Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a Word from God, through the prophet Isaiah, Chapter 45:19ff:
"I did not speak in secret, in a land of darkness; I did not say to the offspring of Jacob, 'SEEK ME IN CHAOS'.
I, the Lord, speak the truth... Assemble yourselves and come, draw
near together, you survivors of the nations!"
Let us pray.
Yes, Lord, we heard it!
The word "survivors" is related to those who also prayed:
"Create in me a clean heart, O God;
And renew a right Spirit within me."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator RITCHIE, with unanimous consent, Senators HAWKINS, PINCKNEY and RITCHIE were granted leave to attend a subcommittee meeting and be notified of any roll call votes.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
John L. Miles, 152 East Friendfield Road, Coward, S.C. 29583
At 11:25 A.M., Senator SALEEBY requested a leave of absence for Thursday and Friday of this week.
H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.
Senator WILSON asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary and place it on the Local and Uncontested Calendar.
There was no objection.
The Bill was recalled, ordered placed on the Local and Uncontested Calendar.
The following were introduced:
S. 720 (Word version) -- Senators Leatherman, J. Verne Smith, Peeler, Ravenel, Grooms, Mescher, Ryberg and McConnell: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA PORTS AUTHORITY TO CONTRIBUTE THE ANNUAL SUM OF FIVE MILLION DOLLARS FOR THE NEXT TWENTY-FIVE YEARS TOWARD THE TOTAL COST OF THE COOPER RIVER BRIDGES PROJECT.
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Read the first time and referred to the Committee on Finance.
S. 721 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
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Read the first time and referred to the Committee on Judiciary.
S. 722 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE THE ACHIEVEMENTS OF THE STAFF AND STUDENTS OF THE ACADEMY FOR THE ARTS, SCIENCE AND TECHNOLOGY RECENTLY NAMED AS A "NEW AMERICAN HIGH SCHOOL" IN HORRY COUNTY.
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The Senate Resolution was adopted.
H. 3996 (Word version) -- Reps. Edge, Harrison and Jennings: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.
Read the first time and, on motion of Senator RANKIN, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator RANKIN, with unanimous consent, H. 3996 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4192 (Word version) -- Reps. J.E. Smith and Lourie: A CONCURRENT RESOLUTION OFFERING THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BEEBE JAMES, EXECUTIVE DIRECTOR OF PREVENT CHILD ABUSE SOUTH CAROLINA, ON THE OCCASION OF HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4196 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE SENECA HIGH SCHOOL SOFTBALL TEAM ON THEIR TERRIFIC SEASON OF COMPETITION AND TO CONGRATULATE THE "LADY BOBCATS" ON WINNING THE 2001 CLASS AAA SOFTBALL STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4197 (Word version) -- Rep. J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. THELMA FRAZIER RIVERS OF THE TOWN OF TIMMONSVILLE AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4198 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND JAMES R. BETHUNE, SR., FOR HIS LOYAL AND DEDICATED SERVICE TO THE ORANGEBURG AREA DEVELOPMENT CENTER, A CIVIC AND SERVICE ORGANIZATION, AND FOR HIS MANY CONTRIBUTIONS TO THE COMMUNITY AND ITS CITIZENS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4204 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND THE STUDENTS, TEACHERS, ADMINISTRATORS, AND SUPPORT STAFF OF SATCHEL FORD ELEMENTARY SCHOOL, LOCATED IN COLUMBIA, SOUTH CAROLINA IN RICHLAND SCHOOL DISTRICT ONE ON THEIR OUTSTANDING SCHOOL ENVIRONMENT AND TO CONGRATULATE THEM ON THEIR SCHOOL BEING NAMED A NATIONAL BLUE RIBBON SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4205 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE COACHES AND MEMBERS OF THE RICHLAND NORTHEAST GIRLS SOCCER TEAM OF COLUMBIA UPON WINNING THE CLASS AAAA STATE CHAMPIONSHIP TITLE FRIDAY, MAY 11, 2001, AND WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4206 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS AND COACHES OF THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BOYS TRACK AND FIELD TEAM ON WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP ON MAY 12, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4207 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MRS. JANYE CLEMENT OF ORANGEBURG COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE ORANGEBURG AREA DEVELOPMENT CENTER AND FOR HER COMMITMENT TO IMPROVING THE LIVES OF YOUNG PEOPLE IN HER COMMUNITY AND THIS STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4208 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. ROBERT SHAW EVANS OF ORANGEBURG FOR HIS MANY YEARS OF DEDICATION AND SERVICE TO HIS FELLOW MAN THROUGH HIS WORK WITH THE ORANGEBURG AREA DEVELOPMENT CENTER, HIS COMMUNITY, AND THIS STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:
S. 617 (Word version) -- Senators Martin, Thomas and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 56 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT" AND PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO USE WHEN VERIFYING COMPLIANCE WITH MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS, TO PROVIDE THE DIVISION OF MOTOR VEHICLES MUST CONTRACT WITH A DESIGNATED AGENT TO COMPILE THE NECESSARY INFORMATION FOR THE DATABASE FROM INSURERS' INFORMATION; AND TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF DATA BY THE DEPARTMENT OF PUBLIC SAFETY BY THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Transportation submitted a favorable report on:
S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 3633 (Word version) -- Reps. D.C. Smith and J.R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIR ED TO TAKE PLACE IN THE MUNICIPALITY.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 3966 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF HUMAN RESOURCES, RELATING TO STATE HUMAN RESOURCES REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Columbia, S.C., May 29, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Walker, Lloyd and Townsend to the Committee of Conference on the part of the House 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.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator LAND, Senator SHORT was appointed in lieu of Senator SETZLER to the Committee of Conference on H. 3602, and a message was sent to the House accordingly.
Columbia, S.C., May 29, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has receded from its amendments to:
S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Very respectfully,
Speaker of the House
Received as information.
S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Having received the message from the House whereupon they receded from their amendments, the Senate proceeded to a consideration of the Bill.
It was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 29, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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.
asks for a Committee of Conference, and has appointed Reps. Ott, Frye and Coates to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
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.
Having voted on the prevailing side, Senator McGILL asked unanimous consent to make a motion to reconsider the vote whereby the Senate nonconcurred with the House amendments.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
On motion of Senator McGILL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator RICHARDSON proposed the following amendment (SWB\5530DJC01), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ___. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1340. It is unlawful to set or use a trap or basket commonly known as a 'crab pot' to catch crab for commercial purposes within Little Chechessee Creek in Beaufort County. Individuals may set two crab pots to catch crab for personal consumption and not for sale."/
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
Columbia, S.C., May 29, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 654 (Word version) -- Senators Patterson, Giese and Ford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Returned with concurrence.
Received as information.
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. 465 (Word version) -- Senators Waldrep and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION.
S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.
On motion of Senator McCONNELL, with unanimous consent.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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 HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PINCKNEY argued contra to the second reading of the Bill.
Senator HAWKINS asked unanimous consent to make a motion to continue the Bill.
Senator HUTTO objected.
Senator PINCKNEY argued contra to the second reading of the Bill.
With Senator PINCKNEY retaining the floor, debate was interrupted by the Joint Assembly.
At 11:55 A.M., on motion of Senator MARTIN, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 518 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 30, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Ninth Judicial Circuit, Seat #1.
Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Deadra L. Jefferson of Charleston, S.C., Mr. James A. Turner of Charleston, S.C., and Mr. Roger M. Young of North Charleston, S.C., had been screened and found qualified to serve.
On motion of Senator McCONNELL, with unanimous consent, the names of Mr. Roger M. Young and Mr. James A. Turner were withdrawn from consideration.
Senator McCONNELL placed the name of Ms. Deadra L. Jefferson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Deadra L. Jefferson had been elected to the position of Judge, Ninth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Tenth Judicial Circuit, Seat #1.
Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. J. C. Nicholson, Jr. of Anderson, S.C., Mr. J. Cordell Maddox, Jr. of Anderson, S.C., and Mr. Charles W. Whiten, Jr. of Anderson, S.C., had been screened and found qualified to serve.
On motion of Senator McCONNELL, with unanimous consent, the names of Mr. Charles W. Whiten, Jr. and Mr. J. Cordell Maddox, Jr. were withdrawn from consideration.
Senator McCONNELL placed the name of the Hon. J. C. Nicholson, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. C. Nicholson, Jr. had been elected to the position of Judge, Tenth Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Fifteenth Judicial Circuit, Seat #1.
Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Steven H. John of Myrtle Beach, S.C., and Mr. C. Reuben Goude of Hemingway, S.C., had been screened and found qualified to serve.
On motion of Senator McCONNELL, the name of Mr. C. Reuben Goude was withdrawn from consideration.
Senator McCONNELL placed the name of Mr. Steven H. John in nomination and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Steven H. John was elected to the position of Judge, Fifteenth Judicial Circuit, Seat #1 for the term prescribed by law.
Subsequent to the election to boards of trustees of certain colleges and universities, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 618 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF CERTAIN JUDGES TO THE CIRCUIT COURT AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRES IN 2001, OR WHOSE POSITION MUST OTHERWISE BE FILLED.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Legislative Audit Council.
Representative Harrison indicated that the Hon. Marion "Son" Kinon had been screened and found qualified to serve and his name was placed in nomination.
Representative Harrison moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Marion "Son" Kinon was elected to a position on the Legislative Audit Council for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:07 P.M., the Senate resumed.
At 12:09 P.M., on motion of Senator MARTIN, the Senate receded from business until 1:30 P.M.
The Senate reassembled, at 1:32 P.M., and was called to order by the PRESIDENT.
At 1:32 P.M., on motion of Senator MARTIN, the Senate receded from business pending the presence of a quorum.
At 1:40 P.M., a quorum being present, the Senate resumed.
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 HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
The Senate resumed consideration of the Bill, the question being the second reading of the Bill.
Senator PINCKNEY argued contra to the second reading of the Bill.
With Senator PINCKNEY retaining the floor on S. 96, Senator McCONNELL asked unanimous consent to make a motion that S. 96 be given a second reading, with notice of general amendments on third reading, carrying over all amendments to third reading.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, with Senator PINCKNEY retaining the floor.
On motion of Senator McCONNELL, the Senate agreed to dispense with the Motion Period.
Senator McCONNELL asked unanimous consent to make a motion to take up S. 583, the Sine Die Resolution, for immediate consideration and place S. 583 in the status of Interrupted Debate
There was no objection.
S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of Amendment No. 1 (RESMIN583-01FC.TLM) proposed by Senator MOORE and previously printed in the Journal of Tuesday, May 29, 2001.
On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was placed in the status of Interrupted Debate, with Senator MOORE retaining the floor.
Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002
John L. Miles, 152 East Friendfield Road, Coward, S.C. 29583
On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. W. Furman Baker of John's Island, S.C., beloved father of Brenda Melton and father-in-law to Sgt.-at-Arms Jim Melton.
At 1:46 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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