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

Printed Page 1720 . . . . . Thursday, May 3, 2001

Thursday, May 3, 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, history may or may not repeat itself, but Truth is true in every age. Hear a prayer by Samuel Longfellow in 1864:
Let us pray:

"Holy Spirit, Truth Divine, dawn upon this soul of mine;

Word of God, and inward Light, wake my spirit, clear my sight."

Our Father, Your Providence covers us from generation to generation.

Please grant that the words of Longfellow's "Song of the Soul," sung during the dark days more than a century ago, may awaken us to the true values that will preserve our country and give us perspective on our life in these our times!
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, Northwest Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Special Purpose Districts

William Dean Moss, Jr., P.O. Box 2149, Beaufort, S.C. 29901

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence August 30, 2001, and to expire August 30, 2005

At-Large

Printed Page 1721 . . . . . Thursday, May 3, 2001

Waring Simons Howe, Jr., 57 Broad Street, Charleston, S.C. 29401 VICE Samuel E. White

Referred to the Committee on Banking and Insurance.

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1998, and to expire April 1, 2003

At-Large

Alton T. Loftis, Ph.D., P. O. Box 5952, Columbia, S.C. 29250 VICE Diane J. Brock

Referred to the Committee on Education.

Initial Appointment, South Carolina Crime Victims Advisory Board, with term to commence August 1, 1999, and to expire August 1, 2004

At-Large

Margaret H. Jennings Todd, 2830 Wheat Street, Columbia, S.C. 29205 VICE Thomas S. Harrison, Jr.

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004

6th Congressional District

Jacquetta Porter Jones, 5868 Octavia Ave., Ravenel, S.C. 29470

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2001, and to expire June 30, 2005

Public

Frederick M. G. Evans, 326 Old Brass Drive, Columbia, S.C. 29229

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2001, and to expire June 30, 2005

5th Congressional District

L. Michael Blackmon, 717 South Main Street, Lancaster, S.C. 29720 VICE William M. Hull, Jr., M.D.

Printed Page 1722 . . . . . Thursday, May 3, 2001

Referred to the Committee on Medical Affairs.

Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2001, and to expire June 30, 2007

5th Congressional District

Marvin A. Hyatt, Sr., 1775 Overbrook Drive, Rock Hill, S.C. 29732 VICE Ronnie W. Cromer

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina State Ports Authority, with term to commence February 13, 2001, and to expire March 12, 2008

At-Large

Edgar A. Buck, 16 Country Club Drive, Charleston, S.C. 29412

Referred to the Committee on Transportation.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2602
Agency: Department of Natural Resources
Subject: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor February 28, 2001
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration July 5, 2001
(Subject to Sine Die Revision)
Committee Requesting Withdrawal
Senate Fish, Game and Forestry
120 Day Period Tolled
Withdrawn April 27, 2001
Resubmitted May 1, 2001

Leave of Absence

On motion of Senator MOORE, at 11:05 A.M., Senator PASSAILAIGUE was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

Printed Page 1723 . . . . . Thursday, May 3, 2001

S. 665 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MESSRS. ARTHUR STRICKLAND AND JOE NICHOLSON OF FLORENCE, PRODUCERS OF THE TELEVISION PROGRAM "CAROLINAS MOST WANTED" AND WISHING THE PROGRAM CONTINUING SUCCESS IN THE CAUSE OF BRINGING CRIMINALS TO JUSTICE.
l:\council\bills\bbm\10306htc01.doc

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

H. 4057 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO COMMEND THE UNION HIGH SCHOOL "YELLOW JACKETS" FOOTBALL TEAM ON A TREMENDOUS SEASON OF SPIRITED COMPETITION AND CONGRATULATE THE "YELLOW JACKETS" ON WINNING THE 2000 SOUTH CAROLINA STATE CLASS AAA FOOTBALL CHAMPIONSHIP AND THEIR SECOND CONSECUTIVE STATE FOOTBALL CHAMPIONSHIP.

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

H. 4066 (Word version) -- Reps. Stuart, Harrison and Allison: A CONCURRENT RESOLUTION TO COMMEND DONALD C. CAPPS OF COLUMBIA, PRESIDENT EMERITUS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA, FOR THE INVALUABLE CONTRIBUTIONS HE HAS MADE OVER THE LAST FORTY-FIVE YEARS IN AIDING THE BLIND CITIZENS OF SOUTH CAROLINA AND THE NATION, AND TO CONGRATULATE HIM ON RECEIVING AN HONORARY DOCTOR OF LETTERS FROM USC SPARTANBURG.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from BLUE CROSS AND BLUE SHIELD OF SC to attend a softball game and picnic at the Capital City Bombers Stadium on Tuesday, May 15, 2001, from 6:00 until 9:30 P.M.

Printed Page 1724 . . . . . Thursday, May 3, 2001

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the TRANSPORTATION ASSOCIATION OF SC to attend a breakfast buffet at the Clarion Town House on Wednesday, May 16, 2001, from 8:00 until 8:45 A.M.

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC LOW INCOME HOUSING COALITION to attend a reception at the Holiday Inn Coliseum on Wednesday, May 16, 2001, from 6:00 until 8:00 P.M.

Printed Page 1725 . . . . . Thursday, May 3, 2001

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC COMMISSION ON HIGHER EDUCATION to attend a reception at the State Museum on Tuesday, May 22, 2001, from 6:00 until 8:00 P.M.

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

Printed Page 1726 . . . . . Thursday, May 3, 2001

An invitation from the JUVENILE DIABETES RESEARCH FOUNDATION to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, May 23, 2001, from 8:00 until 9:00 A.M.

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

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator GIESE from the Committee on Education submitted a favorable report on:

S. 241 (Word version) -- Senator Passailaigue: A BILL TO AMEND ACT 438 OF 2000 SO AS TO PROVIDE THAT STUDENTS WHO ATTEND PRIVATE SCHOOL IN BERKELEY COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR

Printed Page 1727 . . . . . Thursday, May 3, 2001
APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 524 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.

Ordered for consideration tomorrow.

Senator J.VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

Ordered for consideration tomorrow.

Printed Page 1728 . . . . . Thursday, May 3, 2001

Senator J.VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.

Ordered for consideration tomorrow.

Senator J.VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING

Printed Page 1729 . . . . . Thursday, May 3, 2001
EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN

Printed Page 1730 . . . . . Thursday, May 3, 2001
THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a majority favorable with amendment and Senator SHORT a minority unfavorable report on:

H. 3669 (Word version) -- Reps. Bales, Knotts, Allen, Allison, Altman, Askins, 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, Ott, Owens, Parks, Perry,

Printed Page 1731 . . . . . Thursday, May 3, 2001
Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, 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, Witherspoon, A. Young, J. Young and Wilkins: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3783 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE THAT APRIL 3, 2001, SYMBOLIZES THE DAY ON WHICH THE WAGES PAID TO AMERICAN WOMEN TO THIS DATE IN 2001, WHEN ADDED TO THEIR EARNINGS FOR THE ENTIRE 2000 CALENDAR YEAR, FINALLY EQUAL THE 2000 EARNINGS OF AMERICAN MEN, AND TO DECLARE APRIL 3, 2001, "EQUAL PAY DAY" IN ORDER TO RECOGNIZE THE FULL VALUE OF A WOMAN'S SIGNIFICANT SKILLS AND CONTRIBUTIONS TO THIS NATION'S LABOR FORCE.

Ordered for consideration tomorrow.

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. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF

Printed Page 1732 . . . . . Thursday, May 3, 2001
GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.

By prior motion of Senator DRUMMOND

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.

HOUSE BILL RETURNED

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

H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 538 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO

Printed Page 1733 . . . . . Thursday, May 3, 2001
AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.

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

Senator MATTHEWS proposed the following amendment (GJK\20626SD01), which was adopted:

Amend the bill, as and if amended, in item (10) of Section 6 of Act 526 of 1996, as contained in SECTION 1, by striking beginning on line 28, page 1 / forty percent of the annual salaries of members of the Orangeburg County Council / and inserting / four thousand eight hundred dollars /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

Printed Page 1734 . . . . . Thursday, May 3, 2001

H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.

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

The Committee on Judiciary proposed the following amendment (JUD0478.002), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   ____.   Section 16-1-60 of the 1976 Code, as last amended by Act No. 261 of 2000, is further amended to read:

"Section 16-1-60.   For purposes of definition under South Carolina law, a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping

Printed Page 1735 . . . . . Thursday, May 3, 2001
(Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110 (B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312 (B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses." /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

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

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 510 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE

Printed Page 1736 . . . . . Thursday, May 3, 2001
HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.

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

Senator O'DELL proposed the following amendment (SKB\18468SOM01), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __.   Nothing in this act shall be construed to expand the scope of practice of an optometrist. /

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 and ordered placed on the third reading Calendar with notice of general amendments.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE

Printed Page 1737 . . . . . Thursday, May 3, 2001
CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.

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

The Committee on Judiciary proposed the following amendment (JUD3160.002), which was adopted:

Amend the bill, as and if amended, page 3, line 29, in Section 17-1-50(C), as contained in SECTION 1, by striking subsection (C) and inserting therein the following:

/   (C)   The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court.   /

Amend the bill further, as and if amended, page 3, beginning on line 34, in Section 17-1-50(D), as contained in SECTION 1, by striking subsection (D) in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

Printed Page 1738 . . . . . Thursday, May 3, 2001

The committee amendment was adopted.

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

SECOND READING BILL

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

S. 616 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE OF HANDICAPPED PARKING DISPLAY PLACARDS TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A DISABLED OR HANDICAPPED PERSON OR TO A HANDICAPPED PERSON, SO AS TO PROVIDE THAT HANDICAPPED PARKING DISPLAY PLACARDS ALSO MAY BE ISSUED TO A PRIVATE INDIVIDUAL WHO TRANSPORTS A DISABLED OR HANDICAPPED PERSON.

AMENDED, READ THE SECOND TIME

H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM

Printed Page 1739 . . . . . Thursday, May 3, 2001
WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by Senator THOMAS and previously printed in the Journal of Wednesday, May 2, 2001. The amendment was adopted as follows:

Senator THOMAS proposed the following amendment (BBM\ 10243HTC01), which was adopted:

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

/ SECTION   1.   Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2740.   (A)   The Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter shall be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county shall allow 30 days for the payment of taxes before the county notifies the department to suspend the person's driver's license and vehicle registration.

(B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension will not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:

(1)   For a first offense under this section, the penalty shall be a fine not to exceed fifty dollars.

(2)   For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.

(3)   For a third or subsequent offense under this section, the penalty shall not exceed the general criminal jurisdiction of a magistrate's court.

Printed Page 1740 . . . . . Thursday, May 3, 2001

(C)   Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on their court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.

(D)   Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of thirty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."

SECTION   2.   This act takes effect on October 1, 2001. /

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

H. 3890 (Word version) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND SCHOOL DISTRICTS, AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.

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

There was no objection.

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

Printed Page 1741 . . . . . Thursday, May 3, 2001

Senator THOMAS proposed the following amendment (3890R001.DLT), which was adopted:

Amend the joint resolution, as and if amended, in SECTION 1, page 1, lines 24 and 28 by striking / and school districts /

Amend the joint resolution further, as and if amended, page 1, line 32, by striking / and districts /

Amend the joint resolution further, as and if amended, page 1, line 36, by striking / and district /

Amend the joint resolution further, as and if amended, page 1, lines 41 and 42, by striking / and school districts /

Amend the joint resolution further, as and if amended, page 1, line 14, by striking / AND SCHOOL DISTRICTS,   /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS 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.

H. 3890--Ordered to a Third Reading

On motion of Senator THOMAS, with unanimous consent, H. 3890 was ordered to receive a third reading on Friday, May 4, 2001.

AMENDMENT PROPOSED, OBJECTION

H. 3920 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 90 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SERTOMA INTERNATIONAL SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

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

Senators FAIR and GROOMS proposed the following amendment (SWB\5441DJC01):

Printed Page 1742 . . . . . Thursday, May 3, 2001

Amend the bill, as and if amended, by adding after SECTION 1, a new section to read:

/ SECTION   ( )   Chapter 3, Title 56 of the 1976 Code is amended by adding:

  "Article 89

'Choose Life' Special License Plates

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

(C)   Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the

Printed Page 1743 . . . . . Thursday, May 3, 2001
first issuance of the license plate, the department shall retain the deposit.

(D)   If the department receives less than three hundred biennial applications and renewals for the 'Choose Life' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."/

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator HUTTO objected to further consideration of the Bill.

ADOPTED

H. 3930 (Word version) -- Reps. Carnell, Rhoad, Robinson, Limehouse, Stuart, Martin, Weeks, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, 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, Knotts, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, 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, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SCDOT), THE TRANSPORTATION COMMISSION, AND EXECUTIVE DIRECTOR, ELIZABETH S. MABRY, FOR TAKING ACTION TO MEET THE TRANSPORTATION NEEDS OF THE STATE, AND FOR BEING NATIONALLY RECOGNIZED FOR EFFICIENCY AND PRODUCTIVITY DESPITE BEING THE LOWEST FUNDED HIGHWAY DEPARTMENT IN THE NATION.

Senator J. VERNE SMITH spoke on the Concurrent Resolution.

Printed Page 1744 . . . . . Thursday, May 3, 2001

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, DEBATE INTERRUPTED

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: 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, 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

Printed Page 1745 . . . . . Thursday, May 3, 2001
HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD0096.050) proposed by Senators GLOVER and PINCKNEY and previously printed in the Journal of Wednesday, May 2, 2001. Amendment No. 1 was subsequently withdrawn.

Senator PINCKNEY argued in favor of the adoption of the amendment.

RECESS

At 12:32 P.M., with Senator PINCKNEY retaining the floor, on motion of Senator MARTIN, the Senate receded from business not to exceed five minutes.

At 12:36 P.M., the Senate resumed.

Senator PINCKNEY argued in favor of the adoption of the amendment.

On motion of Senator PINCKNEY, with unanimous consent, Amendment No. 12 was taken up for immediate consideration.

Amendment No. 12

Senator RITCHIE proposed the following Amendment No. 12 (96R020.JHR), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 34, in Section 16-23-490(A)(1), as contained in SECTION 3 by striking lines 34 and 35 in their entirety and inserting therein the following: /   "Section 16-23-490. (A)(1)If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife If a person is in possession of a firearm or affirmatively represents that he is in possession of a firearm or visibly displays a knife     /

Amend the bill further, as and if amended, page 3, by striking lines 2 and 3 and inserting the following /   person or within his immediate access, or affirmatively represents that he is in possession of a firearm during the commission or attempted   /

Amend the bill further, as and if amended, page 4, by striking lines 15 and 16 and inserting the following:

Printed Page 1746 . . . . . Thursday, May 3, 2001

/   his person or within his immediate access, or affirmatively represents that he is in possession of a firearm during the commission or attempted   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

On motion of Senator PINCKNEY, with unanimous consent, Amendment No. 1 was withdrawn.

On motion of Senator MARTIN, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. R. T. Ashley of Orangeburg, S.C., beloved husband and devoted father, former educator and retired assistant superintendent of Orangeburg schools, retired real estate broker and active member of various civic groups.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, May 4, 2001, it stand adjourned to meet next Tuesday, May 8, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:55 P.M., on motion of Senator McCONNELL, 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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