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 the words of Psalm 138:
"I will give thanks to You, O Lord with my whole heart;
Before the gods I will sing Your praise."
Let us pray.
Father, we have come again to tend to our people's business.
Sometimes we have our differences... mostly procedural! sometimes perceptive!
Help us to concentrate upon the essentials in our common life.
Help us to sublimate our thinking in the spirit of the Spanish poet, Cesareo Gabarain, who sang,
"You have come down to the lake-shore seeking neither the wise nor the wealthy but only asking for me to follow.
You know full well what I have, Lord; neither treasure nor weapons for conquest, just these, my fish-nets and will, for working.
Sweet Lord, you have looked into my eyes; kindly smiling, You've called out my name."
Here we are, Lord! Show us the way!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2581
Agency: Department of Insurance
38-43-106
SUBJECT: Continuing Insurance Education
Received by Lieutenant Governor February 15, 2001
Senator WALDREP introduced Dr. Scott Waguespack of Anderson, S.C., Doctor of the Day.
On motion of Senator J. VERNE SMITH, at 11:05 A.M., Senator DRUMMOND was granted a leave of absence for today.
On motion of Senator RICHARDSON, at 11:05 A.M., Senator RYBERG was granted a leave of absence for today.
At 11:05 A.M., the leave of absence granted to Senator REESE for Wednesday and today was rescinded.
On motion of Senator REESE, at 11:07 A.M., Senator SALEEBY was granted a leave of absence for today.
At 12:10 P.M., Senator PEELER requested a leave of absence for the balance of the day.
At 12:24 P.M., Senator HAYES requested a leave of absence for the balance of the day.
Senator BRANTON rose for an Expression of Personal Interest.
At 11:34 A.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a time convenient to the House of Representatives.
There was no objection and a message was sent to the House accordingly.
S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Senator THOMAS asked unanimous consent to request the return of the Concurrent Resolution from the House.
There was no objection.
A message was sent to the House accordingly.
Columbia, S.C., February 15, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it is returning the following Concurrent Resolution as requested by the Senate:
S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
Very respectfully,
Speaker of the House
Received as information.
S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
The House returned the Concurrent Resolution as requested.
Senator THOMAS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
Senator THOMAS asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the Concurrent Resolution.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, adoption of the Concurrent Resolution was reconsidered and the Resolution was ordered returned to the Senate Calendar.
H. 3322 (Word version) -- Reps. Wilkins, Cato, Easterday, Hamilton, Leach, Loftis, Allen, Rice, F.N. Smith, Tripp, Vaughn and Haskins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE SPANNING I-385 AT SECONDARY ROAD 84, STANDING SPRINGS ROAD, IN GREENVILLE COUNTY, THE "ROBERT A. 'BUD' HUBBARD MEMORIAL BRIDGE" IN MEMORY OF ROBERT 'BUD' HUBBARD A DISTINGUISHED SOUTH CAROLINIAN WHO, AMONG HIS MANY ACHIEVEMENTS AND ACCOMPLISHMENTS, PLAYED AN INSTRUMENTAL ROLE IN THE PLANNING AND CONSTRUCTION OF THE SOUTHERN CONNECTOR ROADWAY IN GREENVILLE COUNTY.
Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
Senator THOMAS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 328 (Word version) -- Senators Alexander, Wilson, Giese, J. Verne Smith, Grooms, Martin and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37 SO AS TO PROVIDE THE "DO NOT CALL REGISTRY" AUTHORIZING THE DEPARTMENT OF CONSUMER AFFAIRS TO ESTABLISH A DATABASE OF RESIDENTIAL TELEPHONE SUBSCRIBERS WHO OBJECT TO RECEIVING CERTAIN TELEPHONE SOLICITATIONS, TO PROVIDE FOR THE OPERATION OF THE DATABASE BY THE DEPARTMENT, TO PROVIDE FOR FEES TO BE CHARGED TO PERSONS OR ENTITIES ACCESSING THE DATABASE, TO PROVIDE THAT THE FEES ARE USED TO MAINTAIN THE DATABASE, TO PROVIDE CIVIL PENALTIES FOR TELEPHONE SOLICITORS WHO CALL TELEPHONE NUMBERS ON THE REGISTRY MORE THAN ONCE IN A TWELVE-MONTH PERIOD, TO PROVIDE A STATUTE OF LIMITATIONS, AND TO PROVIDE THAT TELEPHONE CALLER IDENTIFICATION SERVICES ARE NOT LIABLE FOR VIOLATIONS OF THIS CHAPTER AND TELEPHONE COMPANIES ARE NOT RESPONSIBLE FOR THE CHAPTER'S ENFORCEMENT OR LIABLE FOR ERRORS OR OMISSIONS IN THE DATABASE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD THE DATABASE ESTABLISHED PURSUANT TO THIS CHAPTER; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO THE REGULATION OF
Senator ALEXANDER spoke on the Bill.
Read the first time and referred to the Committee on Banking and Insurance.
S. 329 (Word version) -- Senators Leatherman, Alexander, Branton, Courson, Elliott, Ford, Gregory, Grooms, Hawkins, Hayes, Holland, Jackson, Land, Leventis, Matthews, McGill, Mescher, O'Dell, Patterson, Pinckney, Ravenel, Reese, Short, Verdin and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37, RELATING TO CONSUMER PROTECTION, SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 330 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-68 SO AS TO LIMIT TO ONE THOUSAND THE NUMBER OF STUDENTS ON EACH PUBLIC SCHOOL CAMPUS, TO REQUIRE REPORTING WHEN ENROLLMENT REACHES NINE HUNDRED, AND TO AUTHORIZE THE SCHOOL DISTRICT TO ISSUE WAIVERS ON A CASE-BY-CASE BASIS.
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Read the first time and referred to the Committee on Education.
S. 331 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-970 SO AS TO PROVIDE AN ANNUAL LONGEVITY PAY RAISE FOR STATE EMPLOYEES.
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Read the first time and referred to the Committee on Finance.
S. 332 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-36-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ON ACCOMMODATIONS FOR TRANSIENTS, SO AS TO EXEMPT ACCOMMODATIONS FOR A
Read the first time and referred to the Committee on Finance.
S. 333 (Word version) -- Senators Leatherman, McConnell, Peeler, Giese, Mescher, Richardson, Waldrep, Courson, Wilson, Grooms, Ritchie, Fair, Bauer, Hayes, Martin, Hawkins, Alexander, Verdin, Thomas, Ryberg and Gregory: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT PRESIDENT BUSH'S TAX CUT PROPOSAL FOR THE PURPOSE OF STIMULATING THE AMERICAN ECONOMY AND ALLOWING AMERICAN TAXPAYERS TO KEEP MORE OF THEIR INCOME.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.
S. 334 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 52-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION HAS DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OVER ALL PROFESSIONAL SPORTS AND ALL PROFESSIONAL SPORTS AGENTS.
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Read the first time and referred to the General Committee.
S. 335 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-1-212 AND 14-1-213 SO AS TO PROVIDE THAT EIGHT AND EIGHTY-EIGHT ONE-HUNDREDTHS OF A PERCENT OF ALL MONEY COLLECTED BY MAGISTRATES AND MUNICIPAL JUDGES, RESPECTIVELY, FOR FRAUDULENT CHECK COURT COSTS MUST BE RETAINED AND USED EXCLUSIVELY FOR CAPITAL IMPROVEMENTS TO THE COUNTY'S MAGISTRATE COURT SYSTEM OR THE MUNICIPALITIES COURT SYSTEM; TO AMEND SECTIONS 34-11-70 AND 34-11-90, BOTH AS AMENDED, RELATING TO ADMINISTRATIVE COSTS AND
Read the first time and referred to the Committee on Judiciary.
S. 336 (Word version) -- Senators Glover and Pinckney: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO COMMIT A PERSON TO JAIL FOR FAILURE TO PAY CHILD SUPPORT AND TO SUSPEND THE SENTENCE AND ORDER PROBATION, INCLUDING DAY PLACEMENT AT A RESTITUTION CENTER; TO AMEND SECTION 24-21-480, RELATING TO THE RESTITUTION CENTER PROGRAM IN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO AUTHORIZE PLACEMENT IN THE CENTER OF PERSONS IN CONTEMPT OF COURT FOR NONPAYMENT OF CHILD SUPPORT, TO PROVIDE A DAY PLACEMENT FEE OF FIVE DOLLARS A DAY; TO PROVIDE THAT THERE IS NO MINIMUM PERIOD FOR PLACEMENT FOR A PERSON IN THE PROGRAM FOR FAILURE TO PAY CHILD SUPPORT; AND TO PROVIDE THAT PLACEMENT IN A RESTITUTION CENTER FOR FAILURE TO PAY CHILD SUPPORT IS SUBJECT TO FUNDING APPROPRIATED TO THE DEPARTMENT FOR EXPANSION OF THIS PROGRAM.
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Read the first time and referred to the Committee on Judiciary.
S. 337 (Word version) -- Senators Glover and Pinckney: A BILL TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO PROVIDE THAT AT THE DEDICATION OF THIS MONUMENT AND PERMANENTLY THEREAFTER THE BLACK LIBERATION FLAG MUST BE FLOWN FROM A FLAGPOLE TO BE ERECTED ON THE EAST SIDE OF THE MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF THIS FLAG, AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 338 (Word version) -- Senators Richardson, Ford, Elliott, Mescher, McConnell, Ritchie, Ryberg, Martin, Wilson, Gregory and Verdin: A BILL TO AMEND SECTION 2-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF LOBBYISTS AND TERMINATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST REMAINS REGISTERED; AND TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPALS AND TERMINATION OF AUTHORIZATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S PRINCIPAL'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL REMAINS REGISTERED.
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Read the first time and referred to the Committee on Judiciary.
S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.
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Read the first time and referred to the Committee on Judiciary.
S. 340 (Word version) -- Senators Glover, Anderson and Pinckney: A BILL TO AMEND SECTION 20-7-852, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT AWARDS, SO AS TO ADD FACTORS THAT MUST BE CONSIDERED BY THE COURT AS REASONS FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES OR MAY BE USED IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED REQUIRING MODIFICATION OF AN EXISTING ORDER; AND TO PROHIBIT THE INCARCERATION OF A NONCUSTODIAL PARENT WHO HAS MADE REASONABLE EFFORTS TO COMPLY WITH A SUPPORT ORDER.
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Read the first time and referred to the Committee on Judiciary.
S. 341 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER, EXTERIOR INSULATION FINISH SYSTEMS, OR OTHER EXTERIOR CLADDING UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR AND TO REQUIRE BUILDING INSPECTORS TO CONDUCT CERTAIN FLASHING INSPECTIONS BEFORE SUCH EXTERIOR CLADDING IS INSTALLED OR REPAIRED; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS AN ADDITIONAL GROUND THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS OF EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 342 (Word version) -- Senators Glover, Anderson and Pinckney: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT BY ADDING CHAPTER 12 SO AS TO ENACT THE FAIR PAY ACT OF 2001, WHICH MAKES IT UNLAWFUL FOR AN EMPLOYER WHO
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 344 (Word version) -- Senators Wilson, Giese, Peeler, Grooms, Bauer and Leatherman: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator VERDIN raised a Point of Order that the Bill was improperly on the Local Calendar and should be on the Statewide Calendar inasmuch as the Bill related to two counties.
The PRESIDENT took the Point of Order under advisement.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Senator LEATHERMAN explained the Bill.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 130 (Word version) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
S. 289 (Word version) -- Senators McConnell, Moore and Ritchie: A BILL TO AMEND SECTION 2-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.
H. 3109 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND SECTION 40-15-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH DENTAL HYGIENISTS MAY MONITOR NITROUS OXIDE ANESTHESIA, SO AS TO APPLY SUCH MONITORING TO NITROUS OXIDE INHALATION CONSCIOUS SEDATION.
H. 3421 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 21, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN INTERSTATE COMMERCE AND OTHER CONSTITUTIONAL AND STATUTORY VIEW POINTS IN LOCATING AND DEVELOPING MAJOR DEVELOPMENT PROJECTS IN THIS STATE WHICH HAVE MULTI-STATE AND MULTI-NATIONAL EFFECTS, TO EXPRESS THE WILLINGNESS OF THE STATE OF SOUTH CAROLINA TO BE A PARTNER IN PROTECTING, COMPLYING WITH, OR WORKING THROUGH EACH OF THESE CONSTITUTIONAL OR STATUTORY CONSIDERATIONS WITH A POTENTIAL INVESTOR, AND TO COMMEND AND THANK STEVEDORING SERVICES OF AMERICA FOR THEIR WILLINGNESS TO INVEST SUBSTANTIAL SUMS OF MONEY IN SUCH PROJECTS IN UNDERDEVELOPED AREAS OF OUR STATE.
Senator PINCKNEY explained the Resolution.
Senator LEATHERMAN objected to further consideration of the Concurrent Resolution.
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. Verne Smith, Thomas, Verdin, Richardson and Branton: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE argued contra to the third reading of the Bill.
A roll call vote was ordered, during which Senators PASSAILAIGUE and LEVENTIS asked to be recorded as voting "present."
Senator RICHARDSON made a Parliamentary Inquiry as to whether or not Rule 16 provided for members to vote "present" during a roll call vote.
The PRESIDENT stated that it was within the province of the Senate under the provisions of Rule 16 that a member present "must give his vote one way or the other unless excused by the Senate."
Senator RICHARDSON made a Parliamentary Inquiry as to whether the Senate would need to vote on whether a member could be excused from voting.
The PRESIDENT stated that the Senate would need to determine the question by majority vote.
Senator J. VERNE SMITH made a Parliamentary Inquiry as to whether a vote of "present" would be counted as not voting.
The PRESIDENT stated that a "present" vote would not be counted without leave of the Senate.
Senator COURSON asked unanimous consent to make a motion to grant leave to Senators LEVENTIS and PASSAILAIGUE to vote "present" on S. 198.
Senator J. VERNE SMITH objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland* Hutto* Jackson Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell* Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg* Saleeby* Setzler* Short Smith, J. Verne Thomas Verdin Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
We voted "present" on the ratification of Senate Bills 198 and 199 because we are cognizant of the fact that both these Bills ratify Constitutional amendments passed by the voters in the election of November, 2000. However, the ratification of these two Bills should not cloud my position that the statutory law requires significant overhaul for the following reasons:
1. The sales tax increase that voters may decide upon to eliminate the personal property tax on private passenger vehicles, boats and airplanes fails to exempt the tax from being levied on the essentials of life, ie., food. We attempted to correct this on the floor without success, and we have introduced separate legislation (S. 345) to correct this glaring inequity. If S. 198 and S. 199 are not amended, the result sets in motion a person making minimum wage paying a sales tax on bread at the grocery store which would go to exempt the property tax on a million dollar jet or yacht.
2. The reduction of the assessment rates leaves the taxpayer unprotected and subject to both a tax shift and a tax increase on other classes of property subject to the property tax. Since homeowners pay the greatest portion of the property tax, the majority of the shift of the tax burden will go to them. Reassessment will further "skew" the result to homeowners subject to the fastest rate of real estate appreciation. Because rental property is assessed at 50% more than homeowners, landlords will pass this tax on at a greater rate to their tenants. There will be an overall property tax increase because the vehicle property tax is the fastest growing portion of local government revenue. The end result of a decrease of almost one-half of the assessment ratio on vehicles, combined with the shift to property values that increase at a slower pace (ie., real
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 204 (Word version) -- Senator Hawkins: 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.
Senator HAWKINS moved that the Bill be made a Special Order.
Senator LEVENTIS raised a Point of Order that the motion was out of order inasmuch as the Bill had not been on the Calendar for six statewide legislative days.
The PRESIDENT overruled the Point of Order and stated that the Bill had been on the Calendar the requisite number of days.
The question then was the motion to set the Bill for Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell McGill Mescher Passailaigue Peeler* Rankin Ravenel Reese Richardson Ritchie Ryberg* Setzler Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Ford Glover Holland Jackson Leventis Matthews Patterson Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Senator PINCKNEY desired to be recorded as voting against the motion to make S. 204 a Special Order.
The Bill was made a Special Order.
S. 62 (Word version) -- Senators Mescher, Grooms, McGill and Branton: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.
Senator GROOMS moved that the Bill be made a Special Order.
Senator LEVENTIS objected to the motion.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell McGill Mescher Peeler* Ravenel Richardson Ritchie Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Elliott Ford Glover Holland Leventis Matthews Passailaigue Patterson
Pinckney Rankin Reese Setzler Short
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Not having received the requisite number of votes, the motion to make the Bill a Special Order failed.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 15, 2001, at 12:23 P.M. and the following Acts and Joint Resolutions were ratified:
(R7, S. 114 (Word version)) -- Senators McConnell, Ford, Elliott, Giese and Reese: AN ACT TO AMEND SECTION 2-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENATE MANAGEMENT AND OPERATIONS COMMITTEE, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO NINE.
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(R8, S. 115 (Word version)) -- Senators Elliott and Reese: AN ACT TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
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(R9, S. 212 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND ACT 469 OF 2000, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF YORK
(R10, S. 213 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 459 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE AND AUTHORIZING THE COMMITTEE TO EXPEND CERTAIN FUNDS FOR CONTRACTUAL SERVICES, SO AS TO PROVIDE THAT COMMITTEE MEMBERS MAY BE PAID THE USUAL MILEAGE FOR THEIR ROAD INSPECTIONS.
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(R11, S. 222 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 11-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S USE OF REVENUES OF THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO AUTHORIZE ADDITIONAL LEGAL INVESTMENTS FOR THESE REVENUES BY THE STATE TREASURER IN OBLIGATIONS OF CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA IF THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS AND BEAR AN INVESTMENT GRADE RATING OF AT LEAST TWO NATIONALLY RECOGNIZED RATING SERVICES.
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(R12, S. 264 (Word version)) -- Senators Martin and Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF PICKENS HIGH SCHOOL ON NOVEMBER 16, 2000, BECAUSE OF A BROKEN WATER MAIN, AND THE DAYS MISSED ON DECEMBER 6, 2000, BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER MAIN PROBLEM IN THE TOWN OF EASLEY BE EXEMPTED FROM THE MAKE-UP
(R13, H. 3140 (Word version)) -- Reps. Wilkins, Harrison, Walker, Campsen, Coates and Altman: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2001.
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The following was introduced:
S. 345 (Word version) -- Senators Passailaigue, Moore, Matthews, Patterson, Reese, Glover, Jackson and Anderson: A BILL TO AMEND SECTION 4-10-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND COLLECTION OF THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, SO AS TO PROVIDE THAT THE LOCAL SALES AND USE TAX DOES NOT APPLY TO THE GROSS PROCEEDS OF SALES OR THE SALE PRICE OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
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On motion of Senator PASSAILAIGUE, with unanimous consent, read the first time and referred to the Committee on Finance.
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW
On motion of Senator MARTIN, with unanimous consent, the Bill was taken up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland* Hutto* Jackson Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell* Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg* Saleeby* Setzler* Short Smith, J. Verne Thomas Verdin Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Marcie Tisdale Stone of Kingstree, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, February 16, 2001, it stand adjourned to meet next Tuesday, February 20, 2001, at 12:00 Noon, which motion was adopted.
Senator McCONNELL asked unanimous consent to make a motion that, when the Senate stands adjourned on Tuesday, February 20, 2001, it stand adjourned under the provisions of Rule 1B to meet in statewide session at 11:30 A.M. on Wednesday, February 21, 2001, (for the exclusive purpose of Receipt of Communications, Introduction of Bills and Resolutions, Receipt of Committee Reports, and taking up local matters and uncontested matters which have previously received unanimous consent to be taken up) and then recede until 11: 55 A.M., whereupon the Senate would reconvene for the purposes of attending the Joint Assembly, and stand adjourned immediately following the conclusion of the Joint Assembly to meet at 11:00 A.M. on Thursday, February 22, 2001.
At 12:34 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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