE Margaret M. Rock

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2002

Charles A. Stuart, Jr., 7878 Old Reaves Ferry Road, Conway, S.C. 29526

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Julie Guyton, Alec Johnson, and Chad Glance of Conway, S.C., who were tragically killed in an automobile accident.

MOTION ADOPTED

Senator McCONNELL moved under the provisions of Rule 1B that, when the Senate adjourns today, it stand adjourned to meet Wednesday, January 17, 2001, at 2:00 P.M., subject to the limitations set forth in Rule 1B, and further, that the Senate will stand in recess until 6:45 P.M. for the purpose of attending the Joint Assembly, and upon conclusion of the State of the State, the Senate will stand adjourned to meet in Statewide Session on Thursday, January 18, 2001, at 11:00 A.M.

ADJOURNMENT

At 12:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M. under the provisions and limitations of Rule 1B.

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