South Carolina Senate Journal March 27, 2002 - South Carolina Legislature Online

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

Printed Page 1255 . . . . . Wednesday, March 27, 2002

Wednesday, March 27, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 2:00 P.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, hear St. John, exiled on the Isle of Patmos, in crisis times. Chapter 21:1:

"Then I saw a new heaven and a new earth;

for the first heaven and the first earth had passed away,

and the sea was no more."
Let us pray.

Our Father, our country has been thrust into a war, the end of which no member of the human race can see.

Give us the vision of St. John that by the grace of God all things will become "new," and the separating sea becomes a metaphor for an exiled man signifying home, family, loved ones.

Lift up our hearts with such a vision!
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, South Carolina Commission on Consumer Affairs, with term to commence September 30, 1999, and to expire September 30, 2003

At-Large

Willis T. Goodwin, 2517 Corona Street, North Charleston, S.C. 29405 VICE William Chester Cross

Referred to the Committee on Banking and Insurance.

Printed Page 1256 . . . . . Wednesday, March 27, 2002

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 2002, and to expire September 30, 2006

At-Large

Wayne Keith Sims, 8604 Farrow Road, Columbia, S.C. 29203 VICE Virginia A. McGee

Referred to the Committee on Banking and Insurance.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

At-Large

Danny Lee Ford, 833 Bishop Branch Road, Central, S.C. 29630

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

5th Congressional District

Douglas Aaron Rucker, DDS, P. O. Box 906, Lancaster, S.C. 29721

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

5th Congressional District

Laura Fleming, Founders Federal Credit Union, 607 North Main Street, Lancaster, S.C. 29720

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005

1st Congressional District

Harold M. Rhodes III, 1422 Bells Highway, Charleston, S.C. 29488

Referred to the Committee on Judiciary.

Printed Page 1257 . . . . . Wednesday, March 27, 2002

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006

3rd Congressional District

Nancy Jo Thomason, 303 East Greenville Street, Anderson, S.C. 29621

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006

Area 2

Elizabeth McLees Ross, P.O. Box 910, Laurens, S.C. 29360 VICE Norma A. Curtis

Referred to the Committee on Medical Affairs.

Local Appointments

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

William J. Park, 208 Overbrook Road, Greenwood, S.C. 29649 VICE Robert M. Haynie

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Grace B. Bennett, P. O. Box 514, Varnville, S.C. 29944

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Algernon G. Solomons, Jr., P. O. Box 969, Estill, S.C. 29918

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Carolyn A. Williams, 257 Isiah Henry Loop, Brunson, S.C. 29911

Reappointment, Lee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Robert W. Hancock, 2071 Rembert Church Road, Dalzell, S.C. 29040

Printed Page 1258 . . . . . Wednesday, March 27, 2002

Reappointment, Lee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Carolyn H. Jackson, 4499 Jamestown Rd., Camden, S.C. 29020

Reappointment, Lee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Joseph S. Scarborough, P. O. Box 127, Lynchburg, S.C. 29080

Reappointment, Lee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Davis A. White, 385 White Road, Bishopville, S.C. 29010

Reappointment, Lee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Alston W. Woodham, 10 Galloway Store Road, Bishopville, S.C. 29010

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Thomas B. Abraham, 465 Buzhardt Road, Pomaria, S.C. 29126 VICE Hammie J. Smith

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Richard Lail, 1723 Broad River Rd., Pomaria, S.C. 29126 VICE Mark E. English/Hart

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Rebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Elizabeth Cromer Epps, 2119 Dalloz Road, Columbia, S.C. 29204

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Deanne C. Jolly, 7421 Parkview Dr., Columbia, S.C. 29223

Printed Page 1259 . . . . . Wednesday, March 27, 2002

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Initial Appointment, Sumter County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Warren Curtis, 926 South Wise Dr., Sumter, S.C. 29150 VICE William Sanders

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Leroy Burgess, Sr., 1489 I. M. Graham Rd., Kingstree, S.C. 29556

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. James E. Doster, Jr., P. O. Box 416, Hemingway, S.C. 29554

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. William Clayton Driggers, P. O. Box 163, Salters, S.C. 29590

Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Martin Ira Easler, 196 Richburg Road, Greeleyville, S.C. 29056 VICE Samuel L. Floyd

Initial Appointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Delores Franklin Williams, 4804 Nesmith Rd., Nesmith, S.C. 29580 VICE Charles D. Morris

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

March 25, 2002
Mr. President and Members of the Senate:

Printed Page 1260 . . . . . Wednesday, March 27, 2002

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Jim Hodges

Withdrawal of Statewide Appointment

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

6th Congressional District

Ronald Benjamin, 1726-B Lakota Drive, Florence, S.C. 29505

Appointment Withdrawn

On motion of Senator MESCHER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

REGULATION WITHDRAWN

The following was received:
Document No. 2611
Promulgated by Department of Public Safety
Article 7 Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Lt. Governor June 6, 2001
Referred to Senate Judiciary Committee
Permanently Withdrawn March 26, 2002

Doctor of the Day

Senator MOORE introduced Dr. Benjamin E. Nicholson of Edgefield, S.C., Doctor of the Day.

Leave of Absence

At 2:40 P.M., Senator THOMAS requested a leave of absence from 2:45 - 6:00 P.M. today.

Leave of Absence

At 2:50 P.M., Senator SETZLER requested a leave of absence from 4:30 - 5:30 P.M. today.

Printed Page 1261 . . . . . Wednesday, March 27, 2002

Leave of Absence

At 2:50 P.M., Senator LEVENTIS requested a leave of absence from 4:30 - 10:30 P.M. on Thursday, April 11, 2002.

Expression of Personal Interest

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1162 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 59-112-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF A CHANGE OF RESIDENCY FOR PURPOSES OF DEPENDENTS QUALIFYING FOR IN-STATE TUITION RATES, SO AS TO REVISE THE TIME WHEN A DEPENDENT MUST RESIDE WITH HIS FAMILY IN SOUTH CAROLINA FOR A SPECIFIED PERIOD BEFORE HIS ENROLLMENT IN ORDER TO QUALIFY FOR IN-STATE TUITION RATES.
l:\council\bills\nbd\11480sd02.doc

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

S. 1163 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
l:\council\bills\swb\5253djc02.doc

Printed Page 1262 . . . . . Wednesday, March 27, 2002

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1164 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 16, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SO AS TO TRANSFER THE OMBUDSMAN AND HIS OFFICE TO THE OFFICE OF THE ATTORNEY GENERAL EFFECTIVE JULY 1, 2002; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS, SO AS TO CHANGE A REFERENCE TO THE OMBUDSMAN'S OFFICE TRANSFERRED ABOVE.
l:\council\bills\gjk\21198sd02.doc

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

S. 1165 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 23-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORMS AND EQUIPMENT ISSUED BY A POLITICAL ENTITY TO A RESERVE POLICE OFFICER, SO AS TO PROVIDE THAT A RESERVE POLICE OFFICER'S UNIFORM, CLOTHING, AND IDENTIFICATION MUST BE IDENTICAL TO THOSE ISSUED TO A FULL-TIME LAW ENFORCEMENT OFFICER WHO HAS SIMILAR DUTIES.
l:\council\bills\ggs\22442cm02.doc

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

S. 1166 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-13-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROVISIONS CONCERNING COSMETOLOGY AND COSMETOLOGISTS, SO AS TO EXEMPT PERSONS AUTHORIZED TO PRACTICE MEDICINE OR OTHER HEALTH-RELATED PROFESSIONS FROM THE REQUIREMENTS FOR COSMETOLOGY AND COSMETOLOGISTS.
l:\s-jud\bills\mcconnell\jud0087.gfm.doc

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

S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 1263 . . . . . Wednesday, March 27, 2002

1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.
l:\council\bills\ggs\22441cm02.doc

Senator PINCKNEY spoke on the Bill.

Read the first time and, on motion of Senator PINCKNEY, with unanimous consent, ordered placed on the Calendar without reference.

S. 1168 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO NINE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF LAND ACQUISITION AND CONSTRUCTION COSTS FOR OFFICE EXPANSION AS DETERMINED BY THE DEMAND FOR SERVICES AND BY THE APPLICABLE FEDERAL REGULATIONS AND GUIDELINES.
l:\council\bills\bbm\10972htc02.doc

Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.

S. 1169 (Word version) -- Senator Short: A SENATE RESOLUTION TO HONOR AND CONGRATULATE THE RECIPIENTS OF THE 2002 PALMETTO FELLOWS SCHOLARSHIP FOR THEIR OUTSTANDING ACADEMIC ACHIEVEMENTS IN HIGH SCHOOL AND THE PROMISE THEY SHOW FOR STUDIES IN HIGHER EDUCATION.
l:\s-res\lhs\001palm.grp.doc

The Senate Resolution was adopted.

H. 4963 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY FOR THE NEED TO ELIMINATE THE HEALTH DISPARITIES AMONG THE CITIZENS OF SOUTH CAROLINA AND FOR THE STATE OF SOUTH CAROLINA TO SUPPORT STUDIES, POLICIES, AND PRACTICES DEDICATED TO THE ELIMINATION OF THESE HEALTH DISPARITIES AND TO THE REDUCTION OF BARRIERS TO ADEQUATE HEALTH CARE.

Printed Page 1264 . . . . . Wednesday, March 27, 2002

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 4965 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION CONGRATULATING THE GEORGETOWN MIDDLE SCHOOL CHEERLEADING SQUAD ON WINNING THE ECA NATIONAL CHEERLEADING CHAMPIONSHIP IN WILLIAMSBURG, VIRGINIA.

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

H. 4975 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE KEITH MCALISTER, PRINCIPAL OF LEWISVILLE HIGH SCHOOL IN CHESTER COUNTY, FOR HIS BEING NAMED 1A PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION, AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

H. 4978 (Word version) -- Rep. J.H. Neal: A CONCURRENT RESOLUTION TO COMMEND PROFESSOR JOHN EVANS ATTA MILLS FOR HIS SIGNIFICANT AND COPIOUS CONTRIBUTIONS TO THE REPUBLIC OF GHANA AND TO THE WORLD.

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

REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 977 (Word version) -- Senators Giese, J. Verne Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON

Printed Page 1265 . . . . . Wednesday, March 27, 2002

NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A

Printed Page 1266 . . . . . Wednesday, March 27, 2002

MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology polled out H. 4950 favorable:

H. 4950 (Word version) -- Reps. Miller, 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, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MARCH 25-30, 2002, AS "SOUTH CAROLINA MARINE AND WILDERNESS INSTITUTE WEEK" AND TO URGE COMMUNITY SUPPORT AND PARTICIPATION IN THE REDUCTION AND PREVENTION OF JUVENILE CRIME.

Poll of the Corrections and Penology Committee
Polled 17; Ayes 10; Nays 0; Not Voting 7

AYES

Fair                      Giese                     Patterson
Ford                      Glover                    Anderson
Martin                    Short                     Hawkins
Pinckney

TOTAL--10

Printed Page 1267 . . . . . Wednesday, March 27, 2002

NAYS

TOTAL--0

NOT VOTING

Thomas                    Gregory                   Ryberg
Holland                   Saleeby                   Branton
Bauer

TOTAL--7

H. 4950--Adopted

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

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Concurrent Resolution.

Printed Page 1268 . . . . . Wednesday, March 27, 2002

Senator FAIR asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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

Message from the House

Columbia, S.C., March 26, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Law, Wilder and Delleney to the Committee of Free Conference on the part of the House on:
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 26, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE

Printed Page 1269 . . . . . Wednesday, March 27, 2002

MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
asks for a Committee of Conference, and has appointed Reps. Campsen, Jennings and Vaughn to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3163--CONFERENCE COMMITTEE APPOINTED

Printed Page 1270 . . . . . Wednesday, March 27, 2002

EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

Whereupon, Senators O'DELL, ALEXANDER and COURSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., March 26, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO APPROPRIATE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ACCORDANCE WITH THE PROVISIONS OF ACT 59 OF 2001; TO APPROPRIATE FISCAL YEAR 2002-2003 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF THE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE FISCAL YEAR 2001-2002 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF THE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS; TO APPROPRIATE UNCLAIMED PRIZE MONEY; AND TO REGULATE THE EXPENDITURE OF SUCH FUNDS.
asks for a Committee of Conference, and has appointed Reps. Harrell, Kelley and Scott to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Printed Page 1271 . . . . . Wednesday, March 27, 2002

H. 3307--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators MOORE, LEATHERMAN and McCONNELL were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1152 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR. OF SUMTER COUNTY UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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:

Printed Page 1272 . . . . . Wednesday, March 27, 2002

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator SETZLER, with unanimous consent

THIRD READING BILL

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

S. 1145 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon and Knotts, Clyburn and Rice: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF

Printed Page 1273 . . . . . Wednesday, March 27, 2002

SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

S. 1154 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.

By prior motion of Senator COURSON, with unanimous consent

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

The Medical Affairs Committee proposed the following amendment (NBD\11403AC02), which was adopted:

Printed Page 1274 . . . . . Wednesday, March 27, 2002

Amend the bill, as and if amended, Section 40-33-1550, page 2, line 22 after /institution/ by inserting /employing registered nurse first assistants/

Amend the bill, further, Section 40-33-1550, page 2, line 25 by deleting /privileges/ and inserting /scope of practice/.

Renumber sections to conform.

Amend title to conform.

Senator PEELER 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.

ADOPTED

H. 4529 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.

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

ADOPTED

H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

Printed Page 1275 . . . . . Wednesday, March 27, 2002

CARRIED OVER

S. 753 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED "STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT", SO AS TO REVISE THE ARTICLE NAME; TO AMEND SEVERAL OTHER SECTIONS IN CHAPTER 7 OF TITLE 44 TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

S. 753--Co-Sponsor Added

On motion of Senator FAIR, with unanimous consent, the name of Senator SHORT was added as a co-sponsor of S. 753.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

Motion to Ratify Adopted

At 2:50 P.M., Senator SETZLER 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 12:30 P.M. on Tuesday, April 2, 2002.

There was no objection and a message was sent to the House accordingly.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO

Printed Page 1276 . . . . . Wednesday, March 27, 2002

ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

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

Senator O'DELL explained the Bill.

Senator PATTERSON argued contra to the second reading of the Bill.

Objection

With Senator PATTERSON retaining the floor, Senator RAVENEL asked unanimous consent to make a motion that the Senate stand adjourned.

Senator MARTIN objected.

Senator PATTERSON argued contra to the second reading of the Bill.

Printed Page 1277 . . . . . Wednesday, March 27, 2002

RECESS

At 4:00 P.M., with Senator PATTERSON retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 4:19 P.M., the Senate resumed.

Senator PATTERSON argued contra to the second reading of the Bill.

With Senator PATTERSON retaining the floor, on motion of Senator MARTIN, with unanimous consent, Amendment No. 6 was taken up for immediate consideration.

Amendment No. 6

Senators HUTTO and MARTIN proposed the following Amendment No. 6 (HUTTO4-3142):

Amend the bill, as and if amended, page 3, by deleting lines 18 through 27 and inserting the following:

/"Section 41-7-40. Nothing in this chapter ~~shall preclude any~~ precludes an employer from deducting from the wages of the employees and paying over to ~~any~~ a labor organization, or its authorized representative, membership dues in a labor organization; ~~provided, that~~ however, the employer ~~has~~ must have received from each employee, on whose account ~~such~~ the deductions are made, a written assignment which ~~shall~~ must not be irrevocable for a period of more than one year, or ~~beyond~~ until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union." /

Amend the bill further, as and if amended, pages 3 and 4 by deleting SECTION 5 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Objection

Senator MARTIN asked unanimous consent to make a motion that Amendment No. 6 be adopted, any remaining amendments be

Printed Page 1278 . . . . . Wednesday, March 27, 2002

withdrawn, and the Bill be given a second reading, with notice of general amendments.

Senator RAVENEL objected.

Senator MARTIN continued explaining the amendment.

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

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

William J. Park, 208 Overbrook Road, Greenwood, S.C. 29649 VICE Robert M. Haynie

Having received a favorable report from the Hampton County Delegation, the following appointments were confirmed in open session:

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Grace B. Bennett, P. O. Box 514, Varnville, S.C. 29944

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Algernon G. Solomons, Jr., P. O. Box 969, Estill, S.C. 29918

Reappointment, Hampton County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Carolyn A. Williams, 257 Isiah Henry Loop, Brunson, S.C. 29911

Having received a favorable report from the Lee County Delegation, the following appointments were confirmed in open session:

Printed Page 1279 . . . . . Wednesday, March 27, 2002