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

Printed Page 734 . . . . . Tuesday, February 27, 2001

Tuesday, February 27, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 some words about a zeal for the common good! Psalm 119:130, 143:

"My zeal consumes me...

Thy righteousness is righteous forever, and Thy law is true.

Trouble and anguish have come upon me, but Thy commandments are my delight.

Thy testimonies are righteous forever;

Give me understanding that I may live!"
Let us pray.

We thank You, Heavenly Father, for a weekend at home with our loved ones and renewal of our strengths, vigor, and mental and spiritual powers.

In this holy moment, we renew our vows to You and our people.

You have given zeal to many. Give it, Lord, to all of us.

The Psalmist said, "MY ZEAL CONSUMES ME... your testimonies are right... GIVE ME UNDERSANDING THAT I MAY LIVE!

We beg for these gifts for our peoples' sake!
Amen.

The PRESIDENT 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

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 1998, and to expire June 1, 2002

Public

James G. Bouknight, 857 Abelia Road, Columbia, S.C. 29205 VICE Yvonne B. Williams

Printed Page 735 . . . . . Tuesday, February 27, 2001

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003

At-Large

Kathy G. Schwarting, 409 North Street, Bamberg, S.C. 29003 VICE Anita C. Curl

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 2600
Agency: Commission on Higher Education
SUBJECT: Need-based Grants Program
Received by Lieutenant Governor February 22, 2001
Referred to Education Committee
Legislative Review Expiration June 22, 2001

Document No. 2601
Agency: Commission on Higher Education
SUBJECT: Palmetto Fellows Scholarship Program
Received by Lieutenant Governor February 22, 2001
Referred to Education Committee
Legislative Review Expiration June 22, 2001

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2360
Agency: Commission on Higher Education
SUBJECT: Legislative Incentives for Future Excellence
(LIFE) Scholarship
Received by Lieutenant Governor January 14, 1999
Referred to Education Committee
Legislative Review Expiration Tolled
120 day Period Tolled
Withdrawn and Resubmitted February 26, 2001

Printed Page 736 . . . . . Tuesday, February 27, 2001

Doctor of the Day

Senator BAUER introduced Dr. William Gerard of Chapin, S.C., Doctor of the Day.

CO-SPONSORS ADDED

S. 230 (Word version) -- Senators Passailaigue, Moore, Drummond and Setzler: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN S. MCCAIN, UNITED STATES SENATOR FROM ARIZONA, TO ADDRESS THE GENERAL ASSEMBLY ON THE ISSUE OF CAMPAIGN FINANCE REFORM IN JOINT SESSION AT A TIME MUTUALLY CONVENIENT FOR BOTH HOUSES.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 230.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 230.

CO-SPONSOR ADDED

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.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 204.

CO-SPONSOR ADDED

S. 47 (Word version) -- Senators Martin, Giese, Reese, Rankin, Leventis and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-130 SO AS TO

Printed Page 737 . . . . . Tuesday, February 27, 2001
PROVIDE THAT ANY STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE REQUIRED BY LAW TO ENFORCE NATIONALLY RECOGNIZED BUILDING CODES SHALL DETERMINE THE EDITION OF THE CODE TO ENFORCE AND TO PROVIDE EXCEPTIONS.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 47.

Privilege of the Floor

On motion of Senator RAVENEL, with unanimous consent, the Privilege of the Floor was extended to Miss Sarah Medley of North Charleston, Miss Teen South Carolina.

Miss Medley was escorted to the rostrum by Senators RAVENEL, BRANTON, PASSAILAIGUE, GROOMS, FORD and MESCHER.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 371 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
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Read the first time and referred to the Committee on Education.

S. 372 (Word version) -- Senators Waldrep and Giese: A BILL TO AMEND SECTION 59-18-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.

Printed Page 738 . . . . . Tuesday, February 27, 2001
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Read the first time and referred to the Committee on Education.

S. 373 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.
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Read the first time and referred to the Committee on Education.

S. 374 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND, IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.
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Read the first time and referred to the Committee on Finance.

S. 375 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUDGET AND CONTROL BOARD PROVIDING INSURANCE FOR THE STATE, ITS AGENCIES AND DEPARTMENTS, AND PERSONNEL EMPLOYED BY THE STATE, SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD BEGINNING ON JANUARY 1, 2002, SHALL INCREASE THE LIFETIME MAXIMUM MAJOR MEDICAL BENEFIT FOR EACH COVERED INSURED UNDER THE STATE HEALTH INSURANCE PLAN FROM ONE MILLION TO TWO MILLION DOLLARS.
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Read the first time and referred to the Committee on Finance.

Printed Page 739 . . . . . Tuesday, February 27, 2001

S. 376 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS FOR TUITION EXPENDITURES PAID TO INSTITUTIONS OF HIGHER LEARNING IN THIS STATE BY STUDENTS WHO DO NOT RECEIVE A LIFE OR PALMETTO FELLOWS SCHOLARSHIP AND WHO MEET DESIGNATED CRITERIA, SO AS TO PROVIDE THAT THE STUDENT AS AN ADDITIONAL QUALIFICATION MAY HAVE ATTENDED AT LEAST THREE OF HIS FINAL FOUR YEARS OF HIGH SCHOOL WITHIN THIS STATE.
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Read the first time and referred to the Committee on Finance.

S. 377 (Word version) -- Senator Glover: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE EMPLOYMENT BY THE SOUTH CAROLINA REINSURANCE FACILITY WITHIN THE DEFINITION OF "PUBLIC SERVICE" FOR PURPOSES OF ESTABLISHING SERVICE CREDIT.
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Read the first time and referred to the Committee on Finance.

S. 378 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT THE SALES TAX ON A MOTOR VEHICLE LEASED BY A SERVICEMAN WHO IS THE RESIDENT OF ANOTHER STATE BUT WHO IS IN THIS STATE BY REASON OF ORDERS, UPON THE SAME TERMS AND CONDITIONS AS THE EXEMPTION APPLIES TO A MOTOR VEHICLE PURCHASED BY THAT SERVICEMAN; AND TO EXEMPT THE SALES TAX ON A MOTOR VEHICLE LEASED BY A POLITICAL SUBDIVISION FOR USE EXCLUSIVELY FOR PUBLIC PURPOSES; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT A MOTOR VEHICLE WHICH IS LEASED BY A POLITICAL SUBDIVISION FOR USE EXCLUSIVELY FOR PUBLIC PURPOSES.
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Printed Page 740 . . . . . Tuesday, February 27, 2001

Senator LEVENTIS spoke on the Bill.

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

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET" AND "STRETCH"; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, TO PROVIDE FOR THE USE OF SKIM-BOW NETS SO AS TO PROVIDE THAT SKIM-BOW NETS MUST BE USED FROM HIGH LAND OR STRUCTURES AFFIXED TO HIGH LAND WITHOUT POWER ASSISTED DEVICES; TO AMEND SECTION 50-5-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS NOT ILLEGAL PER SE, MAY BE DONATED TO A NON-PROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT OF NATURAL RESOURCES, THAT PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED, MUST BE SOLD, AND TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE; TO AMEND SECTION 50-5-70, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVISES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH

Printed Page 741 . . . . . Tuesday, February 27, 2001
OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST ALSO OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-335, CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS
Printed Page 742 . . . . . Tuesday, February 27, 2001
AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT, WHEN SET, NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE
Printed Page 743 . . . . . Tuesday, February 27, 2001
THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO COMBINE AND EXPAND THE PROVISIONS FOR PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-1505, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED REGULATIONS; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS AS TO SHAD AND HERRING, SO AS TO PROVIDE FOR THE USE OF SKIM-BOW NETS WITHIN THE SPECIAL PROVISIONS RELATING TO SHAD AND HERRING; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE A DUPLICATE PROVISION; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO CONFORM
Printed Page 744 . . . . . Tuesday, February 27, 2001
LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO CHANGE A REFERENCE TO THE APPEAL AUTHORITY FROM ARTICLE 3, CHAPTER 23, TITLE 1 OF THE CODE TO ARTICLE 5, CHAPTER 23, TITLE 1 OF THE CODE; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE PASSENGERS AMONG THOSE WHO MAY BE GUILTY OF VIOLATING THE SECTION, AND TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 380 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION, SO AS TO DELETE A PROVISION WHICH REQUIRES THAT ONLY EVIDENCE OF

Printed Page 745 . . . . . Tuesday, February 27, 2001
VIOLATIONS OF CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS ARE ADMISSIBLE IN A COURT OF LAW AS A RESULT OF A WARRANTLESS SEARCH AND TO PROVIDE THAT EVIDENCE OF ANOTHER CRIME FOUND DURING A SEARCH INCIDENT TO A LAWFUL ARREST UNDER CERTAIN CIRCUMSTANCES MAY BE SEIZED BY A LAW ENFORCEMENT OFFICER WHO MAY ARREST AND FILE CRIMINAL CHARGES AGAINST A PERSON IMPLICATED BY THE EVIDENCE.
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Read the first time and referred to the Committee on Judiciary.

S. 381 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 42, SO AS TO PROVIDE FOR THE LICENSURE OF LOCKSMITH AGENCIES, TO REQUIRE EMPLOYEE REGISTRATION, TO REQUIRE SIGNED WORK ORDER FORMS WHEN OPENING RESIDENCES, COMMERCIAL ESTABLISHMENTS, AND MOTOR VEHICLES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 382 (Word version) -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT THE EFFECTIVE DATE IS JULY 1, 2003, FOR AMENDMENTS ADOPTED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL ON MAY 24, 2000, TO THE INTERNATIONAL BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, FUEL GAS, AND FIRE CODES, AND THE AMENDMENTS ADOPTED BY THE COUNCIL ON JANUARY 26, 2001, PERTAINING TO THE INTERNATIONAL AND RESIDENTIAL BUILDING CODES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 383 (Word version) -- Senators J. Verne Smith, Leatherman, Giese, Martin, Richardson, Alexander, McGill, Peeler and Ryberg: A JOINT RESOLUTION TO PROVIDE THAT THE AMENDMENTS

Printed Page 746 . . . . . Tuesday, February 27, 2001
ADOPTED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL ON MAY 24, 2000, TO THE INTERNATIONAL BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, FUEL GAS, AND FIRE CODES, AND THE AMENDMENTS ADOPTED BY THE COUNCIL ON JANUARY 26, 2001, PERTAINING TO THE INTERNATIONAL AND RESIDENTIAL BUILDING CODES SHALL TAKE EFFECT JULY 1, 2003.
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Senator LEATHERMAN spoke on the Resolution.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
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Read the first time and, on motion of Senator VERDIN, with unanimous consent, ordered placed on the Calendar without reference.

S. 385 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF RICHARD B. SCONYERS OF HEPHZIBAH, GEORGIA, AND TO EXTEND THEIR HEARTFELT SYMPATHY TO HIS FAMILY AND MANY, MANY FRIENDS.
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The Senate Resolution was adopted.

S. 386 (Word version) -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE CONRAD HARTZOG OF NORTH AUGUSTA UPON BEING NAMED THE CITIZEN OF THE YEAR BY THE NORTH AUGUSTA CHAMBER OF COMMERCE.
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The Senate Resolution was adopted.

Printed Page 747 . . . . . Tuesday, February 27, 2001

S. 387 (Word version) -- Senators Branton, McConnell, Hayes, Mescher, J. Verne Smith, Peeler, Ravenel, Grooms, Wilson, Alexander, Giese, Richardson, Ryberg, Ford, Passailaigue, O'Dell, Gregory, Fair, Leatherman, Bauer, Leventis, Thomas, Verdin, Ritchie and Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO APPROPRIATE AND FUND THE 5.7 BILLION DOLLARS PLEDGED BY PRESIDENT GEORGE W. BUSH TO INCREASE THE PAY AND IMPROVE THE QUALITY OF LIFE OF THE BRAVE MEN AND WOMEN WHO VOLUNTEER AND SERVE IN THE ARMED FORCES OF THE UNITED STATES, TOGETHER WITH ALL SUMS NECESSARY TO MODERNIZE, INSURE MAXIMUM READINESS, AND ENABLE THE ARMED FORCES OF THE UNITED STATES TO MEET THE MODERN WARFARE AND TERRORIST CHALLENGES OF THE TWENTY-FIRST CENTURY.
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On motion of Senator BRANTON, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3057 (Word version) -- Reps. McGee, Altman, Owens and Knotts: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.

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

H. 3224 (Word version) -- Reps. Altman and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.

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

Printed Page 748 . . . . . Tuesday, February 27, 2001

H. 3259 (Word version) -- Reps. W.D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe, Miller and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3620 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE CONGRATULATIONS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO RANDOLPH D. SMOAK, JR., M.D., A SURGEON OF ORANGEBURG, SOUTH CAROLINA, ON BEING ELECTED THE ONE HUNDRED FIFTY-FIFTH PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION AND OFFERING A SPECIAL THANK YOU FOR HIS UNBOUNDED COMMITMENT AND ENCOURAGEMENT ON GOOD HEALTH AND PREVENTIVE CARE.

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

HOUSE CONCURRENCE

S. 286 (Word version) -- Senators Pinckney, McConnell, Ravenel, Branton, Mescher, Grooms and Richardson: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONSIDERATIONS INVOLVED FROM AN

Printed Page 749 . . . . . Tuesday, February 27, 2001
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.

Returned with concurrence.

Received as information.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Address by the National Commander of the American Legion

At 12:30 P.M., 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 the following Concurrent Resolution adopted by both Houses:

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 Honorable Ray G. Smith, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, COURSON, WILSON, HAYES and ANDERSON and Representatives Vaughn, Barfield, Hosey, McCraw and Klauber.

The PRESIDENT of the Senate introduced the Honorable Ray G. Smith, National Commander of the American Legion.

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Commander Smith addressed the Joint Assembly.

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.

MOTION ADOPTED

On motion of Senator BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lt. Col. Griffith "Grif" Orme, U.S. Air Force (Ret.) of Mount Pleasant, S.C., formerly of Summerville. He was an Air Force veteran of WWII and the Korean Conflict, an active civic leader and public servant.

ADJOURNMENT

At 1:07 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B for the exclusive purpose of the introduction and referral of Bills, receipt of communications and committee reports and the reading and passage of local matters and uncontested matters which have previously received unanimous consent to be taken up.

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