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

Printed Page 317 . . . . . Tuesday, January 22, 2002

Tuesday, January 22, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as we remember, and give thanks for the life and labors of Martin Luther King, Jr., hear words from the Apostle Peter (I Peter 2:16-17):

"As servants of God... honor all men...

Love the brotherhood... fear God..."
Let us pray.

Father, You made and loved us all.

Help us to love You in such a way that our love for You will overflow and embrace our sisters and brothers wherever they are.

You gave our brother, Martin, a dream that he shared with the world, the dream that "someday" all mankind would sit down together at the table of brotherhood.

Father, we know we are paying a terrible price for not sharing, in reality, that dream.

Help us to recall and react upon that old hymn we learned in kindergarten:

"Red and yellow, black and white,

They are precious in His sight."
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

OBJECTION

H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.

Senator GIESE moved to recall the Bill from Legislative Council.

Printed Page 318 . . . . . Tuesday, January 22, 2002

Parliamentary Inquiry

Senator RANKIN made a Parliamentary Inquiry as to whether or not the motion to recall required unanimous consent.

The PRESIDENT stated that the motion would require unanimous consent.

Senator RANKIN objected to the motion to recall the Bill from Legislative Council.

Expression of Personal Interest

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

Expression of Personal Interest

Senator RANKIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

Notice of Motion

Senator McCONNELL informed the Senate that due to the Senate and congressional reapportionment hearings in the U. S. District Court during the week of January 28 - February 1, 2002, the Senate may consider a motion to convene subject to the provisions of Rule 1B for the sessions on Tuesday, Wednesday and Thursday of next week.

Doctor of the Day

Senator McCONNELL introduced Dr. Patrick J. Kelly of Charleston, S.C., Doctor of the Day.

CO-SPONSOR ADDED

S. 715 (Word version) -- Senators McConnell and J. Verne Smith: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

Printed Page 319 . . . . . Tuesday, January 22, 2002

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 715.

RECALLED

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.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the committee.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was ordered placed on the Calendar.

There was no objection.

RECALLED FROM LEGISLATIVE COUNCIL
THIRD READING RECONSIDERED
NOTICE OF GENERAL AMENDMENTS ADDED

H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.

Printed Page 320 . . . . . Tuesday, January 22, 2002

Senator GIESE asked unanimous consent to make a motion to recall the Bill from Legislative Council.

There was no objection.

The Bill was recalled from Legislative Council.

Senator GIESE asked unanimous consent to make a motion to reconsider the third reading of the Bill.

There was no objection.

Third reading of the Bill was reconsidered.

Senator GIESE asked unanimous consent to add notice of general amendments to the Bill.

There was no objection.

Third reading of the Bill was reconsidered, notice of general amendments was added and the Bill was ordered returned to the third reading Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 898 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-435 SO AS TO PROVIDE THAT ANY PERSON CURRENTLY EMPLOYED AS A CLASSROOM TEACHER IN THIS STATE FOR GRADES K-12 SHALL REPORT TO THE PRINCIPAL OF THE SCHOOL THE TEACHER'S ARREST FOR ANY VIOLATIONS OF FEDERAL OR STATE CRIMINAL LAW EXCLUDING TRAFFIC OFFENSES, TO PROVIDE THAT THE PRINCIPAL IN TURN SHALL FORWARD THIS INFORMATION TO APPROPRIATE DISTRICT OFFICIALS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Education.

S. 899 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND

Printed Page 321 . . . . . Tuesday, January 22, 2002
DENTAL INSURANCE PLANS, SO AS TO INCLUDE THE SOUTH CAROLINA PRIMARY HEALTH CARE ASSOCIATION AND FEDERALLY QUALIFIED HEALTH CENTERS.
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Read the first time and referred to the Committee on Finance.

S. 900 (Word version) -- Senators Alexander, J.V. Smith, McGill and Ravenel: 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.
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Read the first time and referred to the Committee on Finance.

S. 901 (Word version) -- Senator Leatherman: 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 THE POSITION OF STATE ENGINEER; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER.
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Read the first time and referred to the Committee on Finance.

S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
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Read the first time and referred to the Committee on Judiciary.

S. 903 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN

Printed Page 322 . . . . . Tuesday, January 22, 2002
CONNECTION WITH THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEERS WITHIN THE DEFINITION OF "EMPLOYEE"; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT ACTIVITIES RELATING TO PREVENTION OF TERRORISM OR TERRORIST ATTACK AND ACTIVITIES IN RESPONSE TO A TERRORIST THREAT OR TERRORIST ATTACK ARE EXEMPTED UNDER THE TORT CLAIMS ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 904 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH CERTAIN PERSONS, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT ADOPTIONS BY A PERSON WHO HAS BEEN CONVICTED OF BUGGERY OR WHO IS A HOMOSEXUAL OR BISEXUAL.
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Read the first time and referred to the Committee on Judiciary.

S. 905 (Word version) -- Senator Hayes and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

Printed Page 323 . . . . . Tuesday, January 22, 2002

S. 906 (Word version) -- Senators Richardson, Kuhn, Ravenel, Mescher, Leventis and Pinckney: 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.
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Senator RICHARDSON spoke on the Joint Resolution.

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

S. 907 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING

Printed Page 324 . . . . . Tuesday, January 22, 2002
TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
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Read the first time and referred to the Committee on Transportation.

S. 908 (Word version) -- Senators Leventis, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO EXTEND GRATITUDE AND APPRECIATION TO SENATOR MICHAEL FAIR, MR. BEN GILLIARD, MR. JIM WILLIAMS, AND REVEREND DR. GEORGE MEETZE FOR THEIR PARTICIPATION IN PROVIDING EACH MEMBER OF THE SENATE WITH A BEAUTIFUL LEATHER-BOUND INSCRIBED BIBLE.
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The Senate Resolution was adopted.

Expression of Personal Interest

Senator FAIR rose for an Expression of Personal Interest.

On motion of Senator FAIR, with unanimous consent, Chaplain Meetze was granted leave to address the Senate with brief remarks.

Printed Page 325 . . . . . Tuesday, January 22, 2002

Remarks by Chaplain Meetze

Thank you very kindly.

Senator FAIR, much is being said about the separation of church and state. For a long time I've held something in my heart that I've had no opportunity to say publicly. That is this - that on the basis of the life that I've been able to live, by the grace of God in the church and in this State, one thing troubles me - that is the Achilles Heel in the body politic of the United States of America. Many of us believe in our hearts that the ultimate of society is the Kingdom of God where Jesus Christ becomes all in all. The Constitution won't let me say that. I won't go into that. But, in my own heart, I've found the place where church and state unite and that is in the heart of the believer. Check me out on that. God bless you all and thank you for this wonderful gift of Bibles.

* * *

On motion of Senator VERDIN, with unanimous consent, Chaplain MEETZE's remarks were ordered printed in the Journal.

S. 909 (Word version) -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF WILBUR C. EPPS, SR. OF CLARENDON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 910 (Word version) -- Senator Richardson: A BILL TO AMEND SECTIONS 12-28-310 AND 56-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE GASOLINE AND OTHER MOTOR FUELS TAX AND THE ROAD TAX ON MOTOR CARRIERS, SO AS TO INCREASE THESE TAXES FROM SIXTEEN TO TWENTY-ONE CENTS A GALLON AND TO PROVIDE FOR FURTHER INCREASES IN THESE TAXES BASED ON INCREASES IN THE CONSUMER PRICE INDEX, AND TO REPEAL SECTIONS 12-28-2730 AND 12-28-2910, RELATING TO THE CREDITING OF A PORTION OF MOTOR FUEL TAX REVENUES TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND AND THE ECONOMIC DEVELOPMENT ACCOUNT.
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Senator RICHARDSON spoke on the Bill.

Printed Page 326 . . . . . Tuesday, January 22, 2002

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

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.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 911--Ordered to a Second and Third Reading

On motion of Senator PINCKNEY, S. 911 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 912 (Word version) -- Senators Bauer, Courson, Alexander, Anderson, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE FLOYD D. SPENCE MEMORIAL COMMISSION TO DESIGN AND ESTABLISH AN APPROPRIATE MEMORIAL ON THE NORTH PORTICO OF THE STATE HOUSE TO CONGRESSMAN SPENCE AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
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Senator BAUER spoke on the Resolution.

Printed Page 327 . . . . . Tuesday, January 22, 2002

Read the first time and referred to the General Committee.

S. 913 (Word version) -- Senators Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO EXTEND THE SOUTH CAROLINA SENATE'S PROFOUND APPRECIATION AND RESPECT TO THE DOOLITTLE RAIDERS FOR THEIR BRAVERY AND SACRIFICE FOR THE UNITED STATES OF AMERICA.
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The Senate Resolution was adopted.

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 introduced and referred to the Committee on Transportation.

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.

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

Printed Page 328 . . . . . Tuesday, January 22, 2002

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

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.

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

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.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

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

Printed Page 329 . . . . . Tuesday, January 22, 2002
THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

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

H. 4532 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION SUPPORTING PRESIDENT BUSH'S ECONOMIC SECURITY PLAN.

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

H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.

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

ACTING PRESIDENT PRESIDES

At 12:55 P.M., Senator MARTIN assumed the Chair.

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

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3539 (Word version) -- 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

Printed Page 330 . . . . . Tuesday, January 22, 2002
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.

THIRD READING BILL

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

S. 721 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING

Printed Page 331 . . . . . Tuesday, January 22, 2002
ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

COMMITTEE AMENDMENT AMENDED
AMENDMENT PROPOSED, OBJECTION

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET

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BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator RYBERG proposed the following amendment (3933R010.WGR), which was adopted:

Amend the committee amendment, as and if amended, page [3933-1], by striking lines 26 through 42, and page [3933-2], by striking lines 1 through 20.

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senator RYBERG proposed the following amendment (3933R011.WGR):

Printed Page 333 . . . . . Tuesday, January 22, 2002

Amend the committee amendment, as and if amended, page [3933-2], by striking lines 24 through 29.

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator SETZLER objected to further consideration of the Bill.

CARRIED OVER

S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

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

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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 adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator HAWKINS, the Bill was carried over.

ADJOURNMENT

At 1:19 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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