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


Printed Page 711 . . . . . Thursday, February 22, 2001

Thursday, February 22, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Matthew gives us a parable of the wise and the foolish virgins. Chapter 26:1:

"Now they that were foolish took their lamps and took no oil with them,

But the WISE took flasks of oil with their lamps."
Let us pray.

Father, St. Matthew makes it so plain. We see that the difference between the wise and the foolish virgins was the difference in being prepared for the short term and intermediate needs, but they had not done their "homework," and were not prepared for the long term and unforeseen emergencies.

Grant to us, O Lord, every day, such wisdom that we may be able to meet our challenges, not only with adequate economic resources but with such resourcefulness of character that will enable us to meet sudden good fortune as well as long-term responsibility.
In the Good Lord's Name!
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Reappointment, South Carolina Commission on Women, with term to commence October 18, 2001, and to expire October 18, 2005

At-Large

Dr. Leon H. Ginsberg, 318 Leaning Tree Road, Columbia, S.C. 29223-3011


Printed Page 712 . . . . . Thursday, February 22, 2001

Referred to the Committee on Judiciary.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

1st Congressional District

Chester A. Duke, 1644 South Waccamaw Drive, Garden City, S.C. 29576

Referred to the Committee on Labor, Commerce and Industry.

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

At-Large

Ms. Barbara W. Grissom, Director of Victim Services, SC Department of Corrections, P. O. Box 21787 VICE Gerald A. Smauldon

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2000, and to expire August 1, 2005

Attorney

Christine Olle Sloan, Esquire, 211 West Liberty Street, Winnsboro, S.C. 29180 VICE Thomas R. Gottshall

Referred to the Committee on Judiciary.

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Commission of Public Works

Dan Bennett, Spartanburg Water System, 301 South Avenue, Spartanburg, S.C. 29306

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2001, and to expire June 9, 2004


Printed Page 713 . . . . . Thursday, February 22, 2001

Community Care Facility

Ms. Joann James, Courtlyn House, 10508 Garners Ferry Road, Eastover, S.C. 29044

Referred to the Committee on Medical Affairs.

Local Appointment

Initial Appointment, Spartanburg County Magistrate, with term to commence March 1, 2001, and to expire April 30, 2003

John Amick Morrow, 40 Woodwind Drive, Spartanburg, S.C. 29302 VICE Johnny Cash

Doctor of the Day

Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 364 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

Recalled and Adopted

Senator PINCKNEY asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.


Printed Page 714 . . . . . Thursday, February 22, 2001

The Concurrent Resolution was recalled from the Committee on Transportation.

Senator PINCKNEY asked unanimous consent to take up the Concurrent Resolution for immediate consideration.

There was no objection.

On motion of Senator PINCKNEY, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

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.
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Read the first time and ordered placed on the Calendar without reference.

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.
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Read the first time and ordered placed on the Calendar without reference.

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.
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Read the first time and ordered placed on the Calendar without reference.


Printed Page 715 . . . . . Thursday, February 22, 2001

S. 368 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF KENNETH M. PEELER OF EDGEFIELD AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 369 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO EXTEND CONGRATULATIONS AND THE BEST WISHES OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO OUR "MISS SOUTH CAROLINA TEEN 2001", SARAH ASHLEY MEDLEY, OF NORTH CHARLESTON AND TO WISH HER EVERY SUCCESS IN THE NATIONAL "MISS USA TEEN 2001" COMPETITION IN AUGUST 2001.
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The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Pinckney                  Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne

Printed Page 716 . . . . . Thursday, February 22, 2001

Thomas                    Verdin                    Waldrep
Wilson

Total--46

NAYS

Total--0

The Senate Resolution was adopted.

S. 370 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KRISTEN POLLOCK ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS AND WINNER OF THE DISTINGUISHED FINALIST MEDALLION DURING THE SIXTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3612 (Word version) -- Reps. Webb, Leach, 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, 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, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION PROUDLY PROCLAIMING THE PRIDE AND EXCITEMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE RECENT ANNOUNCEMENT BY TIME MAGAZINE


Printed Page 717 . . . . . Thursday, February 22, 2001

NAMING CLEMSON UNIVERSITY THE "PUBLIC COLLEGE OF THE YEAR"; AND KIPLINGER'S MAGAZINE RANKING CLEMSON UNIVERSITY THE BEST VALUE IN SOUTH CAROLINA'S PUBLIC COLLEGES AND TWENTY-FIRST AMONG THE TOP ONE HUNDRED BEST VALUES IN PUBLIC COLLEGES NATIONALLY.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

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

An invitation from the THE SC RURAL HEALTH ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, March 1, 2001, from 7:30 until 9:00 A.M.

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the STATE FARM INSURANCE COMPANIES to attend a luncheon on the State House grounds on Tuesday, March 6, 2001, upon adjournment and lasting until 2:00 P.M.


Printed Page 718 . . . . . Thursday, February 22, 2001

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC RECREATION AND PARKS ASSOCIATION to attend a reception at the Adam's Mark Hotel on Tuesday, March 6, 2001, from 6:00 until 8:00 P.M.

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC PETROLEUM MARKETERS ASSOCIATION to attend a reception at the Adam's Mark Hotel on Tuesday, March 6, 2001, from 8:00 until 9:00 P.M.


Printed Page 719 . . . . . Thursday, February 22, 2001

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS to attend a luncheon at the Clarion Town House on Wednesday, March 7, 2001, from 12:30 until 2:00 P.M.

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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


Printed Page 720 . . . . . Thursday, February 22, 2001

An invitation from the SC SUMMARY COURT JUDGES ASSOCIATION to attend a reception at Seawell's Restaurant on Wednesday, March 7, 2001, from 6:00 until 8:00 P.M.

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

AYES

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

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC ASSOCIATION OF NON-PROFIT HOMES FOR THE AGING to attend a breakfast drop-in, Room 221 Blatt Bldg. on Thursday, March 8, 2001, from 8:30 until 10:00 A.M.

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

AYES

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

TOTAL--0

NAYS

TOTAL--0


Printed Page 721 . . . . . Thursday, February 22, 2001

CONCURRENCE

S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2001.

The House returned the Resolution with amendments.

Senator ALEXANDER explained the Concurrent Resolution.

On motion of Senator ALEXANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly.

Committee to Escort

The PRESIDENT appointed Senators DRUMMOND, COURSON, WILSON, HAYES and ANDERSON to escort the Honorable Ray G. Smith, the National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly on Tuesday, February 27, 2001, at 12:30 P.M.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3559 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.

By prior motion of Senator McGILL, with unanimous consent


Printed Page 722 . . . . . Thursday, February 22, 2001

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

S. 187 (Word version) -- Senators Rankin and Short: 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.

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

The Committee on Transportation proposed the following amendment (SKB\18209SOM01), which was withdrawn:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/   SECTION   1.   Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"Section 56-5-6410.   Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall must provide an appropriate child passenger restraint system and shall must secure the child as follows:

(1)   Any A child three years of age or less from birth to twenty pounds and one year of age must be properly secured in a rear facing child restraint system safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2)   Any A child four or five years of age who is between twenty pounds and one year of age to forty pounds and age four must be secured by a in a forward facing child safety belt seat provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.


Printed Page 723 . . . . . Thursday, February 22, 2001

(3)   A child up to the age of six years who is between forty and eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4)   If a child up to the age of six years is over eighty pounds, the child may be restrained in an adult seat belt. If a child under the age of six years can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be moved out of the booster seat into the regular back seat and secured by the adult seat belt.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article." /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN asked unanimous consent to withdraw the current committee amendment and replace it with the subsequent committee amendment.

There was no objection.

The Committee on Transportation proposed the following subsequent amendment (SKB\18216SOM01), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/   SECTION   1.   Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"Section 56-5-6410.   Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall must provide an appropriate child passenger restraint system and shall must secure the child as follows:

(1)   Any A child three years of age or less from birth to twenty pounds and one year of age must be properly secured in a rear facing child restraint system safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2)   Any A child four or five years of age who is between twenty pounds and one year of age to forty pounds and age four must be secured by a in a forward facing child safety belt seat provided in the


Printed Page 724 . . . . . Thursday, February 22, 2001

motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(3)   A child up to the age of six years who is between forty and eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4)   If a child up to the age of six years is over eighty pounds, the child may be restrained in an adult seat belt. If a child under the age of six years can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be moved out of the booster seat into the regular back seat and secured by the adult seat belt.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article." /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the committee amendment.

The committee amendment was adopted.

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

Co-Sponsor Added

On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 187.

AMENDED, READ THE SECOND TIME

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


Printed Page 725 . . . . . Thursday, February 22, 2001

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

Senator HUTTO proposed the following amendment (JUD0135.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 34, in Section 16-3-750(A), as contained in SECTION 1, by striking Section 16-3-750(A) and inserting therein the following:

/   "Section 16-3-750.   (A)   For purposes of this section:

(1)   'Alcohol and drug abuse counselor' means any person who holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or any person who provides services of a psychological nature within the scope of his or her employment.

(2)   'Confidant' means a medical practitioner, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a duly ordained and licensed member of the clergy, an accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege.

(3)   'Psychotherapist' means any person who performs or purports to perform psychotherapy, whether or not such person is licensed by the State under Section 40-63-70.

(4)   'Sexual battery' means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

(5)   'Sexual contact' means any direct or indirect touching, fondling, or manipulating of any part of the genitals, anus, or female


Printed Page 726 . . . . . Thursday, February 22, 2001

breast by any part of the body or by any object or causing a person to engage in such contact.

(6)   'Therapeutic deception' means a representation by a psychotherapist, alcohol and drug abuse counselor, or confidant, that sexual contact by the actor is consistent with or part of the patient's treatment."   /

Amend the bill further, as and if amended, page 2, beginning on line 17, in Section 16-3-750(B)(1), as contained in SECTION 1, by striking lines 17 and 18 in their entirety and inserting therein the following:

/   abuse counselor, or confidant to engage in sexual contact with a patient   /.

Amend the bill further, as and if amended, page 2, beginning on line 28, in Section 16-3-750(B)(2), as contained in SECTION 1, by striking lines 28 and 29 in their entirety and inserting therein the following:

/   abuse counselor, or confidant to engage in sexual contact with a patient   /.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators HUTTO and HOLLAND proposed the following amendment (JUD0135.001), which was adopted:

Amend the bill, as and if amended, page 2, Section 16-3-750(A)(4), as contained in SECTION 1, by striking line 10 in its entirety and inserting therein the following:

/   person to engage in such contact, except when accomplished for medically recognized treatment or diagnostic purposes.   /

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 and ordered placed on the third reading Calendar.


Printed Page 727 . . . . . Thursday, February 22, 2001

ADOPTED

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 Concurrent Resolution was adopted, ordered sent to the House.

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

DEBATE INTERRUTED

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.

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

Senator HUTTO spoke on the Bill.

Motion Adopted

With Senator HUTTO retaining the floor, Senator MARTIN asked unanimous consent to make a motion that, when the Senate adjourns on Friday, February 23, 2001, it stand adjourned to meet at 12:00 Noon on Tuesday, February 27, 2001.


Printed Page 728 . . . . . Thursday, February 22, 2001

There was no objection and the motion was adopted.

Motion Adopted

With Senator HUTTO retaining the floor, Senator MARTIN asked unanimous consent to make a motion that, when the Senate stands adjourned on Tuesday, February 27, 2001, it stand adjourned under the provisions of Rule 1B to meet in Statewide Session at 11:00 A.M. on Wednesday, February 28, 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).

There was no objection and the motion was adopted.

Senator HUTTO resumed speaking on the Bill.

RECESS

At 12:04 P.M., with Senator HUTTO retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 12:10 P.M., the Senate resumed.

Senator HUTTO resumed speaking on the Bill.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator HUTTO retaining the floor.

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were confirmed in open session:

Initial Appointment, Northeast Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Soil and Water Conservation

Theron Dewitt, 2036 Timmonsville Highway, Darlington, S.C. 29532


Printed Page 729 . . . . . Thursday, February 22, 2001

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Special Purpose Districts

Carl J. "Jack" Earle, P. O. Box 1006, Laurens, S.C. 29369

Initial Appointment, Northwest Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

George Milam, Town of Walhalla, P. O. Box 1099, Walhalla, S.C. 29691

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2001, and to expire June 30, 2005

DHEC

Patrick T. Walker, DHEC, 2600 Bull Street, Bureau of Air Quality, Columbia, S.C. 29201 VICE William C. Rowell - resigned

Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1999, and to expire June 30, 2003

SC Bankers Association - Banker

H. Blake Gibbons, The Citizens Bank, P. O. Box 36, Olanta, S.C. 29114 VICE Rodney B. Scarborough

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2000, and to expire June 30, 2004

Credit Unions

A. E. "Rick" Hammond, 902 Shadetree Court, Columbia, S.C. 29212 VICE FMC Fralix

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointment was confirmed in open session:


Printed Page 730 . . . . . Thursday, February 22, 2001

Initial Appointment, Director, Department of Parks, Recreation and Tourism, with term coterminous with Governor

John Kemp Durst, Jr., 3737 Devereaux Rd., Columbia, S.C. 29205 VICE William R. Jennings

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003

4th Congressional District

Dayatra C. Baker-White, 113 Rae's Creek Drive, Greenville, S.C. 29609 VICE Harris G. Andrews

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1997, and to expire August 1, 2002

At-Large

Lawrence H. Bergmann, Ph.D., Post Trauma Resources, 1811 Bull Street, Columbia, S.C. 29201 VICE Sharon Marshall

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 2002, and to expire August 1, 2007

At-Large

Lawrence H. Bergmann, Ph.D., Post Trauma Resources, 1811 Bull Street, Columbia, S.C. 29201

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1998, and to expire June 30, 2002

At-Large

Jacqueline S. Brewer, 832 Duck Hawk Retreat, Charleston, S.C. 29412 VICE James Curtis Harkness

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1997, and to expire August 1, 2002


Printed Page 731 . . . . . Thursday, February 22, 2001

Sexual Assault Prevention

Martha V. Busterna, P. O. Box 693, Greenwood, S.C. 29648 VICE Lois J. Veronen

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 2002, and to expire August 1, 2007

Sexual Assault Prevention

Martha V. Busterna, P. O. Box 693, Greenwood, S.C. 29648

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

5th Congressional District

J. Ann Lynch, Ed.D., 2156 Blue Herron Lane, Camden, S.C. 29020

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1998, and to expire August 1, 2003

Physican

H. Gratin Smith, MD, Self Memorial Hospital, 1325 Spring Street, Greenwood, S.C. 29646 VICE Stephen John Lenes, MD

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

At-Large

Stephen John Taylor, Palmetto Council, Boys Scouts of America, P.O., Box 6249, Spartanburg, S.C. 29304 VICE Cynthia W. Gilliam

Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:

Initial Appointment, Director, Department of Health and Human Services, with term coterminous with Governor

William A. Prince, 5 School Yard Court, Columbia, S.C. 29209 VICE Sam Griswold


Printed Page 732 . . . . . Thursday, February 22, 2001

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with term to commence March 1, 2001, and to expire April 30, 2003

John Amick Morrow, 40 Woodwind Drive, Spartanburg, S.C. 29302 VICE Johnny Cash

MOTION ADOPTED

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank B. Gilbreth, Jr. of Charleston, S.C., best-selling national author (co-author with his sister of "Cheaper by the Dozen" and "Belles on their Toes") and writer of the column "Doing the Charleston" in The Post and Courier for over 40 years.

Time Fixed

Senator MARTIN moved that, when the Senate adjourns on Friday, February 23, 2001, it stand adjourned to meet next Tuesday, February 27, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:16 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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