Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word that I think has a good ring to it from Ecclesiastes, Chapter 8:5-6:
"The mind of a wise man will know the time and the way. For every
matter has its time and way..."
Let us pray.
Father, we have noted in the great movements of history the power of an idea "whose time had come"!
We need a silo, a reservoir, of ideas whose time has come. We need pregnant thoughts and potentially edifying plans for our present age. Give us a sense of timing for their projection and promotion.
If others are confused or hesitant, help us to think clearly that we may be able to sift the wheat from the chaff, the substance from the shadow, and the essential from the trifling.
Help us so to labor and invest our time and energies that when the day's work is done, we can say, "By the grace of God it has been a good day."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator PATTERSON introduced Dr. Brenna Delaine of Columbia, S.C., Doctor of the Day.
S. 860 (Word version) XE "S. 860" \b -- Senators Hawkins, Alexander, Branton, Courson, Fair, Giese, Gregory, Grooms, Hayes, Leatherman, Martin, McGill, Mescher, O'Dell, Ravenel, Richardson, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
On motion of Senator HAWKINS, with unanimous consent, the names of Senators KUHN and REESE were added as co-sponsors of S. 860.
S. 906 (Word version) -- Senators Richardson, Kuhn, Ravenel, Mescher, Leventis, Pinckney and Grooms: A JOINT RESOLUTION DIRECTING THE SOUTH CAROLINA STATE PORTS AUTHORITY TO SELL ITS DANIEL ISLAND PROPERTY, TO ALLOW PERSONS WHOSE PROPERTY WAS ACQUIRED BY THE AUTHORITY FOR THE DANIEL ISLAND RAILWAY AND ROADWAY RIGHTS-OF-WAY FIRST REFUSAL TO REPURCHASE AT THE AUTHORITY'S PURCHASE PRICE, TO PROVIDE THAT THE REVENUE OF THESE SALES MUST BE USED FOR STATE PORT CONSTRUCTION WITH GENERAL ASSEMBLY APPROVAL REQUIRED FOR NEW PORT TERMINALS AND FOR A CONTRIBUTION TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, AND TO PROVIDE THE PAYMENT AMOUNT AND METHOD.
On motion of Senator McCONNELL, with unanimous consent, the name of Senator McCONNELL was added as a co-sponsor of S. 906.
The following were introduced:
S. 930 (Word version) XE "S. 930" \b -- Senators Ryberg, Bauer, Branton, Fair, Hawkins, Hayes, Leatherman, Martin, McConnell, Peeler, Ritchie, Thomas, Verdin and Waldrep: A BILL TO AMEND CHAPTER 20, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, SO AS TO RENAME CHAPTER 20, TITLE 23, "LAW ENFORCEMENT COOPERATION, ASSISTANCE, AND MUTUAL SUPPORT"; TO DESIGNATE SECTIONS 23-20-10 THROUGH 23-20-60 AS ARTICLE 1 OF CHAPTER 20, TITLE 23, ENTITLED THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" AND AMEND SECTIONS 23-20-10 THROUGH 23-20-60 TO CONFORM BY STRIKING "CHAPTER" AND INSERTING "ARTICLE" AS APPROPRIATE; AND TO FURTHER AMEND CHAPTER 20, TITLE 23, BY ADDING ARTICLE 3 SO AS TO ENACT THE "ILLEGAL ALIEN ENFORCEMENT ACT" AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.
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Read the first time and referred to the Committee on Judiciary.
S. 931 (Word version) XE "S. 931" \b -- Senator Reese: A BILL TO AMEND SECTION 48-52-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE STATE ENERGY OFFICE, SO AS TO REMOVE IT FROM THE ADMINISTRATION OF THE STATE BUDGET AND CONTROL BOARD AND RELOCATE IT WITHIN THE ADMINISTRATION OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; TO AMEND SECTION 48-52-440, RELATING TO THE ENERGY ADVISORY COMMITTEE, SO AS TO DESIGNATE THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT AS APPOINTING AUTHORITY; AND TO REPEAL SECTION 48-52-460 RELATING TO THE EFFECT OF GOVERNMENT RESTRUCTURING ON PLACEMENT OF THE STATE ENERGY OFFICE.
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Read the first time and referred to the Committee on Judiciary.
S. 932 (Word version) XE "S. 932" \b -- Senators Drummond and McConnell: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001.
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Read the first time and referred to the Committee on Judiciary.
S. 933 (Word version) XE "S. 933" \b -- Senators Ravenel, McConnell, Kuhn, Grooms and Ford: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 934 (Word version) XE "S. 934" \b -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
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Read the first time and referred to the Committee on Judiciary.
S. 935 (Word version) XE "S. 935" \b -- Senator Waldrep: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICER'S ASSOCIATION.
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Read the first time and referred to the Committee on Finance.
S. 936 (Word version) XE "S. 936" \b -- Senator Alexander: A SENATE RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE SENECA HIGH SCHOOL SOFTBALL TEAM ON THEIR TERRIFIC SEASON OF COMPETITION AND TO CONGRATULATE THE "LADY BOBCATS" ON WINNING THE 2001 CLASS AAA SOFTBALL STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.
Read the first time and referred to the Committee on Judiciary.
H. 4552 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
Read the first time and referred to the Committee on Judiciary.
H. 4553 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 15A, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
Read the first time and referred to the Committee on Judiciary.
H. 4577 (Word version) -- Reps. Govan, Wilkins, Ott, Jennings, Webb, 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, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, 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, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ORANGEBURG COUNTY NATIVE WOODROW "WOODY" DANTZLER OF CLEMSON UNIVERSITY ON HIS OUTSTANDING ACCOMPLISHMENTS AS QUARTERBACK AND HIS EXCEPTIONAL CONTRIBUTIONS TO THE CLEMSON "TIGERS" FOOTBALL TEAM AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE FOOTBALL CAREER AND OTHERWISE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4585 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MRS. JANIE BRADSHAW MURPHY OF LEE COUNTY, WHO LIVED TO THE REMARKABLE AGE OF ONE HUNDRED ELEVEN.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator FAIR from the Committee on Corrections and Penology polled out S. 826 favorable with amendment:
S. 826 (Word version) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT.
AYES
Fair Thomas Giese Patterson Ford Glover Gregory Ryberg Anderson Martin Holland Saleeby Short Branton Hawkins Pinckney Bauer
S. 826 (Word version) -- Senators Martin and Elliott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, AS AMENDED, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2003, BEFORE WHICH DATE IT MUST MAKE ITS REPORT.
Senator FAIR asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
Senator FAIR asked unanimous consent to give the Joint Resolution a second reading.
There was no objection.
The Joint Resolution was read the second time.
On motion of Senator FAIR, with unanimous consent, S. 826 was ordered to be amended by the adoption of the committee amendment and receive a third reading on Friday, January 25, 2002.
Senator COURSON from the Committee on Invitations polled out S. 896 favorable:
S. 896 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RICHARD J. SANTOS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 26, 2002.
AYES
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON spoke on the Concurrent Resolution.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ARTS ALLIANCE to attend a luncheon at the Capital City Club on Tuesday, February 5, 2002, upon adjournment and lasting until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
NAYS
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC MORTGAGE BROKERS ASSOCIATION to attend a reception at the Aqua Grill on Tuesday, February 5, 2002, from 6:00 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SCHOOL FOR THE DEAF AND BLIND to attend a luncheon drop-in, located in Room 225 Blatt Bldg. on Wednesday, February 6, 2002, from 12:00 until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CAROLINAS AGC to attend a reception at the Kroger Canter for the Arts on Wednesday, February 6, 2002, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC YOUTH CHALLENGE ACADEMY-WIL LOU GRAY OPPORTUNITY SCHOOL to attend a breakfast drop-in in Room 221 Blatt Bldg. on Thursday, February 7, 2002, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MEMBERS OF THE SC SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT and FAMILY COURT to attend a barbecue dinner at the National Guard Armory on Tuesday, February 12, 2002, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SELF-INSURERS ASSOCIATION, INC. to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, February 13, 2002, from 8:00 until 9:30 A.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ASSOCIATION OF CAREER AND TECHNICAL EDUCATION and CAREER AND TECHNOLOGY EDUCATION ADMINISTRATORS to attend a luncheon at the Carolina Plaza on Wednesday, February 13, 2002, from 12:30 until 1:30 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CREDIT UNION LEAGUE, INC. to attend a reception at Seawell's on Wednesday, February 13, 2002, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CABLE TELEVISION ASSOCIATION to attend a reception at the Capital City Club on Wednesday, February 13, 2002, from 8:00 until 10:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Columbia, S.C., January 24, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following appointment:
Initial Appointment, Georgetown County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007:
Benjamin H. Culbertson, P. O. Box 943, Georgetown, S.C. 29442
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 24, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3539 (Word version) XE "H. 3539" \b -- Reps. J.E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 918 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA MANUFACTURERS ALLIANCE (SCMA) ON ITS ONE HUNDREDTH ANNIVERSARY, AND SALUTING THE SCMA FOR ITS CENTURY OF LEADERSHIP AND SERVICE TO THE PALMETTO STATE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
By prior motion of Senator REESE
H. 4511 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS 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.
The following House Joint Resolution was read the third time and ordered returned to the House with amendments:
H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
The following Bills were read the third time and ordered sent to the House of Representatives:
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.
S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.
By prior motion of Senator PINCKNEY
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 4525 (Word version) -- Rep. Harvin: 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.
By prior motion of Senator LAND
H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.
By prior motion of Senator LAND
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.
On motion of Senator LEATHERMAN, with unanimous consent, S. 868 was ordered to receive a third reading on Friday, January 25, 2002.
H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (GGS\22271CM02), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. The General Assembly finds that owing to reductions in state appropriations for Fiscal Year 2001-2002, School District No. 1 of Florence County (the school district) will experience a shortfall in funds necessary to meet its operating budget for Fiscal Year 2001-2002. The General Assembly has determined to authorize the board of trustees of the school district (the board) to issue general obligation bonds of the school district to provide funds necessary to meet its costs of operations and maintenance. Additionally, the General Assembly has determined to authorize the school district to increase millage levied for operations and maintenance for Fiscal Year 2002-2003 to replace funds lost as a consequence of reductions in state appropriations pursuant to actions of the State Budget and Control Board to reduce expenditures for Fiscal Year 2001-2002. /
Amend the bill further, page 2, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. In order to raise funds to meet costs of operation and maintenance of the school district, the board may issue and sell a general obligation bond or bonds of the school district (the bond), as a single issue or several issues, without the necessity of holding an election, in an amount not to exceed the lesser of: (1) the available eight percent debt limit as prescribed by Article X, Section 15 of the South Carolina Constitution; or (2) the difference between the total amount of state appropriations anticipated in the school district's budget for Fiscal Year 2001-2002 as originally adopted and the actual amount of state funds, as certified by the Office of the Comptroller General, which the school district will receive for Fiscal Year 2001-2002, plus issuance costs. /
Amend the bill further, page 3, by striking SECTION 13 in its entirety and inserting:
/ SECTION 13. Notwithstanding any other provision of law, the board is hereby authorized to increase for Fiscal Year 2002-2003 the number of mills levied for operation and maintenance of the school district. For Fiscal Year 2002-2003 the board may increase the millage levy over the Fiscal Year 2001-2002 millage levy by the number of mills determined by the board to be necessary to replace any decrease in state appropriations to the school district from the amount of state appropriations anticipated in the school district's budget for Fiscal Year 2001-2002 as originally adopted. For Fiscal Year 2003-2004 the board shall reduce the millage rate by the number of mills that were levied pursuant to this act subject to adjustment pursuant to Act 239 of 1981. In subsequent fiscal years, the board shall not increase the number of mills levied for operations and maintenance of the school district over that levied for Fiscal Year 2001-2002 except as provided by Act 239 of 1981 and the general law of the State. /
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4464 was ordered to receive a third reading on Friday, January 25, 2002.
S. 670 (Word version) -- Senator Land: A BILL TO AMEND SECTION 62-5-414, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND EXPENSES PAYABLE IN CONNECTION WITH A PROTECTIVE PROCEEDING IN PROBATE COURT, SO AS TO PROVIDE FOR ATTORNEY'S FEES FROM THE ESTATE FOR THE LAWYER REPRESENTING THE CONSERVATOR IN THE PROCEEDING.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0670.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 62-5-414 of the 1976 Code is amended to read:
"Section 62-5-414. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate, as determined by the court each of the following persons is entitled to reasonable compensation from the estate, as determined by the court:
(1) a visitor appointed in a protective proceeding;
(2) a lawyer appointed in a protective proceeding;
(3) a physician appointed in a protective proceeding;
(4) a conservator or special conservator appointed in a protective proceeding; and
(5) a lawyer representing a conservator in a protective proceeding."/
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE 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.
H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE EASTERN TOWN BOUNDARY OF CALHOUN FALLS THE "GRADY L. PATTERSON, JR. HIGHWAY" IN HONOR OF THE DEDICATION, LOVE, AND SERVICE GRADY L. PATTERSON, JR., HAS EXHIBITED OVER HIS LIFETIME FOR HIS STATE AND COUNTRY, CULMINATING IN HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND HIS PROMOTION TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA AIR NATIONAL GUARD.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3141 (Word version) XE "H. 3141" \b --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 SECTIONS OF TITLE 24, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME, TO PROVIDE THAT AN OFFENDER MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE DISCHARGE FROM HIS SENTENCE, AND TO MAKE OTHER RELEVANT CHANGES, TO AMEND CHAPTER 26 OF TITLE 24, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION, REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION, AND TO MAKE CERTAIN OTHER CHANGES; 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. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO spoke on the Bill.
At 11:41 A.M., Senator McCONNELL assumed the Chair.
Senator HUTTO continued speaking on the Bill.
At 12:25 P.M., Senator MARTIN assumed the Chair.
Senator HUTTO spoke on the Bill.
With Senator HUTTO retaining the floor, Senator McCONNELL moved, with unanimous consent, under the provisions of Rule 1B that, when the Senate adjourns on Friday, January 25, 2002, it stand adjourned to meet Tuesday, January 29, 2002, at the time and subject to the limitations set forth in Rule 1B; and further, that, when the Senate stands adjourned on Tuesday, January 29, 2002, it stand adjourned to meet Wednesday, January 30, 2002, at the time and subject to the limitations set forth in Rule 1B; and further, that, when the Senate stands adjourned on Wednesday, January 30, 2002, it stand adjourned to meet Thursday, January 31, 2002, at the time and subject to the limitations set forth in Rule 1B; and further, that, when the Senate stands adjourned on Thursday, January 31, 2002, it stand adjourned to meet at 11:00 A.M. on Friday, February 1, 2002, under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; set forth in Rule 1B; and finally, that, when the Senate stands adjourned on Friday, February 1, 2002, it stand adjourned to meet in Statewide Session on Tuesday, February 5, 2002, at 12:00 Noon.
There was no objection and the motion was adopted.
Senator HUTTO resumed speaking on the Bill.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted, with Senator HUTTO retaining the floor.
The state funding fiscal impact of H.3141, as reported in accordance with Section 2-7-72 of the South Carolina Code of Laws and Rule 26(E) of the Senate, is projected to range from $60 to $589 million. In a year when state revenues are insufficient to fund current obligations and economic recovery is uncertain, it is not prudent to place additional constraints on the budget. While many of the measures in this legislation have merit, no funding mechanism or funding source was identified. Because of the potential to create further budget deficits and the need to prioritize the state's expenditures, we voted "no" to the committee amendment on January 23, 2002.
On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Brian Murphy of Charleston, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, January 25, 2002, it stand adjourned to meet next Tuesday, January 29, 2002, under the provisions of Rule 1B, which motion was adopted.
At 12:37 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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