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

Wednesday, February 28, 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 ACTING PRESIDENT, Senator COURSON. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.)

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

REGULATION WITHDRAWN

The following was received:

Document No. 2193
Agency: Department of Revenue
SUBJECT: Article 9, Video Game Machines; 117-190
Definition - "Single Place" or "Premises"
Received by Lieutenant Governor December 3, 1997
Referred to Finance Committee
120 Day Period Tolled
Permanently Withdrawn February 28, 2001

Doctor of the Day

Senator MARTIN introduced Dr. Larry R. Winn of Easley, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 388 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY JUDITH MCDOWELL FOR HER CONSTANT AND DEVOTED SERVICE TO THE UNITED STATES DISTRICT COURT, CHARLESTON DIVISION, CLERK'S OFFICE AND TO WISH HER WELL UPON THE OCCASION OF HER RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 389 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 9-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEE MEMBERSHIP, CLASSIFICATION OF MEMBERS, AND CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT WHICH EMPLOYS PERSONS WHO PERFORM POLICE FUNCTIONS TO APPLY FOR ADMISSION AS AN EMPLOYER UNDER THAT SYSTEM AND TO PROVIDE AN EXCEPTION.
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Read the first time and referred to the Committee on Finance.

S. 390 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-195 SO AS TO DEFINE "FIREFIGHTER", AND TO PROVIDE THAT A PERSON INITIALLY APPLYING TO BECOME A FIREFIGHTER MUST UNDERGO A STATE LAW ENFORCEMENT DIVISION AND A FEDERAL BUREAU OF INVESTIGATION CRIMINAL BACKGROUND REVIEW AT THE PERSON'S EXPENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 392 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 34, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL WILD TURKEY FEDERATION, TO PROVIDE THAT FEES COLLECTED ABOVE THE COST OF A REGULAR MOTOR VEHICLE REGISTRATION FEE MUST BE DISTRIBUTED TO THE NATIONAL WILDLIFE TURKEY FEDERATION, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE PLATES SHALL BE ISSUED.
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Read the first time and referred to the Committee on Transportation.

S. 393 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-155 SO AS TO PROVIDE THAT EACH FOUR-YEAR PUBLIC INSTITUTION OF HIGHER LEARNING SHALL REQUIRE ALL FRESHMEN TO TAKE A ONE CREDIT HOUR COURSE EACH SEMESTER OF THEIR FRESHMAN YEAR WHICH TEACHES STUDY SKILLS, ALLOCATION OF TIME, GOAL SETTING, POSITIVE THINKING, MOTIVATION, AND RELATED SUBJECTS, AND TO PROVIDE THAT THESE COURSES SHALL BE TAUGHT ON A PASS/FAIL BASIS AND MUST BE SUCCESSFULLY COMPLETED BEFORE THE STUDENT MAY BEGIN HIS SOPHOMORE YEAR.
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Read the first time and referred to the Committee on Education.

S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
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Read the first time and ordered placed on the Calendar without reference.

S. 395 (Word version) -- Senators Peeler and Giese: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST SUCCESSFUL AND RESPECTED ATHLETES AND COACHES, ROBERT L. "BOBBY" GILES, SR. OF COLUMBIA FOR A LIFETIME OF ACCOMPLISHMENT AND SERVICE TO HIS COMMUNITY AND STATE.
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The Senate Resolution was adopted.

H. 3085 (Word version) -- Reps. Meacham-Richardson, Altman, Simrill, G.M. Smith, Whatley and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.

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

H. 3098 (Word version) -- Reps. McGee, Altman, Meacham-Richardson, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

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

H. 3103 (Word version) -- Reps. Sharpe, J.E. Smith, Cotty, Sheheen, Coleman, Quinn, Harrison, Altman, Delleney, Clyburn, Merrill, Knotts, Martin and Thompson: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.

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

H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

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

REPORTS OF STANDING COMMITTEES

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

S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-55 SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT HAVING AN EFFECT ON THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE.

Ordered for consideration tomorrow.

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

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

Ordered for consideration tomorrow.

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

S. 182 (Word version) -- Senators Hawkins, Ritchie and Reese: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

Ordered for consideration tomorrow.

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

S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

S. 317 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF SPECIAL PERMITS TO CAPTURE DESTRUCTIVE ANIMALS, SO AS TO PROVIDE THAT A PERSON TAKING A FURBEARING ANIMAL UNDER THE AUTHORITY OF A DEPREDATION PERMIT MAY DISPOSE OF THE ANIMAL COMMERCIALLY IF THE PERSON TAKING THE ANIMAL HAS A VALID COMMERCIAL FUR LICENSE AND THE PELT OF THE ANIMAL IS TAGGED AS REQUIRED BY LAW, AND TO PROVIDE THAT A PERSON TAKING FURBEARING ANIMALS UNDER THE AUTHORITY OF A DEPREDATION PERMIT MUST REPORT THE NUMBER AND TYPE OF ANIMALS TAKEN TO THE FURBEARER BIOLOGIST OF THE DIVISION OF WILDLIFE AND FRESHWATER FISHERIES OF THE DEPARTMENT OF NATURAL RESOURCES WITHIN TWENTY-ONE DAYS OF THE EXPIRATION OF THE PERMIT.

Ordered for consideration tomorrow.

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

S. 320 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3002 favorable:

H. 3002 (Word version) -- Reps. Wilkins, Cato, Easterday, Hamilton, Leach, Loftis, Rice, F.N. Smith, Tripp, Vaughn, Littlejohn, Simrill and J. Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT I-85 AND WOODRUFF ROAD IN GREENVILLE COUNTY THE "TROOPER DAVID T. BAILEY MEMORIAL INTERCHANGE" IN MEMORY OF DAVID T. BAILEY, A SOUTH CAROLINA HIGHWAY PATROL TROOPER WHO WAS KILLED IN THE LINE OF DUTY WHILE ATTEMPTING A TRAFFIC STOP AT OR NEAR THE INTERCHANGE.

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                McGill
Elliott                   Ryberg                    Rankin
Short                     Grooms                    Ford
Bauer                     Richardson                Ritchie
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Land                      Leventis                  Jackson
Hawkins

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3369 favorable:

H. 3369 (Word version) -- Reps. Townsend, Scarborough, Altman, R. Brown, Campsen, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT TO APPOINT AND THE SENATE TO CONFIRM HARRY BANCROFT LIMEHOUSE TO THE POST OF FEDERAL HIGHWAY ADMINISTRATOR.

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                Leventis
McGill                    Elliott                   Ryberg
Rankin                    Grooms                    Ford
Bauer                     Richardson                Ritchie
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Land                      Short                     Jackson
Hawkins

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3446 favorable:

H. 3446 (Word version) -- Reps. Jennings and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 52 FROM KIMREY LANE THROUGH THE CASH COMMUNITY OF CHESTERFIELD COUNTY TO THE DARLINGTON COUNTY LINE AS THE "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY" IN MEMORY OF U.S. MARINE CORPORAL KELLY KEITH WHO WAS KILLED ON APRIL 9, 2000, WHEN THE MV-22 OSPREY, A COMBINATION HELICOPTER AND AIRPLANE FOR WHICH HE WAS THE CREW CHIEF, TRAGICALLY CRASHED IN ARIZONA WHILE ON A TRAINING EXERCISE, AND TO FURTHER REQUEST THE DEPARTMENT INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THE HIGHWAY THAT THE DEPARTMENT CONSIDERS ADVISABLE CONTAINING THE WORDS "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY".

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                McGill
Elliott                   Ryberg                    Rankin
Short                     Grooms                    Ford
Bauer                     Richardson                Ritchie
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Land                      Leventis                  Jackson
Hawkins

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3518 favorable:

H. 3518 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2001, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH."

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                McGill
Elliott                   Ryberg                    Rankin
Short                     Grooms                    Ford
Bauer                     Richardson                Ritchie
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Land                      Leventis                  Jackson
Hawkins

TOTAL--4

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 370 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KRISTEN POLLOCK ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS AND WINNER OF THE DISTINGUISHED FINALIST MEDALLION DURING THE SIXTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 388 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY JUDITH MCDOWELL FOR HER CONSTANT AND DEVOTED SERVICE TO THE UNITED STATES DISTRICT COURT, CHARLESTON DIVISION, CLERK'S OFFICE AND TO WISH HER WELL UPON THE OCCASION OF HER RETIREMENT

Returned with concurrence.

Received as information.

MOTION ADOPTED

On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George H. Strickland, Jr. of Hilton Head, S.C., Army veteran, civic leader and public servant.

ADJOURNMENT

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

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