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

Printed Page 403 . . . . . Thursday, January 31, 2002

Thursday, January 31, 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 JACKSON. (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.)

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 9, 2002
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the advice and consent of the Senate, and are, therefore, submitted for your consideration.

Respectfully,
James H. Hodges

Statewide Appointments

Initial Appointment, Northeast Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Private Water Supplier

Robert L. Brock, 187 Hunts Bluff Rd., Blenheim, S.C. 29516 - new seat

Referred to the Committee on Agriculture and Natural Resources

Initial Appointment, Northeast Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Domestic User

Temple Welch Dyson, 200 Caston Way, Cheraw, S.C. 29520 - new seat

Referred to the Committee on Agriculture and Natural Resources

Printed Page 404 . . . . . Thursday, January 31, 2002

Initial Appointment, Northeast Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Counties

Anna Kathryn Hubbard, P. O. Box 419, Bennettsville, S.C. 29512 - new seat

Referred to the Committee on Agriculture and Natural Resources

Initial Appointment, S. C. Dept. of Probation, Parole and Pardon, with term to commence upon confirmation by the Senate, and to expire at the pleasure of the Governor

Director

Joan Burnett Meacham, 2221 Devine St., Columbia, S.C. 29205
VICE Stephen Benjamin

Referred to the Committee on Corrections and Penology

Initial Appointment, S. C. Arts Commission, with term to commence June 30, 2000, and to expire June 30, 2003

At-Large

Connie R. Williams, 120 Shiloh Dr., Lugoff, S.C. 29078
VICE Elizabeth N. Adams, Ph.D.

Referred to the Committee on Education

Initial Appointment, State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004

1st Congressional District

Philip N. Tilghman, 1100 Golf View Dr., N. Myrtle Beach, S.C. 29582
VICE Sandra N. Fowler

Referred to the Committee on Judiciary

Initial Appointment, S. C. Real Estate Appraisers Board, with term to commence May 31, 2000, and to expire May 31, 2003

Appraiser-General

Herbert R. Sass, III, 21-C Gamecock Ave., Charleston, S.C. 29407
VICE Peggy Cox

Referred to the Committee on Labor, Commerce and Industry

Printed Page 405 . . . . . Thursday, January 31, 2002

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence July 31, 2001, and to expire July 31, 2005

Dealer

Paul Jerome Wilkerson, 110 Mills Ave., Greenville, S.C. 29605
VICE Russell E. Taylor

Referred to the Committee on Medical Affairs

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence November 1, 2001, and to expire November 1, 2005

Dealer

L. Owen Fulghum, 379 King Street, Charleston, S.C. 29401
VICE Richard E. Deibel

Referred to the Committee on Medical Affairs

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence July 31, 2000, and to expire July 31, 2004

Dealer

H. LeNoy Kyzer, 301 North Pine St., Spartanburg, S.C. 29302
VICE Thomas M. McCroskey

Referred to the Committee on Medical Affairs

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence November 1, 2001, and to expire November 1, 2005

Otolaryngologist

Scott William Thompson, M.D., 3 Richland Medical Park, #120, Columbia, S.C. 29203
VICE Tab E. Thompson, M.D.

Referred to the Committee on Medical Affairs

Initial Appointment, Commission of Hearing Aid Specialists, with term to commence January 27, 2000, and to expire January 27, 2004

Dealer

Patricia A. Wasson, M.Ed., 430 William Hilton Parkway, #208, Hilton head Island, S.C. 29926
VICE G. Charles Young

Printed Page 406 . . . . . Thursday, January 31, 2002

Referred to the Committee on Medical Affairs

Reappointment, Commission of Hearing Aid Specialists, with term to commence July 31, 2000, and to expire July 31, 2004

Dealer - Miracle Ear

James D. Schendel, 307 S. Coit St., Florence, S.C. 29501

Referred to the Committee on Medical Affairs

Reappointment, S.C. Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006

5th Congressional District

Billy Gaston Alexander, 550 Cranborne Chase, Fort Mill, S.C. 29708

Referred to the Committee on Medical Affairs

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002

Highway Beautification

Diane Alford Marlow, 2600 Bull St., Columbia, S.C. 29201 - vacant

Referred to the Committee on Transportation

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Highway Beautification

Diane Alford Marlow, 2600 Bull St., Columbia, S.C. 29201

Referred to the Committee on Transportation

Initial Appointment, S. C. State Ports Authority, with term to commence February 13, 2001, and to expire February 13, 2008

At-Large

William H. Stern, 8910 Two Notch Rd., Suite 500, Columbia, S.C. 29223
VICE Edgar A. Buck

Referred to the Committee on Transportation

Initial Appointment, S. C. State Ports Authority, with term to commence February 13, 1999, and to expire February 13, 2006

Printed Page 407 . . . . . Thursday, January 31, 2002

At-Large

John Fleming Hassell III, P. O. Box 494, Charleston, S.C. 29402
VICE James C. Morton, Jr.

Referred to the Committee on Transportation

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 955 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE FOR THE USE OF CERTIFIED COPIES OF WARRANTS ISSUED IN ANOTHER COUNTY OR BY MUNICIPAL AUTHORITIES FOR ARREST AND DETENTION WHEN THE PERSON CHARGED WITH A CRIME IN THE WARRANT RESIDES IN OR IS IN THE COUNTY OF THE ENDORSING MAGISTRATE.
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Read the first time and referred to the Committee on Judiciary.

S. 956 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO PROVIDE THAT A JUDGE

Printed Page 408 . . . . . Thursday, January 31, 2002
MAY IMPOSE A DEATH SENTENCE UPON A PERSON CONVICTED OF MURDER IF A LESS THAN UNANIMOUS JURY RECOMMENDS A SENTENCE OF DEATH.
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Read the first time and referred to the Committee on Judiciary.

S. 957 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 23-6-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF, FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR BUSINESSES TO PROVIDE MOTOR VEHICLE REGISTRATION AND TITLING SERVICES.
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Read the first time and referred to the Committee on Judiciary.

S. 958 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-67 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER OR EXTERIOR INSULATION FINISH SYSTEMS, UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR; TO AMEND SECTION 40-11-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE "EXTERIOR INSULATION FINISHING SYSTEMS"; TO AMEND SECTION 40-11-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS IN EXTERIOR INSULATION FINISH SYSTEMS OR THE FAILURE TO USE CODE APPROVED MATERIALS IN THESE SYSTEMS; TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 40-59-15, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO INCLUDE EXTERIOR LATH AND PLASTER

Printed Page 409 . . . . . Thursday, January 31, 2002
AND EXTERIOR INSULATION FINISH SYSTEMS INSTALLERS AND REPAIRERS AS A SUBCLASSIFICATION AND SPECIALTY, RESPECTIVELY; BY ADDING SECTION 40-59-18 SO AS TO DEFINE EXTERIOR INSULATION FINISHING SYSTEMS FOR PURPOSES OF THE CHAPTER LICENSING AND REGULATING RESIDENTIAL HOME BUILDERS; TO AMEND SECTION 40-59-77, AS AMENDED, RELATING TO CLASSIFICATION OF RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE QUALIFICATIONS FOR SUCH CONTRACTORS IN EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTIONS 40-59-90 AND 40-59-95, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO SANCTIONS THAT MAY BE TAKEN AGAINST RESIDENTIAL HOME BUILDERS BY THE RESIDENTIAL BUILDERS COMMISSION AND THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO EXTEND THE AUTHORITY TO APPLY SANCTIONS FROM SECTION 40-1-120 TO BOTH THE COMMISSION AND THE DIRECTOR; AND TO AMEND SECTION 40-59-200, RELATING TO HOME INSPECTIONS CONDUCTED BY LICENSED HOME INSPECTORS, SO AS TO INCLUDE FLASHING INSPECTIONS AND INSPECTION OF EXTERIOR INSULATION FINISHING SYSTEMS IN THE DEFINITION OF "HOME INSPECTION".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

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

Printed Page 410 . . . . . Thursday, January 31, 2002
ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 960 (Word version) -- Senator Moore: A SENATE RESOLUTION SALUTING R. L. "LOUIE" SPINELLI OF NEW JERSEY, NATIONAL COMMANDER, MILITARY ORDER OF THE PURPLE HEART, AND COMMENDING HIM FOR HIS TIRELESS SERVICE AND OUTSTANDING CONTRIBUTIONS TO THE VETERANS OF THIS COUNTRY AND EXTENDING TO HIM A HEARTY WELCOME TO SOUTH CAROLINA FOR THE CELEBRATION OF "PURPLE HEART DAY".
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The Senate Resolution was adopted.

S. 961 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLAN, SO AS TO PROVIDE THAT PERSONS WHO ARE OTHERWISE ELIGIBLE FOR RETIREE INSURANCE WITH STATE-PAID PREMIUMS EXCEPT FOR MEETING THE CONSECUTIVE LAST FIVE YEARS OF SERVICE REQUIREMENT MAY BE ELIGIBLE IF ANY TEN YEARS OF SERVICE ARE CONSECUTIVE AND IN A FULL-TIME PERMANENT POSITION WITH A STATE-COVERED ENTITY AND TO DELETE OBSOLETE PROVISIONS.
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Read the first time and referred to the Committee on Finance.

S. 962 (Word version) -- Senators Martin, Alexander and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2960, SO AS TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE HIGHWAYS OR ELSEWHERE THROUGHOUT THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OR TESTS OF HIS OR HER BLOOD, BREATH, URINE, OR OTHER BODILY SUBSTANCES FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR ANY OTHER

Printed Page 411 . . . . . Thursday, January 31, 2002
DRUG AND TO FURTHER PROVIDE THAT, IF A PERSON IS INVOLVED IN ANY TRAFFIC ACCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH AND THE LAW ENFORCEMENT OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT ALCOHOL OR DRUGS CONTRIBUTED TO THE ACCIDENT, THE OFFICER MUST REQUEST THAT THE TEST OR TESTS BE CONDUCTED.
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Read the first time and referred to the Committee on Judiciary.

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 964 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY AND MOTOR VEHICLES FROM PROPERTY TAX WITH THE REVENUE NOT COLLECTED THEREBY REPLACED BY A COUNTY SALES AND USE TAX IMPOSED AS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW WITH THESE EXEMPTIONS NOT APPLYING IN A COUNTY WHERE THE RATE OF THE SALES AND USE TAX REQUIRED EXCEEDS BY MORE THAN FIFTY PERCENT THE AVERAGE OF THESE TAXES IN ALL COUNTIES AND THE GOVERNING BODY OF THE COUNTY, BY AN AFFIRMATIVE TWO-THIRDS VOTE, DETERMINES NOT TO IMPOSE THE SALES AND USE TAX AND THAT THESE EXEMPTIONS SHALL NOT APPLY IN THE COUNTY.
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Read the first time and referred to the Committee on Judiciary.

H. 4617 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO JOIN THE WORLD IN RECOGNIZING THE STUDENTS AND STAFF OF WHITE KNOLL MIDDLE SCHOOL OF WEST

Printed Page 412 . . . . . Thursday, January 31, 2002
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.

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

H. 4618 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION EXPRESSING SINCEREST SORROW AT THE DEATH OF DR. MACY R. GASQUE OF THE GRESHAM COMMUNITY OF MARION COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES

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

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.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 30, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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

Printed Page 413 . . . . . Thursday, January 31, 2002
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.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Time Fixed

By prior motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns on Friday, February 1, 2002, it stand adjourned to meet next Tuesday, February 5, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:45 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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