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

Printed Page 1449 . . . . . Thursday, April 19, 2001

Thursday, April 19, 2001
(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, hear a few words from Proverbs 24:3-4:

"Any enterprise is built by wise planning, becomes strong through common sense, and profits wonderfully by keeping abreast of the facts." (Paraphrased)
Let us pray.

Our Father, sometimes we find that the democratic process gets tiring and tedious.

We know that we all can have our say, but we all can't have our way.

Help us to remember even the words of Albert Einstein when he said:

"Ethical axioms are found and tested not differently from the axioms of science. Truth is what stands the test of experience."
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:

Statewide Appointments

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1998, and to expire June 30, 2001

At-Large

Virginia Self Brennan, 1 South Cedar Drive, Greenwood, S.C. 29649 VICE Eligio Maoli - resigned

Referred to the Committee on Education

Reappointment, South Carolina Arts Commission, with term to commence June 30, 2001, and to expire June 30, 2004

Printed Page 1450 . . . . . Thursday, April 19, 2001

At-Large

Virginia Self Brennan, 1 South Cedar Drive, Greenwood, S.C. 29649

Referred to the Committee on Education

Reappointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 2001, and to expire March 15, 2007

1st Congressional District

Orton Bellamy, 1208 13th Avenue, Conway, S.C. 29526

Referred to the Committee on Corrections and Penology

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002

2nd Congressional District

Clifford Bush III, Esquire, P. O. Box 986, St. Helena Island, S.C. 29920 VICE Florence L. Rosse

Referred to the Committee on Judiciary

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1997, and to expire March 15, 2004

1st Congressional District

Bernard H. Baum, 4396 Baldwin Avenue, Unit 42, Little River, S.C. 29566 VICE Alease G. Samuels

Referred to the Committee on Medical Affairs

REGULATION RECEIVED

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

Document No. 2566
Agency: Board of Education
SUBJECT: Graduation Requirements
Received by Lieutenant Governor April 19, 2001

Printed Page 1451 . . . . . Thursday, April 19, 2001
Referred to Education Committee
Legislative Review Expiration August 7, 2001
(Subject to Sine Die Revision)

Doctor of the Day

Senator GIESE introduced Dr. David Ford of Columbia, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 598 (Word version) -- Senators Wilson, Ryberg, Setzler and Bauer: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MR. GEORGE LEROY, DIRECTOR OF THE LEXINGTON COUNTY VETERANS AFFAIRS OFFICE, ON THE OCCASION OF HIS RETIREMENT.
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The Senate Resolution was adopted.

S. 599 (Word version) -- Senator Fair: A SENATE RESOLUTION TO HONOR CHARLOTTE JAMES, A GREENVILLE COUNTY PARAMEDIC WHO WAS INJURED IN A FIRE DURING AN EQUIPMENT INSPECTION ON AUGUST 27, 1998, AND COMMEND HER AS WELL AS ALL SOUTH CAROLINA EMERGENCY MEDICAL SERVICES WORKERS FOR THEIR BRAVERY IN AN EVER CHALLENGING PROFESSION.
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The Senate Resolution was adopted.

S. 600 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO CELEBRATE APRIL 22, 2001, AS EARTH DAY, TO RECOGNIZE THE IRREPLACEABLE VALUE OF OUR ENVIRONMENT AND OUR NATURAL RESOURCES, TO RECOGNIZE FORT JACKSON FOR ITS EFFORTS TO PRESERVE, PROTECT, AND ENHANCE THE ENVIRONMENT, AND TO SERVE AS A CALL TO ALL SOUTH CAROLINIANS TO BE RESPONSIBLE STEWARDS OF OUR ENVIRONMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

Printed Page 1452 . . . . . Thursday, April 19, 2001

S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF

Printed Page 1453 . . . . . Thursday, April 19, 2001
INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT
Printed Page 1454 . . . . . Thursday, April 19, 2001
MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT, IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 602 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.
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Read the first time and referred to the Committee on Judiciary.

S. 603 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CEASE USING ITS "CLICK IT OR TICKET" CAMPAIGN AS A LAW ENFORCEMENT TOOL WHOSE PRIMARY PURPOSE IS TO DETECT AND ISSUE TICKETS TO SEAT BELT VIOLATORS ON A PRIMARY AS OPPOSED TO A SECONDARY BASIS.
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Printed Page 1455 . . . . . Thursday, April 19, 2001

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

S. 604 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 8-13-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE WITHIN THEM THE POWER TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH THE DISCLOSURE REQUIREMENTS AND NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS TO SATISFY THE REQUIREMENTS OF CHAPTER 13 OF TITLE 8 AND TO RECEIVE COMPLAINTS FILED BY INDIVIDUALS AND TO FILE COMPLAINTS WHEN ALLEGED VIOLATIONS ARE IDENTIFIED.
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Read the first time and referred to the Committee on Judiciary.

H. 3479 (Word version) -- Reps. W.D. Smith, Sandifer, Edge, J.E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F.N. Smith, J.R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young, Knotts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.

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

H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE

Printed Page 1456 . . . . . Thursday, April 19, 2001
MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.

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

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

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

H. 3881 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE A STUDY TO BE CONDUCTED BY SPARTANBURG COUNTY OF THE IMPACT OF PLACING A TRASH COMPACTOR FACILITY ON PARRIS BRIDGE ROAD NEAR I-85 AND TO SUSPEND CONSTRUCTION OF THE FACILITY UNTIL A REPORT OF THE STUDY HAS BEEN SUBMITTED TO THE SPARTANBURG LEGISLATIVE DELEGATION.

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

H. 3952 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO COMMEND PRINCIPAL SUE RICKMAN OF SIX MILE ELEMENTARY SCHOOL FOR HER EFFORTS TO ENCOURAGE HER STUDENTS TO PARTICIPATE IN THE JUMP ROPE FOR HEART PROGRAM AND TO PROCLAIM HER THE JELL-O QUEEN OF PICKENS COUNTY.

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

Printed Page 1457 . . . . . Thursday, April 19, 2001

H. 3955 (Word version) -- Reps. Davenport, W.D. Smith, Talley, Allison, Lee, Littlejohn and Sinclair: A CONCURRENT RESOLUTION TO COMMEND MR. RON SMITH OF SPARTANBURG FOR HIS SUCCESS AS AN OWNER AND OPERATOR OF HIS OWN BUSINESS AND TO CONGRATULATE HIM ON BEING THE RECIPIENT OF THE YEAR 2001 SMALL BUSINESS ADMINISTRATION SOUTH CAROLINA ENTREPRENEURIAL EXCELLENCE AWARD, PRESENTED BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION.

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

H. 3956 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE IF NECESSARY UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE IF NECESSARY UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE IF NECESSARY UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS; TO PROVIDE FOR THE CONSIDERATION OF LOCAL LEGISLATION WHICH HAS THE UNANIMOUS CONSENT OF

Printed Page 1458 . . . . . Thursday, April 19, 2001
THE AFFECTED DELEGATION AND FOR THE RATIFICATION OF ACTS DURING CERTAIN PERIODS BEFORE SINE DIE ADJOURNMENT WHEN THE GENERAL ASSEMBLY IS NOT IN STATEWIDE SESSION; TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS; AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

H. 3961 (Word version) -- Reps. Sinclair, Allison, Davenport, Talley, Lee, Littlejohn, W.D. Smith, Vaughn, Walker, Wilder, Allen, 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, 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, Knotts, Koon, Law, Leach, Limehouse, 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, D. C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Taylor, Thompson, Townsend, Tripp, Trotter, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF BENJAMIN REID "BEN" HARRISON OF THE WALNUT GROVE COMMUNITY IN ROEBUCK, SOUTH CAROLINA AND TO EXTEND THEIR HEARTFELT SYMPATHY TO HIS FAMILY AND MANY, MANY FRIENDS.

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

Printed Page 1459 . . . . . Thursday, April 19, 2001

H. 3962 (Word version) -- Reps. Battle and Wilkins: A CONCURRENT RESOLUTION CONGRATULATING MR. MARION G. SWINK OF FLORENCE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.

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

REPORTS OF STANDING COMMITTEES

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3087 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3642 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye,

Printed Page 1460 . . . . . Thursday, April 19, 2001
Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 17, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
asks for a Committee of Conference, and has appointed Reps. Edge, Barrett and Phillips to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3288--CONFERENCE COMMITTEE APPOINTED

H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH

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CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.

Whereupon, Senators REESE, GREGORY and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.

THIRD READING BILL

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

S. 585 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE

Printed Page 1462 . . . . . Thursday, April 19, 2001
INFORMATION SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 67 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator GROOMS proposed the following amendment (PT\1425DW01), which was adopted:

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

/ SECTION   1.   Section 7-7-120 of the 1976 Code is amended to read:

"(A)   In Berkeley County there are the following voting precincts:

(1)   Alvin;

(2)   Bethera;

(3)   Bonneau;

(4)   Bonneau Beach;

(4)(5)   Boulder Bluff-Goose Creek No. 1;

(6)   Boulder Bluff No. 2;

(5)(7)   Cainhoy;

(6)   Carnes Cross Road;

(8)   Carnes Cross Road #1;

(9)   Carnes Cross Road #2;

(7)(10)   Cordesville;

(8)(11)   Cross;

(12)   Daniel Island;

(9)(13)   Devon Forest;

(10)(14)   Eadytown;

(11)(15)   Goose Creek High School No. 1;

(16)   Goose Creek No. 2;

Printed Page 1463 . . . . . Thursday, April 19, 2001

(17)   Goose Creek No. 3;

(12)(18)   Hanahan No. 1;

(19)   Hanahan No. 2;

(20)   Hanahan No. 3;

(21)   Hanahan No. 4;

(13)(22)   Hilton Cross Roads;

(14)(23)   Howe Hall;

(15)(24)   Huger;

(16)(25)   Jamestown;

(17)(26)   Lebanon;

(18)(27)   Macedonia;

(19)(28)   McBeth;

(20)(29)   Moncks Corner No. 1;

(30)   Moncks Corner No. 2;

(31)   Moncks Corner No. 3;

(32)   Moncks Corner No. 4;

(21)(33)   Pimlico;

(22)(34)   Pinopolis;

(23)(35)   Russellville;

(24)(36)   Sangaree No. 1;

(37)   Sangaree No. 2;

(38)   Sangaree No. 3;

(25)(39)   Shulerville;

(26)(40)   St. Stephen;

(27)(41)   Stratford No. 1;

(42)   Stratford No. 2;

(43)   Stratford No. 3;

(44)   Stratford No. 4;

(28)(45)   Wassamassaw #1;

(46)   Wassamassaw #2;

(29)(47)   Westview Goose Creek No. 3 No. 1;

(48)   Westview No. 2;

(49)   Westview No. 3;

(30)(50)   Whitesville-Berkeley;

(31)(51)   Absentee.

(B)   The precinct lines defining the precincts provided in subsection (A) are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-1595A P-15-01 and as shown on certified copies of the official map provided by the division to the

Printed Page 1464 . . . . . Thursday, April 19, 2001
State Election Commission and the Board of Elections and Voter Registration of Berkeley County Board of Voter Registration.

(C)   The polling places for the precincts provided in this section must be established by the Board of Elections and Voter Registration of Berkeley County Election Commission subject to the approval of a majority of the Senators and a majority of the House members of the Berkeley County Delegation."

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

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE, BY ADDING AND AMENDING NUMEROUS PROVISIONS IN THIS CHAPTER RELATING TO, AMONG OTHER MATTERS, THE FILLING OF A VACANCY IN THE OFFICE OF ADJUTANT GENERAL, ELIGIBILITY REQUIREMENTS FOR COMMISSIONED AND WARRANT OFFICERS, AND THE FILLING OF A VACANCY IN THE GRADE OF MAJOR GENERAL; PROVISIONS RELATING TO THE SENIOR JUDGE ADVOCATE GENERAL OF THE NATIONAL GUARD AND MATTERS RELATING TO A COURTS-MARTIAL; PROVISIONS RELATING TO INSUBORDINATE CONDUCT; PROVISIONS RELATING TO NATIONAL GUARD PENSION FUND; AND TO REPEAL CERTAIN SECTIONS OF CHAPTER 1, TITLE 25. (ABBREVIATED TITLE)

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

The General Committee proposed the following amendment (SWB\5336DJC01), which was adopted:

Printed Page 1465 . . . . . Thursday, April 19, 2001

Amend the bill, as and if amended, by striking SECTION 10 in its entirety and inserting:

/ SECTION   10.   Section 25-1-560 of the 1976 Code is amended to read:

"Section 25-1-560.   The Adjutant General shall publish annually maintain records reflecting a relative rank list of all officers in the National Guard and shall publish those lists from time to time with the units but at least annually. Separate relative rank lists shall be maintained for Army National Guard and Air National Guard officers professional officers by branch; all other Army National Guard officers; all Air National Guard officers; and all retired National Guard officers. The Adjutant General shall assign to each commissioned officer on the active list of the National Guard of South Carolina a number assigning to the senior officer of each grade on each list the number "one (1)" and continuing lineally thereafter in each grade on each list in order of seniority as of the effective date of the current Federal recognition in the grade held by the officer. When the effective date of federal recognition in any given grade is the same for two or more officers, seniority shall be governed by the date of Federal recognition in the preceding grade or grades, successively and in inverse order federal military law. When two or more officers are given an original federal recognition in any grade in the National Guard of South Carolina with the same effective date, the relative rank of such officers shall be determined according to age, the older being the senior federal military law." /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

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

Printed Page 1466 . . . . . Thursday, April 19, 2001

S. 579 (Word version) -- Senator Elliott: A BILL TO PROVIDE FOR PAYMENT OF AN ADDITIONAL ANNUAL PER DIEM FOR THE CHAIRMAN OF THE DILLON COUNTY TRANSPORTATION COMMITTEE.

S. 579--Ordered to a Third Reading

On motion of Senator ELLIOTT, S. 579 was ordered to receive a third reading on Friday, April 20, 2001.

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

Senator HAWKINS explained the Bill.

S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 593--Ordered to a Third Reading

On motion of Senator ALEXANDER, S. 593 was ordered to receive a third reading on Friday, April 20, 2001.

H. 3917 (Word version) -- Reps. Harrell, Keegan and Limehouse: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.

Printed Page 1467 . . . . . Thursday, April 19, 2001

H. 3917--Ordered to a Third Reading

On motion of Senator MOORE, H. 3917 was ordered to receive a third reading on Friday, April 20, 2001.

RECALLED

H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, 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, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.

Senator O'DELL 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 ordered returned to the Calendar.

AMENDED, READ THE SECOND TIME

S. 556 (Word version) -- Senators O'Dell, Glover, Bauer, Ford, Short, Peeler, Holland, McGill, Waldrep, Passailaigue, Elliott, Moore, Setzler, Reese, Land, Patterson, Rankin, Pinckney, Hutto, Drummond, Alexander, Ritchie, Martin, Branton, Mescher, Thomas, Ravenel, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.

Printed Page 1468 . . . . . Thursday, April 19, 2001

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

Senators O'DELL and McCONNELL proposed the following amendment (JUD0556.005), which was adopted:

Amend the bill, as and if amended, page 2, line 12, in Section 1-1-706, as contained in SECTION 1, by striking Section 1-1-706 in its entirety and inserting therein the following:

/   "Section 1-1-706.   (A)   Camden Military Academy is designated as the official military academy of the State. The designation of Camden Military Academy as the official military academy of the State is an honorary designation and does not bind the State in any way.

(B)   The official designation does not create a new state agency or educational institution or qualify Camden Military Academy for state funds.

(C)   The official designation does not confer any liability of the State.

(D)   The official designation does not sanction by the State any activity, philosophy, or course of action conducted, published, or undertaken by the academy."   /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 556--Ordered to a Third Reading

On motion of Senator O'DELL, S. 556 was ordered to receive a third reading on Friday, April 20, 2001.

ADOPTED

S. 562 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 14, 2001, AND FRIDAY, JUNE 15, 2001.

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

Printed Page 1469 . . . . . Thursday, April 19, 2001

ADOPTED

S. 582 (Word version) -- Senators Alexander, Courson and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 1, AND FRIDAY, NOVEMBER 2, 2001, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 31, 2001, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

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

AMENDMENT PROPOSED, CARRIED OVER

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

Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator HUTTO proposed the following amendment (JUD0321.007):

Amend the bill, as and if amended,   page 2, beginning on line 23, in Section 61-4-735(C), as contained in SECTION 2, by striking lines 23 through 26 and inserting therein the following:

/   to wine products, building wine displays, setting boxes, conduct wine tasting in accordance with department regulations conducting, in accordance with department regulations, not more than thirty-six wine tastings in a calendar year, developing shelf schematics,     /.

Amend the bill further, as and if amended, page 3, beginning on line 38, in Section 61-4-737, as contained in SECTION 3, by striking lines 38 through 41 and inserting therein the following:

Printed Page 1470 . . . . . Thursday, April 19, 2001

/   "Section 61-4-737.   (A)   The holder of a retail wine permit for off-premises consumption may conduct, in accordance with department regulations, not more than thirty-six wine tastings at the retail location in a calendar year.

(B)   The limitation provided for in subsection (A) applies only to permits for off-premises consumption." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over along with the proposed amendment.

There was no objection.

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

MOTION FAILED

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton and Grooms: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30,

Printed Page 1471 . . . . . Thursday, April 19, 2001
RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

Senator MARTIN made a motion to make the Bill a Special Order.

The PRESIDENT asked for objections.

Senator GLOVER objected.

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

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

Ayes 24; Nays 20

AYES

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

Total--24

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Jackson                   Land                      Leventis
Matthews                  McGill                    Moore
O'Dell                    Passailaigue              Patterson
Printed Page 1472 . . . . . Thursday, April 19, 2001
Pinckney*                 Rankin                    Reese
Saleeby                   Short*

Total--20

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion to make S. 96 a Special Order failed.

S. 96--Co-Sponsors Added

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 96.

On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of S. 96

Statement by Senators MOORE and RANKIN

Although we support the enhanced criminal penalties provided in S.96, the Exile Act of 2001, we voted against placing this legislation in priority status on the Senate calendar. The Finance Committee is meeting next week to finalize its recommendation to the Senate and is dealing with a 500 million dollar revenue shortfall for next fiscal year. These future costs come in the face of a shortfall in the current fiscal year that has caused the Department of Corrections to develop a plan for furloughing employees. Current projections contained in this Bill indicate that this legislation alone may add several hundred inmates to the prison population within the next few years at a cost in excess of 3 million dollars. Within ten years more than two thousand new inmates are projected with a cost exceeding 15 million dollars with no inflation built into the per inmate cost. These projections do not address whether or how many new prisons may be necessary to accommodate these inmates. Therefore, even though we support this legislation, it is not prudent at this time to set the Bill for Special Order until there is a clearer picture of state finances in general and, in particular, those of the Department of Corrections. There should be ample time during this legislative session to consider this legislation after the Senate has finished its work on the budget.

Printed Page 1473 . . . . . Thursday, April 19, 2001

MOTION FAILED

S. 329 (Word version) -- Senators Leatherman, Alexander, Branton, Courson, Elliott, Ford, Gregory, Grooms, Hawkins, Hayes, Holland, Jackson, Land, Leventis, Matthews, McGill, Mescher, O'Dell, Patterson, Pinckney, Ravenel, Reese, Short, Verdin and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37, RELATING TO CONSUMER PROTECTION, SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

Senator LEVENTIS made a motion to make the Bill a Special Order.

The PRESIDENT asked for objections.

Senator MARTIN objected.

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

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

Ayes 14; Nays 24

AYES

Anderson                  Drummond                  Glover
Hutto                     Jackson                   Land
Leventis                  Moore                     Passailaigue
Patterson                 Pinckney                  Reese
Saleeby                   Setzler

Total--14

NAYS

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

Total--24

Printed Page 1474 . . . . . Thursday, April 19, 2001

Having failed to receive the necessary vote, the motion to make S. 96 a Special Order failed.

Status Report from the Chairman of the
Committee on Finance

Senator LEATHERMAN, Chairman of the Committee on Finance, was recognized to give a status report to the body regarding the work of the Committee on the General Appropriation Bill.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, Florence County Magistrate, with term to commence June 25, 2001, and to expire April 30, 2002

Sandra M. Grimsley, 402 Charlest Street, Lake City, S.C. 29560 VICE Robert L. McElveen

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary Hamby of Easley, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 20, 2001, it stand adjourned to meet next Tuesday, April 24, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:45 A.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

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