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, some sober thoughts as we remember a decade ago when our military thought we had won a war... in Desert Storm. Hear Isaiah in Chapter 28:16ff:
"Then justice will dwell in the wilderness, and righteousness shall abide in the fruitful field.
And the effect of righteousness will be peace, and the result of righteousness, quietness and trust forever."
Let us pray.
Father, students of history are still asking the question, "What kind of victory did we gain in the war called Desert Storm"?
The Prophet Isaiah spoke relevant words many centuries ago when he spoke of the "effect" and the "result" of righteousness as being "peace, quietness and trust forever."
Dear God, help us to learn! And it takes both sides... "full of grace."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Abbeville County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001
Curtis G. Clark, P. O. Box 3045, Greenwood, S.C. 29648 VICE Ruth Gulledge
Reappointment, Aiken County Master-in-Equity, with term to commence July 1, 2001, and to expire June 30, 2007
Robert A. Smoak, P. O. Box 1397, Aiken, S.C. 29802
Columbia, S.C., February 28, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Reappointment, Abbeville County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007
Master-in-Equity
The Honorable Curtis G. Clark, P. O. Box 3045, Greenwood, SC 29648
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 28, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Reappointment, Aiken County Master-in-Equity, with term to commence July 1, 2001, and to expire June 30, 2007
Master-in-Equity
The Honorable Robert A. Smoak, Jr., P. O. Box 1397, Aiken, S.C. 29802-1397
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 28, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007
Master-in-Equity
The Honorable Robert D. Jennings, 1 Courthouse Square, P. O. Box 106, Bishopville, SC 29010
Very respectfully,
Speaker of the House
Received as information.
The following was received and referred to the appropriate committee for consideration:
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 June 28, 2001
Senator J. VERNE SMITH introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.
At 11:10 A.M., Senator RAVENEL requested a leave of absence for the balance of the day.
At 11:30 A.M., Senator PATTERSON requested a leave of absence for the balance of the day.
Senator WILSON rose for an Expression of Personal Interest.
S. 124 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was ordered committed to the Committee on Judiciary.
S. 310 (Word version) -- Senators Anderson, Ford, Elliott, Reese, Patterson, Glover, Ravenel and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-665 SO AS TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY A PERSON AFTER HE HAS SERVED HIS PAROLE AND THE APPROPRIATE COUNTY BOARD OF REGISTRATION THAT THE PERSON IS ELIGIBLE TO VOTE.
Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was ordered committed to the Committee on Judiciary.
The following were introduced:
S. 396 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 50-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, SO AS TO PROVIDE THAT A PERSON FISHING DURING THE FIRST WEEK OF JULY WHO HAS AN EXPIRED FISHING LICENSE FOR THE PREVIOUS YEAR ON HIS PERSON, MUST BE ISSUED A WARNING TICKET FOR FISHING WITHOUT A VALID LICENSE RATHER THAN CHARGED FOR FISHING WITHOUT A LICENSE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 398 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME, AND TO PROVIDE CIVIL FINES FOR VIOLATIONS OF RECORDKEEPING DUTIES.
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Read the first time and ordered placed on the Calendar without reference.
S. 399 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION IS HEREBY REAUTHORIZED UNTIL JULY 1, 2001, IN ORDER TO PROVIDE FOR THE DEDICATION OF THE MONUMENT AND TO CONCLUDE THE AFFAIRS OF THE COMMISSION.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection and the Resolution was recalled from the Committee on Judiciary.
The question then was the adoption of the Resolution.
Senator McCONNELL explained the Resolution.
On motion of Senator McCONNELL, the Concurrent Resolution was adopted, ordered sent to the House.
S. 400 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE THE NATIONAL COALITION FOR STROKE PREVENTION AWARENESS FOR THEIR WORK TO INFORM THE PUBLIC ON THE BENEFITS OF LONG TERM STROKE PREVENTION AND FOR THEIR EFFORTS IN IMPROVING THE QUALITY OF LIFE FOR THOSE INDIVIDUALS WHO SUFFER STROKES EACH YEAR.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 401 (Word version) -- Senator Fair: A SENATE RESOLUTION TO EXPRESS THE SENSE OF THE SENATE THAT ANY GOVERNMENT POLICY OR ACTION TO SUPPRESS PRAYER IS TANTAMOUNT TO A LAW PROHIBITING THE FREE EXERCISE OF RELIGION AND COULD, THEREFORE, BE UNCONSTITUTIONAL.
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Senator FAIR spoke on the Resolution.
On Tuesday, February 27, The Greenville News had this article about prayer at athletic events. It says, "Two things that many South Carolinians profess: (1) undying loyalty to their church and (2) undying loyalty to their favorite college football team."
The Clemson Student Senate passed a resolution supporting prayers at athletic events, saying it is constitutional and that students have the right for such prayers.
But Roger Rollin, a past ACLU chapter president and retired Clemson professor, and Rauch Wise, general counsel for the state ACLU, argued that the pre-game prayers violate church and State separation. "Religion is a personal matter," Wise said. "It is not a function of government to make that the price of admission to a football game."
By the way, public prayer is not about trying to be good. It is not about demonstrating our goodness but about declaring our dependence to the One who is good.
The ACLU, Anti-Christian Liberties Union, seems to take great delight in elevating the organization to the role of God by saying that the rest of us are bound by their minority worldview, which is a God-absent view or a God-neutral view. They insist that the rest of us look at public policy using the same pagan viewpoint that eliminates God from public discourse.
I must point out to the ACLU that this body and that body across the lobby just prayed to the Omnipotent God and Creator of the Universe. Perhaps they need to be reminded that this Statehouse was built with public funds. The Chaplain earns a salary that is drawn from the public treasury. This place at the podium is a public place and standing here I am very simply a public official who is paid with public funds that also are drawn from the public treasury.
Ladies and Gentlemen, this is the epitome of the public square. Where is the ACLU?
There is a message that we must send to our state institutions in S.C. The message is this - "The First Amendment is alive and well in S.C. That, at least, means that we all have the freedom to express our religious beliefs and we may do that in the public square if we desire. The Constitution does not recuse itself when we enter hallowed halls of public discourse or stadiums of public entertainment and competition."
The First Amendment is like the air that we breathe. Its freedoms permeate every fiber, indeed every warp and woof of every fiber, within our existence. And just like the air that we breathe, if we shut off that freedom then our society will die, just as surely as our bodies will die without the oxygen contained in the air.
If religion does not belong in one area of the public square, notwithstanding Marsh vs. Chambers, then all areas of the public domain must be considered off-limits to religion and in a very somber sense the public square will also be devoid of religious influence.
If the ability of students to pray is suppressed, I ask you, Dr. Meetze, Chaplain of the Senate, what right do you have to be praying to God in this public building? What right do you, Coach Holtz, have to pray in a stadium or on a taxpayer-owned field? What right do you have, Coach Bowden, to pray on an athletic field in the presence of impressionable young people?
Ladies and Gentlemen of the Senate, we must be the example for the others in South Carolina who are struggling to maintain their rights to express their religious freedom. This Senate Resolution will help provide some help in that regard.
On motion of Senator BRANTON, with unanimous consent, the remarks by Senator FAIR were ordered printed in the Journal.
On motion of Senator FAIR, with unanimous consent, the Senate Resolution was introduced and ordered placed on the Calendar without reference.
S. 402 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DOES NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED BY A RETAILER FOR LATE PAYMENT OR FAILURE TO RETURN BY THE DUE DATE.
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Read the first time and referred to the Committee on Finance.
S. 403 (Word version) -- Senators Courson, Wilson, Hayes, J. Verne Smith and Giese: A BILL TO AMEND SECTION 8-13-1308, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A CERTIFIED CAMPAIGN REPORT BY A CANDIDATE AND COMMITTEE, SO AS TO REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, OR A PARTY COMMITTEE TO FILE A REPORT UPON THE RECEIPT OF ANYTHING OF VALUE, TO DEFINE "ANYTHING OF VALUE" FOR PURPOSES OF THIS SECTION, AND REQUIRE A POLITICAL PARTY TO COMPLY WITH THE SAME REPORTING REQUIREMENTS AS ARE REQUIRED OF CANDIDATES AND COMMITTEES.
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Senator COURSON spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 404 (Word version) -- Senators McConnell, Ravenel and Ford: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-526 BRIDGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "ROBERT W. HARRELL, SR. BRIDGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 405 (Word version) -- Senators Ryberg, Martin, Short, Branton, Ford, Verdin, Thomas, Patterson, Jackson, Pinckney, Alexander, Glover, Gregory, Matthews, Hutto, Holland, Waldrep and Saleeby: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
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Senator RYBERG spoke on the Bill.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3619 (Word version) -- Reps. G. Brown and Lucas: A BILL TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION MAY ESTABLISH, WITHIN GUIDELINES, ITS COMPENSATION AND PER DIEM.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 3637 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE MAJOR GENERAL ARNOLD FIELDS FOR HIS HONORABLE AND OUTSTANDING MILITARY CAREER IN THE UNITED STATES MARINE CORPS AND COMMEND HIM FOR THE MANY DECORATIONS HE HAS EARNED OVER THE PAST THIRTY-TWO YEARS AND FOR HIS CONTINUING LOYAL AND DEDICATED SERVICE TO OUR COUNTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3638 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, 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 and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE YOUNG PEOPLE IN SOUTH CAROLINA WHO ARE LEADERS IN THEIR COMMUNITIES AND TO ENCOURAGE ALL YOUNG PEOPLE TO ASPIRE TO BECOME POSITIVE ROLE MODELS ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S "YOUTH IN THE HOUSE DAY", MARCH 7, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 102 (Word version) -- Senators Hutto, Ford, Hayes, Reese and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, 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 STATE BOARD OF VETERINARY MEDICINE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3124 (Word version) -- Reps. Emory, Clyburn, Robinson and Whipper: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3519 (Word version) -- Reps. Cooper, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, 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, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G M. Smith, J E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO ENDORSE THE NATIONAL PROCLAMATION OF NATIONAL HEART FAILURE AWARENESS WEEK AND TO ENCOURAGE THE DISSEMINATION OF THE TREATMENT GUIDELINES FOR CONGESTIVE HEART FAILURE PUBLISHED BY THE HEART FAILURE SOCIETY OF AMERICA, INC., TO APPROPRIATE HEALTH CARE OFFICIALS IN THE STATE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 187 (Word version) -- Senators Rankin, Short and Hutto: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
S. 135 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
Senator BRANTON explained the Bill.
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.
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.
Senator GREGORY explained the Bill.
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.
Senator GREGORY explained the Bill.
On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor to S. 320.
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.
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 (JUD0182.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-3-20(C)(a)(7) is amended to read:
"(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, a county detention facility employee or former county detention facility employee, or fireman or former fireman during or because of the performance of his official duties."
SECTION 2. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
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.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor to S. 182.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 365 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Resolution.
S. 366 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2528, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Resolution.
S. 367 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator ALEXANDER explained the Resolution.
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.
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.
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 (JUD0070.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
/ A BILL TO AMEND SECTION 2-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE IF THESE OPINIONS AFFECT THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-13-60 of the 1976 Code is amended to read:
"Section 2-13-60. The Code Commissioner shall must:
(1) Compile compile the public statutes of the State.;
(2) Prepare prepare indices and cross-indices to such the codification of public statutes, and provide such to be published publish these indices in the appropriate code volumes as hereinafter provided.;
(3) Note note by annotation decisions of the Supreme Court and the court of appeals of this State under the appropriate sections of the statutes codified and also of the Constitution of 1895 of the State and the rules of court.;
(4) note by annotation all unpublished opinions sent to the Code Commissioner by a Federal District Judge of the South Carolina District which, in the Code Commissioner's opinion, affect or invalidate a South Carolina statute, act, or resolution;
(4)(5) Annually annually prepare for publication, to be printed by the Office of Legislative Printing and Information Technology Resources (LPITR), the statutes and joint resolutions passed at the preceding session.;
(5)(6) Place place analysis lines at the beginning of each section in every act and joint resolution, except state appropriation measures.;
(6)(7) Make make references, by act number and year in which the act is published, to each act and joint resolution of a previous session when amended or repealed.;
(7)(8) Divide divide the acts and joint resolutions into such as may be of a general permanent kind laws and such as may be local or of a temporary nature laws, with indices and cross-indices.;
(8)(9) Arrange arrange all local enactments according to counties in alphabetical order.;
(9)(10) Regularly regularly review and examine all the general statute statutory laws of the State.;
(10)(11) Correct correct typographical and clerical errors.;
(11)(12) Change change or substitute names, titles, and other designations to make them conform to new laws enacted by the General Assembly or new rules, regulations, or orders having the force and effect of law."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators MARTIN and HUTTO proposed the following amendment (JUD0394.001), which was adopted:
Amend the bill, as and if amended, page 1, line 33, in Section 20-7-135(B), as contained in SECTION 1, by striking lines 33 through 35 and inserting therein the following:
/ appointment, provide to each party in the case, on a form approved by Court Administration, written disclosure of the nature, duration, and extent of any and all relationships set forth in subsection (A) and known to the guardian between: /.
Amend the bill further, as and if amended, page 1, beginning on line 39, in Section 20-7-135 (B), as contained in SECTION 1, by striking /, if such relationship is known to the guardian/.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
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 (JUD0087.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 50-11-760 of the 1976 Code is amended to read:
"Section 50-11-760. (A) The hunting of all It is unlawful for a person to hunt game from a public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting road or railroad right-of-way if the person does not have written permission to hunt the land immediately adjacent to the public road or railroad right-of-way. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands.
(B)(1) For purposes of this section, 'Hunting' 'hunting' as used in this section includes:
(a) the hunting of taking deer by occupying stands therefor for that purpose; and
(b) possessing, carrying, or having readily accessible:
(i) a loaded centerfire rifle; or
(ii) a shotgun loaded with shot size larger than number four.
(2) For purposes of this section, 'loaded' means a weapon within which any ammunition is contained.
(3) For purposes of this section, the terms 'possessing', 'carrying', and 'having readily accessible' do not include a centerfire rifle or shotgun which is contained in a:
(a) closed compartment;
(b) closed vehicle trunk;
(c) unoccupied vehicle where the doors and windows are closed; or
(d) vehicle traveling on a public road.
(C) Any A person violating the who violates provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one five hundred dollars or be imprisoned for a period not to exceed more than thirty days.
(D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction."
SECTION 2. Section 50-11-1090 of the 1976 Code is amended to read:
"Section 50-11-1090. The department has the authority during any season of the year to may take, or permit the taking of any person to take game animal animals, which have become so abundant that they are a nuisance or are causing excessive damage to crops, ornamental shrubbery, or real or personal property. and The department must prescribe the method by manner by which they these animals may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions pursuant to this section is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over, as amended.
S. 387 (Word version) -- Senators Branton, McConnell, Hayes, Mescher, J. Verne Smith, Peeler, Ravenel, Grooms, Wilson, Alexander, Giese, Richardson, Ryberg, Ford, Passailaigue, O'Dell, Gregory, Fair, Leatherman, Bauer, Leventis, Thomas, Verdin, Ritchie and Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO APPROPRIATE AND FUND THE 5.7 BILLION DOLLARS PLEDGED BY PRESIDENT GEORGE W. BUSH TO INCREASE THE PAY AND IMPROVE THE QUALITY OF LIFE OF THE BRAVE MEN AND WOMEN WHO VOLUNTEER AND SERVE IN THE ARMED FORCES OF THE UNITED STATES, TOGETHER WITH ALL SUMS NECESSARY TO MODERNIZE, INSURE MAXIMUM READINESS, AND ENABLE THE ARMED FORCES OF THE UNITED STATES TO MEET THE MODERN WARFARE AND TERRORIST CHALLENGES OF THE TWENTY-FIRST CENTURY.
The Concurrent Resolution was adopted, ordered sent to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3518 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2001, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH."
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.
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HUTTO spoke on the Bill.
Senators GIESE and HUTTO proposed the following Amendment No. 4 (JUD0204.021), which was adopted:
Amend the bill, as and if amended, page 2, line 16, in Section 30-230, as contained in SECTION 1, by inserting the following:
/ (3) 'Commercial solicitation' means contact by telephone for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities sponsored by not-for-profit professional associations; or
(c) solicitation of non-consumer products including, but not limited to, real estate. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators HAWKINS and HUTTO proposed the following Amendment No. 5 (BBM\9981HTC01), which was adopted:
Amend the bill, as and if amended, in Section 30-2-50(A), as contained in SECTION 1, page 2, line 31, by striking /record/ and inserting / body /.
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 second time, passed and ordered to a third reading with notice of general amendments.
Having received a favorable report from the Abbeville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Abbeville County Master-in-Equity, with term to commence June 30, 1995, and to expire June 30, 2001
Curtis G. Clark, P. O. Box 3045, Greenwood, S.C. 29648 VICE Ruth Gulledge
Having received a favorable report from the Aiken County Delegation, the following appointment was confirmed in open session:
Reappointment, Aiken County Master-in-Equity, with term to commence July 1, 2001, and to expire June 30, 2007
Robert A. Smoak, P. O. Box 1397, Aiken, S.C. 29802
On motion of Senator O'DELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Scarlett Burns of Pendleton, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, March 2, 2001, it stand adjourned to meet next Tuesday, March 6, 2001, at 12:00 Noon, which motion was adopted.
At 12:13 P.M., on motion of Senator MARTIN, 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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