Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:45 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, remember that the Hebrew language is a picture language. Hear words from Psalm 114:7:
"Tremble, O earth, at the PRESENCE of the Lord, at the PRESENCE of the God of Jacob, who turns the rock into a pool of water, the flint into a spring of water."
Let us pray.
O God of wonder: the Jewish mind could not conceive You in ancient days! Neither can we modern mortals! What a pity!
Remove from us the cloud that veils the BEATIFIC VISION. We think it would make our decision-making a little easier!
Sometimes we feel, Father, especially in an election year, that virtue is devalued and character is debunked.
In mercy's name, accept us, and forgive us, where we are, and move us to where we ought to be!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MARTIN introduced Dr. Chip Walpole of Piedmont, S.C., Doctor of the Day.
At 11:55 A.M., on motion of Senator LEVENTIS, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
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 SUCCESSORS TO CERTAIN SEATS ON THE SOUTH CAROLINA SUPREME COURT, COURT OF APPEALS, CIRCUIT, AND FAMILY COURTS. (ABBREVIATED TITLE)
The PRESIDENT announced that nominations were in order to elect a successor to the position of Justice, S. C. Supreme Court, Seat #4.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. John H. Waller, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. John H. Waller, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John H. Waller, Jr. had been elected to the position of Justice, S. C. Supreme Court, Seat #4 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #7.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. H. Samuel Stilwell had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. H. Samuel Stilwell in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Samuel Stilwell had been elected to the position of Judge, Court of Appeals, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #7.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Leroy Ellis Davis, Mr. J. Cordell Maddox, Jr. and the Hon. Michael F. Mullinax had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Mr. Leroy Ellis Davis and the Hon. Michael F. Mullinax were withdrawn from consideration.
Representative Delleney placed the name of Mr. J. Cordell Maddox, Jr. in nomination and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Cordell Maddox, Jr. was elected to the position of Judge, Circuit Court, At-Large, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #11.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Alison Renee Lee had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. Alison Renee Lee in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alison Renee Lee had been elected to the position of Judge, Circuit Court, At-Large, Seat #11 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #12.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. James E. Brogdon, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. James E. Brogdon in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James E. Brogdon, Jr. had been elected to the position of Judge, Circuit Court, At-Large, Seat #12 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #13.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. John L. Breeden, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. John L. Breeden in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John L. Breeden had been elected to the position of Judge, Circuit Court, At-Large, Seat #13 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 3rd Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Gordon B. Jenkinson and the Hon. George M. McFaddin, Jr. had been screened and found qualified to serve.
Representative Delleney placed the names of Mr. Gordon B. Jenkinson and the Hon. George M. McFaddin, Jr. in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Jenkinson:
Alexander Anderson Branton Elliott Giese Glover Grooms Hayes Hutto Kuhn Land Leatherman Martin McConnell McGill Mescher O'Dell Rankin Ravenel Reese Ritchie Setzler Short Smith, J. Verne Thomas Waldrep
The following named Senators voted for Judge McFaddin:
Bauer Courson Drummond Fair Ford Gregory Hawkins Jackson Leventis Matthews Moore Patterson Peeler Pinckney Richardson Ryberg Verdin
On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Jenkinson:
Altman Askins Bales Battle Breeland Carnell Cato Chellis Clyburn Dantzler Delleney Gourdine Govan Hamilton Harvin Haskins Hayes Kennedy Koon Law Limehouse Mack Martin McCraw McLeod Miller Ott Parks Phillips Rhoad Scarborough Scott Smith, J.E. Smith, J.R. Snow Townsend Trotter Webb Whipper Wilder Witherspoon
The following named Representatives voted for Judge McFaddin:
Allison Barfield Barrett Bingham Bowers Brown, G. Brown, J. Brown, R. Campsen Coates Cobb-Hunter Coleman Cooper Cotty Easterday Emory Fleming Freeman Frye Harrell Harrison Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kirsh Klauber Knotts Leach Lee Lloyd Loftis Lourie Lucas McGee Merrill Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Perry Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Stille Stuart Talley Taylor Thompson Tripp Vaughn Walker Weeks Whatley White Wilkins Young, A. Young, J.
Total number of Senators voting 43
Total number of Representatives voting 115
Grand Total 158
Necessary to a choice 80
Of which Mr. Jenkinson received 67
Of which Judge McFaddin received 91
Whereupon, the PRESIDENT announced that the Honorable George M. McFaddin, Jr. was elected to the position of Judge, Family Court, 3rd Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 4th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. James A. Spruill III had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. James A. Spruill III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James A. Spruill III had been elected to the position of Judge, Family Court, 4th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 6th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Walter B. Brown, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. Walter B. Brown, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Walter B. Brown, Jr. had been elected to the position of Judge, Family Court, 6th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat #5.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Jocelyn B. Cate, Mr. Ben Mack and Ms. Rita J. Roache had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Mr. Ben Mack was withdrawn from consideration.
Representative Delleney placed the names of Ms. Jocelyn B. Cate and Ms. Rita J. Roache in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Cate:
Alexander Bauer Branton Courson Drummond Fair Giese Gregory Grooms Hawkins Hayes Kuhn Leatherman Martin McConnell Mescher O'Dell Richardson Ritchie Ryberg Setzler Thomas Verdin Waldrep
The following named Senators voted for Ms. Roache:
Anderson Ford Glover Hutto Jackson Land Leventis Matthews Moore Patterson Peeler Pinckney Rankin Ravenel Reese Short Smith, J. Verne
On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Cate:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Easterday Edge Fleming Frye Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Klauber Koon Law Leach Limehouse Littlejohn Loftis Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
The following named Representatives voted for Ms. Roache:
Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Davenport Delleney Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Howard Kelley Kirsh Knotts Lee Lloyd Lourie Lucas Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Rhoad Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Stuart Weeks Whipper Wilder Witherspoon
Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 79
Of which Ms. Cate received 88
Of which Ms. Roache received 68
Whereupon, the PRESIDENT announced that the Honorable Jocelyn B. Cate was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. W. Wallace Culp III, Ms. Mary Alice H. Godfrey and Ms. Aphrodite K. Konduros had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Mr. W. Wallace Culp III and Ms. Mary Alice H. Godfrey were withdrawn from consideration.
Representative Delleney placed the name of Ms. Aphrodite K. Konduros in nomination and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Aphrodite K. Konduros was elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat #5.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Robert N. Jenkins, Sr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. Robert N. Jenkins, Sr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert N. Jenkins, Sr. had been elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. Haskell T. Abbott III had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. Haskell T. Abbott III in nomination and moved that the nominations be closed.
Senator McCONNELL was recognized and addressed the members of the Joint Assembly.
Senator RITCHIE was recognized and addressed the members of the Joint Assembly.
Senator RANKIN was recognized and spoke in favor of the nomination.
The question before the body was whether to elect the Hon. Haskell T. Abbott III to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Anderson Drummond Hayes Hutto Jackson Kuhn Land Leventis Matthews Moore Patterson Pinckney Rankin Short Waldrep
The following named Senators voted in the negative:
Alexander Branton Courson Fair Giese Glover Grooms Leatherman Martin McConnell Mescher Peeler Ravenel Reese Richardson Ritchie Ryberg Smith, J. Verne Verdin
On motion of Representative Townsend, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Barfield Battle Brown, G. Clyburn Coates Coleman Delleney Easterday Edge Fleming Harrison Harvin Hines, M. Keegan Kelley Koon Lucas McCraw McGee McLeod Ott Rhoad Riser Rutherford Sandifer Sharpe Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Snow Taylor Trotter Weeks Whatley Whipper Wilkins Witherspoon Young, J.
The following named Representatives voted in the negative:
Allison Altman Bales Barrett Bingham Breeland Brown, J. Carnell Cato Chellis Cotty Dantzler Davenport Emory Govan Hamilton Harrell Haskins Hayes Hinson Hosey Howard Kirsh Klauber Knotts Law Leach Limehouse Littlejohn Loftis Lourie Martin Meacham-Richardson Merrill Neal, J.H. Neilson Owens Perry Phillips Quinn Rice Rodgers Scarborough Simrill Smith, D.C. Smith, J.R. Stille Stuart Talley Thompson Townsend Tripp Vaughn Walker Webb White Wilder
Total number of Senators voting 34
Total number of Representatives voting 96
Grand Total 130
Ayes 54
Nays 76
Not having received the requisite number of votes, the PRESIDENT announced that the Honorable Haskell T. Abbott III had not been elected to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.
I serve as a member of the Judicial Merit Selection Commission. In conducting our hearings, the commission made a full inquiry into this matter. It was my considered opinion that the problems of the Patel case were ones derivative of our current ineffective system of regulating Guardians ad Litem rather than any problems with the nominee.
The PRESIDENT announced that nominations were in order to elect a successor to the Administrative Law Judge Division, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Hon. C. Dukes Scott had been screened and found qualified to serve.
Representative Delleney placed the name of the Hon. C. Dukes Scott in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Dukes Scott had been elected to the Administrative Law Judge Division, Seat #2 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the ACTING PRESIDENT, Senator COURSON.
At 1:20 P.M., the Senate resumed.
S. 930 (Word version) -- 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.
On motion of Senator BAUER, with unanimous consent, the name of Senator BAUER was removed as a co-sponsor of S. 930.
S. 900 (Word version) -- Senators Alexander, J. Verne Smith, McGill, Ravenel and Land: A JOINT RESOLUTION SUSPENDING THE TWO DOLLAR AND FIVE CENTS REDUCTION IN THE CALCULATION OF MEDICAID PRESCRIPTION PAYMENT REIMBURSEMENTS PROVIDED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN MEDICAID BULLETIN PHARM 01-06.
On motion of Senator BAUER, with unanimous consent, the name of Senator BAUER was added as a co-sponsor of S. 900.
S. 933 (Word version) -- Senators Ravenel, McConnell, 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.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was removed as a co-sponsor of S. 933.
Senator RYBERG rose for an Expression of Personal Interest.
The following were introduced:
S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 983 (Word version) -- Senators Fair, Patterson, Waldrep, Jackson, Thomas, Anderson, Bauer, Ford, Giese, Hawkins, Branton, Ryberg, Alexander, Glover, Matthews and Pinckney: A BILL TO PROVIDE THAT, AFTER A PHASE-OUT PERIOD EXTENDING OVER THREE FISCAL YEARS, THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 984 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, THEIR JURISDICTION, AND TRAINING AND RECERTIFICATION REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A MAGISTRATE MUST PASS A RECERTIFICATION EXAMINATION EVERY EIGHT YEARS AFTER HIS INITIAL CERTIFICATION EXAMINATION AND TO DELETE ARCHAIC PROVISIONS.
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Read the first time and referred to the Committee on Judiciary.
S. 985 (Word version) -- Senators Grooms, Ravenel, Mescher, Kuhn, Ford and Pinckney: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE DEVELOPMENTAL IMPACT FEE ACT, SO AS TO REVISE THE DEFINITION OF "PUBLIC FACILITIES" TO INCLUDE SCHOOL BUILDINGS AND FACILITIES.
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Read the first time and referred to the Committee on Judiciary.
S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land and Mescher: 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.
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Read the first time and referred to the Committee on Medical Affairs.
S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 988 (Word version) -- Senators Grooms and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL AND HISTORICAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "HISTORICAL TUSKEGEE AIRMEN MEMORIAL" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57, WITH DIRECTIONAL SIGNS AT THE OFF-RAMP TERMINATIONS, IN COLLETON COUNTY.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 989 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST COLUMBIA IN LEXINGTON COUNTY, SCHOOL DISTRICT ONE, FOR THEIR AWESOME ACCOMPLISHMENT IN RAISING MORE THAN FIVE HUNDRED TWENTY THOUSAND DOLLARS TO REPLACE A FIRE ENGINE LOST TO NEW YORK CITY LADDER COMPANY 101/ENGINE 202 IN THE DEVASTATION OF SEPTEMBER 11, AND TO EXPRESS TO THE STUDENTS AND STAFF THE PRIDE OF THE CITIZENS OF SOUTH CAROLINA IN THEIR DEMONSTRATION OF BOUNDLESS COMPASSION AND COMMITMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 990 (Word version) -- Senator Peeler: A SENATE RESOLUTION EXPRESSING THE OPPOSITION OF THE MEMBERS OF THE SENATE TO A PROPOSAL BY THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A CLOVER BYPASS.
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Senator PEELER spoke on the Resolution.
On motion of Senator PEELER, with unanimous consent, the Senate Resolution was adopted.
S. 991 (Word version) -- Senators Jackson, Matthews, Glover, Pinckney, Patterson, Ford and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-385 SO AS TO ESTABLISH THE BROADENING UNIVERSITY IMPROVEMENTS TO LIFE DIVERSITY FUND (BUILD) USING MONIES FROM THE EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING GRANTS TO PRIVATE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR MAINTENANCE, REPAIR, RENOVATION, AND IMPROVEMENT OF CAPITAL FACILITIES.
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Read the first time and referred to the Committee on Judiciary.
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.
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Senator RANKIN spoke on the Resolution.
Read the first time and referred to the Committee on Education.
H. 3802 (Word version) -- Reps. J. Young, Askins, McGee, G.M. Smith, Weeks, Lourie and McLeod: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE BURNING MUST RESULT IN DAMAGE TO A BUILDING OR STRUCTURE AND TO DEFINE "DAMAGE".
Read the first time and referred to the Committee on Judiciary.
H. 4030 (Word version) -- Reps. Easterday and McLeod: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Read the first time and referred to the Committee on Judiciary.
H. 4640 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE GREENVILLE HIGH SCHOOL VARSITY CHEERLEADING TEAM FOR WINNING THE 2001 CLASS AAA STATE CHAMPIONSHIP ON DECEMBER 7, 2001, AND TO WISH THEM MUCH SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4643 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO COMMEND STEELE HILL AME ZION CHURCH OF LANCASTER COUNTY, FOR ITS MORE THAN ONE HUNDRED TWENTY-TWO YEARS OF SPIRITUAL SERVICE TO ITS MEMBERS AND ITS COMMUNITY AND TO DECLARE FEBRUARY NINTH AND TENTH OF 2002 AS STEELE HILL AME ZION WEEKEND IN LANCASTER COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4645 (Word version) -- Reps. Bales, J.E. Smith, J. Brown, Scott, Harrison, Howard, Lourie, J.H. Neal and Quinn: A CONCURRENT RESOLUTION TO RECOGNIZE MR. GEORGE A. FULMER OF COLUMBIA, SOUTH CAROLINA, ON THE REMARKABLE OCCASION OF HIS ONE HUNDRED SECOND BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4658 (Word version) -- Rep. Trotter: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS AND TO CONGRATULATE THE "BLUE FLAME" ON WINNING THE 2002 CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4662 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE LAUNCHING OF THE OBSERVANCE AND CELEBRATION OF THE SEVENTY-FIFTH ANNIVERSARY OF THE ORGANIZATION DURING NATIONAL FFA WEEK, FEBRUARY 16-23, 2002.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4664 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION WELCOMING MAJOR GENERAL CHARLES F. BOLDEN, UNITED STATES MARINE CORPS, AND COLUMBIA NATIVE, TO THE PURPLE HEART DAY CELEBRATION IN AIKEN COUNTY AND RECOGNIZING HIM FOR HIS OUTSTANDING ACCOMPLISHMENTS, HIS EXTRAORDINARY CONTRIBUTIONS TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) PROGRAM, AND HIS STELLAR SERVICE TO THIS COUNTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4665 (Word version) -- Rep. Rutherford. A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 21, 2002, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
Read the first time and ordered referred to the General Committee.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4546 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY FIFTEENTH TO FEBRUARY FIRST.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC FOOD ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, February 14, 2002, from 8:00 until 10:00 A.M.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ALLIANCE FOR SOUTH CAROLINA'S CHILDREN to attend a luncheon at the Capital City Club on Tuesday, February 19, 2002, upon adjournment and lasting 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 ELECTRIC COOPERATIVES OF SOUTH CAROLINA to attend a reception at the Adam's Mark Hotel on Tuesday, February 19, 2002, from 6:00 until 7:30 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 SOUTH CAROLINA NURSERY AND LANDSCAPE ASSOCIATION to attend a breakfast at the Capital City Club on Wednesday, February 20, 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 SOUTH CAROLINA BAPTIST CONVENTION to attend a luncheon at Seawells on Wednesday, February 20, 2002, from 12:00 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 SOUTH CAROLINA PROBATE JUDGES ASSOCIATION to attend a reception at the Embassy Suites Hotel on Wednesday, February 20, 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 SOUTH CAROLINA ASSOCIATION OF NON-PROFIT HOMES FOR THE AGING to attend a breakfast drop-in, Room 221 Blatt Bldg. on Thursday, February 21, 2002, from 8:30 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 SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS to attend a reception and quail/catfish dinner at Seawells on Tuesday, February 26, 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 PALMETTO CONSERVATION FOUNDATION to attend a breakfast at the Summit Club on Wednesday, February 27, 2002, from 8:00 until 9:00 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 ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS to attend a luncheon at the Clarion Town House on Wednesday, February 27, 2002, from 12:30 until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions 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. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: 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.
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.
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.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 828 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: 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.
S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
S. 959 (Word version) -- Senator McGill: A BILL TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, AND PROVIDE THAT APPOINTMENTS TO THIS COMMISSION BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
By prior motion of Senator RAVENEL
S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (S191.RLW001), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:
/ "Section 47-1-75. Any person, including a person licensed to practice veterinary medicine, or an animal control officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or any society incorporated for that purpose, who in good faith and without compensation for services provided, acting without malice, recklessness, or gross negligence, renders emergency care or treatment to a domestic animal which is abandoned, ill, injured, or in distress related to an accident or disaster shall not be liable or subject to any civil or criminal liability for any injuries or harm to such animal resulting from the rendering of such care or treatment, or any act or failure to act to provide or arrange for further medical treatment or care for such animal." /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
On motion of Senator GIESE, with unanimous consent, the names of Senators GIESE and PINCKNEY were added as co-sponsors of S. 191.
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\10689HTC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1.
Amend further, as and if amended, in Section 4-10-330(C) as contained in SECTION 2, page 2, by striking lines 21 through 23 and inserting:
/ the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 809 (Word version) -- Senators Grooms, Ravenel, Richardson and Branton: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (NBD\11161AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device.;
(8) existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:
(a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:
(i) establishment of new monuments;
(ii) determination of the annual volume and transport of sand; and
(iii) annual aerial photographs.
Subsequent monitoring requirements must be based on results from the first five-year report.
(b) Groins may only be permitted after thorough analysis of the project demonstrates that there will be no negative effect on adjacent areas. The applicant shall provide a financially binding commitment to cover the cost of correcting any adverse downdrift impacts. Groins must be modified or possibly removed, and beach restoration performed or other mitigation provided, if and when monitoring shows evidence of an increased erosion rate along adjacent or downdrift beaches or shoreline high ground likely attributable to the groins. The applicant has the burden of proving that groins are not causing harm.
(c) Adjacent and downdrift communities and municipalities must be notified of all applications for a groin project.
A permit must be obtained from the department for items (2) through (7)(8)."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
On motion of Senator RANKIN, with unanimous consent, the names of Senators RANKIN and COURSON were added as co-sponsors of S. 809.
The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:
S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Senator ALEXANDER explained the Joint Resolution.
On motion of Senator ALEXANDER, S. 947 was ordered to receive a third reading on Thursday, February 7, 2002.
S. 869 (Word version) -- Senator Hayes, 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (GJK\20938SD02), which was adopted:
Amend the bill, as and if amended, in Section 2-66-10(E) of the 1976 Code, as contained in SECTION 1, by inserting after /award / on line 24, page 1 / in an amount not to exceed two thousand dollars per year. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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. 4351 (Word version) -- Rep. Fleming: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE ELECTED FROM EACH DISTRICT, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE STAGGERING OF THESE TERMS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACT 304 OF 1989 RELATING TO THE ELECTION OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IN NONPARTISAN ELECTIONS, THE TERMS OF OFFICE OF THE MEMBERS ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.
Senator BAUER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator SHORT proposed the following amendment (SHORT-4351):
Amend the bill, as and if amended, by deleting Section 1(A), page 1, lines 36 through 42 and page 2, lines 1 through 19.
Amend the bill further, as and if amended, by deleting Section (E), page 3, lines 1 through 6.
Renumber sections to conform.
Amend title to conform.
Senator BAUER moved to lay the amendment on the table.
On motion of Senator BAUER, with unanimous consent, the motion to table was withdrawn.
On motion of Senator BAUER, the Bill was carried over.
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.
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 INTERRUPTED DEBATE.
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 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 third reading of the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Don Caughman of Lexington County, S.C.
At 1:56 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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