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 words recorded in the Book of Ezekiel, Chapter 39:17:
"As for you, mortal, thus says the Lord God: 'Assemble and come, gather from all around to the sacrificial feast that I am preparing for you, a great sacrificial feast on the mountain of Israel'."
Let us pray.
Our Father, we join with the families of Your servants, David McCollum, David Bryson, Dana Lyle Tate and Dyke "A. J." Coursen, and the six other Marines killed in the plane crash in far-from-home Pakistan who recently made the supreme sacrifices of their lives in the service of our country, at home and abroad in law enforcement and righteousness!
While we mourn for those who died, we celebrate and salute our civil law enforcement officers and our Armed Forces and especially the spirit of the Marine Corps who say, "Give us the toughest assignment."
Heavenly Father, give us in these difficult times of danger around the world not only the will to mourn, but help us... all... wherever we are, to find our slot in the mighty force that is being joined in the worldwide battle against the organized forces of evil; and when death comes, be sure to hear the Voice from above, "I am the Resurrection and the Life!"
Amen.
The respective co-sponsors were added to the following Bills:
S. 843 (Word version) -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT RECORDS MUST BE MADE PUBLIC ONCE A BUSINESS OR INDUSTRY HAS MADE A DECISION RELATIVE TO INVESTING WITHIN SOUTH CAROLINA.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 843.
S. 844 (Word version) -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT REQUESTS MUST BE ANSWERED WITHIN THREE DAYS OF RECEIPT RATHER THAN FIFTEEN DAYS, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF ANY CLAIM OF EXEMPTION FROM DISCLOSURE, AND TO PROVIDE FOR FURTHER CONDITIONS, REQUIREMENTS, PROCEDURES, AND REMEDIES IN REGARD TO PROVIDING COPIES OF THESE RECORDS.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 844.
S. 845 (Word version) -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION, INCLUDING COMMUNICATIONS THROUGH THE INTERNET, MAY BE USED TO DISCUSS, AS WELL AS ACT UPON, A MATTER OVER WHICH THE PUBLIC BODY HAS JURISDICTION.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 845.
S. 846 (Word version) -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 846.
S. 847 (Word version) -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT ALL MEETINGS OF PUBLIC BODIES CLOSED TO THE PUBLIC MUST BE RECORDED ON CONTINUOUS AUDIO OR VIDEO TAPE AND THE TAPES MAINTAINED FOR A PERIOD OF TWO YEARS FOLLOWING THE MEETING, AND TO PROVIDE THAT THE TAPES MAY BE SUBJECTED TO IN CAMERA JUDICIAL REVIEW IN A SUIT BROUGHT PURSUANT TO THE FREEDOM OF INFORMATION ACT.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 847.
S. 854 (Word version) -- Senators Thomas and Verdin: A JOINT RESOLUTION TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTY-FIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
On motion of Senator VERDIN, with unanimous consent, the name of Senator VERDIN was added as a co-sponsor of S. 854.
S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 856.
S. 865 (Word version) -- Senators J. Verne Smith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN'S CORRECTIONAL INSTITUTION THE "CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of S. 865.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 2666
Agency: Department of Archives and History
SUBJECT: General Retention Schedule for State Administrative Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2667
Agency: Department of Archives
SUBJECT: General Retention Schedule for State Financial Records
Received by Lieutenant Governor January 11, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 10, 2002
Document No. 2668
Agency: Department of Archives and History
SUBJECT: General Retention Schedule for State Personnel Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2669
Agency: Department of Archives and History
SUBJECT: General Retention Schedules for County Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2679
Agency: Board of Education
SUBJECT: Summer Programs
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2681
Agency: Board of Education
SUBJECT: Policies and Procedures and Unit Standards for Teacher Education Program Approval in South Carolina
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2001
Document No. 2682
Agency: Board of Education
SUBJECT: Requirements for Initial Certification at the Advanced Level
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2684
Agency: Board of Education
SUBJECT: Renewal of Credentials
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2694
Agency: Education Lottery Commission
SUBJECT: South Carolina Education Lottery
Received by Lieutenant Governor January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002
Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
The following were introduced:
S. 867 (Word version) -- Senators Verdin, Grooms and Fair: A JOINT RESOLUTION TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTY-FIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITTING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
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Read the first time and referred to the Committee on Judiciary.
S. 868 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Finance.
S. 869 (Word version) -- Senator Hayes and Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
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Read the first time and referred to the Committee on Finance.
S. 870 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT'S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.
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Read the first time and referred to the Committee on Finance.
S. 871 (Word version) -- Senators Verdin, Fair, Hawkins, Thomas and Peeler: A JOINT RESOLUTION TO APPROPRIATE ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JANUARY 1, 2002, THROUGH JUNE 30, 2002, TO THE STATE DEPARTMENT OF EDUCATION TO PURCHASE NEW SCHOOL BUSES AND TO APPROPRIATE FOR THIS SAME PURPOSE SEVENTY-FIVE PERCENT OF ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JULY 1, 2002, THROUGH DECEMBER 31, 2002, WHICH ARE DERIVED FROM UNCLAIMED LOTTERY PRIZE MONEY.
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Read the first time and referred to the Committee on Finance.
S. 872 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
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Read the first time and referred to the Committee on Finance.
S. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.
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Read the first time and referred to the Committee on Judiciary.
S. 874 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING CHILD WELFARE SERVICES, SO AS TO DEFINE THE TERM "REPORT"; TO AMEND SECTION 20-7-510, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT; AND TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS.
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Read the first time and referred to the Committee on Judiciary.
S. 875 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 31-12-30, 31-12-40, 31-12-50, AND 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT AUTHORITIES, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP COMPOSITION OF REDEVELOPMENT AUTHORITIES CONTROLLING PROPERTY LOCATED WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY ARE NOT STATE AGENCIES AND ARE EXEMPTED FROM PROVISIONS OF STATE LAW GOVERNING THE TRANSACTIONS OF STATE AGENCIES; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES CREATED PURSUANT TO THE PROVISIONS OF THIS SECTION MUST DEFEND AND INDEMNIFY THE STATE AGAINST ALL LIABILITY RELATING TO TRANSACTIONS INVOLVING REAL OR PERSONAL FEDERAL PROPERTY TO THE EXTENT OF THE VALUE OF THE PROPERTY; TO PROVIDE THAT ASSETS, LIABILITIES, INCOME, AND REVENUE DESIGNATED FOR THE REDEVELOPMENT AUTHORITY SHALL REMAIN WITH THE REDEVELOPMENT AUTHORITY AND THAT THE REDEVELOPMENT AUTHORITY SHALL DEFEND AND INDEMNIFY THE MUNICIPALITY AGAINST ALL LIABILITY RELATING TO TRANSACTIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT OR OF AN AUTHORITY CREATED PURSUANT TO THIS ACT; TO PROVIDE FOR THE FILLING OF VACANCIES ON REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO AMEND SECTIONS 31-12-210, 31-12-270, 31-12-290, AND 31-12-300 RELATING TO TAX INCREMENT FINANCING AND THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF PROPERTIES WITHIN A REDEVELOPMENT PROJECT AREA SO AS TO CLARIFY AND CONFORM THESE PROVISIONS TO SECTION 31-12-40; TO AMEND SECTION 61-4-510, RELATING TO DISTRIBUTION OF SPECIAL RETAIL BEER AND WINE PERMIT FEES TO A REDEVELOPMENT AUTHORITY, SO AS TO SPECIFY HOW THE FEES MUST BE DISTRIBUTED WHEN AN AUTHORITY IS ESTABLISHED OR DISSOLVED; AND TO PROVIDE TRANSITION PROVISIONS FOR THE ESTABLISHMENT OF A NEW REDEVELOPMENT AUTHORITY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 876 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 4, WHOSE TERM EXPIRES JULY 31, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
S. 877 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LAND, S. 877 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 878 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE BRAVE MEN AND WOMEN OF THE ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD AND TO HONOR THEIR SELFLESS SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION BY DECLARING SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 879 (Word version) -- Senator Bauer: A SENATE RESOLUTION EXTENDING CONGRATULATIONS TO MR. AND MRS. HAROLD J. "PETE" PRICE OF LEXINGTON COUNTY ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND EXPRESSING BEST WISHES TO THE PRICES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
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The Senate Resolution was adopted.
S. 880 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE SOUTH CAROLINA BROADCASTERS ASSOCIATION AND THE SOUTH CAROLINA PRESS ASSOCIATION FOR DONATING THEIR ADVERTISING TIME DURING "TRAVEL AND TOURISM MONTH" - NOVEMBER 2001.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 4471 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT 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.
Read the first time and, on motion of Senator MOORE, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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:
H. 4304 (Word version) -- Reps. Talley, Allison and Lourie: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".
S. 322 (Word version) -- Senator Mescher: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 322.
S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FAIR proposed the following amendment (597R002.MLF):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 56-3-8000(A) of the 1976 Code, as last amended by Act 286 of 2000, is further amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3) or, 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."/
Amend the bill further, as and if amended, by striking the title and inserting therein the following:
/ TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
On motion of Senator FAIR, with unanimous consent, the Bill was carried over, not to be taken up for consideration before Tuesday, January 22, 2002.
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3141 (Word version) -- Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.
Senator MARTIN moved that the Bill be made a Special Order.
Senator FORD objected.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Drummond Fair Giese Gregory Grooms Hawkins Holland Hutto Kuhn Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep
Anderson Pinckney Saleeby
The Bill was made a Special Order.
S. 550 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".
Senator McCONNELL asked unanimous consent to make a motion that the Bill be recalled from the Agriculture and Natural Resources Committee.
There was no objection and the Bill was recalled from the Committee on Agriculture and Natural Resources.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL asked unanimous consent to make a motion that the Bill be recommitted to the Committee on Agriculture and Natural Resources, retaining its place on the contested Statewide Second Reading Calendar.
There was no objection and the Bill was recommitted to the Committee on Agriculture and Natural Resources, retaining its place on the contested Statewide Second Reading Calendar.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Cpl. Dyke "A. J." Coursen of Beaufort, S.C., civil law enforcement officer, who lost his life in the performance of his duties.
At 12:36 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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