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

Printed Page 396 . . . . . Wednesday, January 30, 2002

Wednesday, January 30, 2002
(Statewide Session)

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 ACTING PRESIDENT, Senator GIESE. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.)

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 945 (Word version) -- Senator Giese: A SENATE RESOLUTION TO EXTEND THE SENATE'S SINCEREST CONGRATULATIONS TO DR. SHARON BUDDIN, PRINCIPAL OF RIDGE VIEW HIGH SCHOOL, RICHLAND SCHOOL DISTRICT 2, FOR BEING NAMED THE 2002 NATIONAL HIGH SCHOOL PRINCIPAL OF THE YEAR BY THE NATIONAL ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS.
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The Senate Resolution was adopted.

S. 946 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 1-11-22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT A REFERENCE IN THE CODE OF LAWS OF SOUTH CAROLINA TO A SPECIFIC BUDGET AND CONTROL BOARD DIVISION, OFFICE, PROGRAM, OFFICER, OR EMPLOYEE MEANS "BUDGET AND CONTROL BOARD" AND IS SUBSTITUTED FOR THAT RESPECTIVE DIVISION, OFFICE, PROGRAM, OFFICER, OR EMPLOYEE.
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Read the first time and referred to the Committee on Finance.

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

Printed Page 397 . . . . . Wednesday, January 30, 2002
COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
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Read the first time and referred to the Committee on Education.

S. 948 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 14 AND 15, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AUTHORITY OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICTS TO INCUR GENERAL OBLIGATION DEBT, SO AS TO PROVIDE THAT IN A YEAR OF IMPLEMENTATION OF THE NEW VALUES OF A COUNTYWIDE REASSESSMENT PROGRAM, A POLITICAL SUBDIVISION AND A SCHOOL DISTRICT MAY NOT INCUR NEW GENERAL OBLIGATION DEBT EXCEPT FOR TAX ANTICIPATION NOTES.
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Read the first time and referred to the Committee on Judiciary.

S. 949 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-77 SO AS TO ALLOW AN ADDITIONAL SIX MONTHS TO PAY THAT PORTION OF PROPERTY TAXES DUE FOR THE YEAR OF IMPLEMENTATION OF A REASSESSMENT PROGRAM ON AN OWNER-OCCUPIED RESIDENTIAL PROPERTY WHICH EXCEEDS ONE HUNDRED TEN PERCENT OF THE TAX DUE ON THE PROPERTY FOR THE PRIOR TAX YEAR.
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Read the first time and referred to the Committee on Finance.

S. 950 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 12-37-223A, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF RECURRING REASSESSMENT PROGRAMS IN A COUNTY, SO AS TO MAKE THIS EXEMPTION MANDATORY STATEWIDE AND TO PROVIDE THAT ASSESSED VALUE EXEMPTED IS

Printed Page 398 . . . . . Wednesday, January 30, 2002
NOT INCLUDED IN A JURISDICTION'S ASSESSED VALUE FOR PURPOSES OF CALCULATING BONDED INDEBTEDNESS.
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Read the first time and referred to the Committee on Finance.

S. 951 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-325 SO AS TO PROVIDE A SPECIAL MILLAGE LIMITATION IN CERTAIN COUNTIES IMPLEMENTING COUNTYWIDE REASSESSMENT IN 2001 AND PROVIDE FOR A MILLAGE REDUCTION WHEN THE LIMIT IS EXCEEDED.
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Read the first time and referred to the Committee on Finance.

S. 952 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES BY COUNTY ASSESSORS, SO AS TO REQUIRE IN A REASSESSMENT YEAR THE NOTICE TO CONTAIN AN ESTIMATE OF TAX DUE ON THE PROPERTY BY APPLYING THE ROLLBACK MILLAGE TO THE PROPOSAL ASSESSED VALUE PROVIDED IN THE NOTICE.
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Read the first time and referred to the Committee on Finance.

S. 953 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-325 SO AS TO REQUIRE COUNTY AUDITORS TO SUBMIT TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE THE CALCULATIONS AND METHODOLOGY EMPLOYED BY THE AUDITOR TO CALCULATE ROLLBACK MILLAGE FOR PURPOSES OF IMPLEMENTING COUNTYWIDE REASSESSMENT PROGRAMS, TO PROVIDE THE DATE BY WHICH THIS DATA MUST BE REPORTED, AND TO PROVIDE THAT THE MILLAGE RATE FOR THE YEAR OF IMPLEMENTATION OF THE COUNTYWIDE REASSESSMENT MAY NOT BE SET UNLESS THE DEPARTMENT OF REVENUE HAS IN WRITING CERTIFIED THE APPLICABLE ROLLBACK MILLAGE CALCULATIONS.
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Read the first time and referred to the Committee on Finance.

Printed Page 399 . . . . . Wednesday, January 30, 2002

H. 4522 (Word version) -- Reps. Ott, Sharpe and Witherspoon: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO REQUIRE THE UNITED STATES FISH AND WILDLIFE SERVICE PROVIDE THE STATE OF SOUTH CAROLINA AND THE ATLANTIC FLYWAY STATES WITH THE SAME WATERFOWL SEASON FRAMEWORK AFFORDED THE SIX STATES IN THE LOWER MISSISSIPPI FLYWAY, AND TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR AGGRESSIVELY PURSUING THE REGULATORY OPTIONS NECESSARY TO PROVIDE HUNTERS IN SOUTH CAROLINA WITH THE SAME WATERFOWL HUNTING OPPORTUNITIES AFFORDED TO HUNTERS IN OTHER STATES.

Introduced and referred to the Committee on Fish, Game and Forestry.

H. 4597 (Word version) -- Reps. J. Young, G.M. Smith, Weeks, G. Brown and J.H. Neal: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ISIDORE DENEMARK OF SUMTER COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4603 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RATIFY AND CONFIRM THE ACTION OF THE DEPARTMENT OF TRANSPORTATION IN NAMING THE HIGHWAY 118 BYPASS IN THE NORTHEAST SECTION OF AIKEN COUNTY AS THE RUDY MASON PARKWAY.

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

REPORTS OF STANDING COMMITTEES

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 322 (Word version) -- Senators Mescher and Grooms: 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

Printed Page 400 . . . . . Wednesday, January 30, 2002
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.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

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.

Ordered for consideration tomorrow.

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

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

Printed Page 401 . . . . . Wednesday, January 30, 2002
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.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Finance submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Printed Page 402 . . . . . Wednesday, January 30, 2002

Message from the House

Columbia, S.C., January 29, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

ADJOURNMENT

At 11:20 A.M., on motion of Senator JACKSON, the Senate adjourned to meet tomorrow at 11:00 A.M., under the provisions of Rule 1B.

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