Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, as we come together with the House today, hear the words of Proverbs 18:14:

"The human spirit will endure sickness;

but a broken spirit -- who can bear?"
Let us pray.

Our Father, we remember that in the days of the life of Jesus of Nazareth in the flesh, men, women and little children came to Him for help. They came, the lame and those afflicted with all kinds of physical, mental and spiritual handicaps. He healed bodies, minds and spirits.

We thank You for all the healing and help that the Easter Seal Society has been able to provide for so many... for so long.

We are glad to join with the Law Enforcement Officers Association, the Restaurant Association and others in the annual visitation and offering.

Father, bless the crippled in body and spirit... and those that help... even a little!
Amen.

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

Senator LEATHERMAN introduced Dr. Steven Ross of Florence, S.C., Doctor of the Day.

At 11:15 A.M., Senator KUHN requested a leave of absence for Thursday, March 7, 2002.

The following were introduced:

S. 1091 (Word version) -- Senators Leventis and Hayes: A BILL ALLOWING A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH.
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Senator LEVENTIS spoke on the Bill.

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

S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.
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Read the first time and referred to the Committee on Finance.

S. 1093 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2668, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1094 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO CONGRATULATE MS. KRISTIE EDLING OF CHARLESTON, A STUDENT AT THE ACADEMIC MAGNET HIGH SCHOOL IN NORTH CHARLESTON, ON RECEIVING A 2002 PRUDENTIAL SPIRIT OF COMMUNITY AWARD.
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The Senate Resolution was adopted.

H. 4839 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. FLORINETTE FORD RENFROW OF LAKE VIEW FOR HER DEDICATION TO HER FAMILY AND FAMILY VALUES EXHIBITED OVER MANY YEARS WHILE RAISING A CHRISTIAN FAMILY OF ELEVEN OUTSTANDING AND ACCOMPLISHED CHILDREN, AND TO CONGRATULATE HER FOR BEING NAMED THE 2002 SOUTH CAROLINA MOTHER OF THE YEAR.

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

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

Read the first time and referred to the Committee on Medical Affairs.

H. 4843 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THOMAS F. RICHEY, SR. OF IRMO FOR HIS

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

H. 4854 (Word version) -- Reps. Kelley, Keegan, Barfield, Edge and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND FIRE CHIEF LYNWOOD O. WOMACK OF THE MYRTLE BEACH FIRE DEPARTMENT FOR HIS OUTSTANDING LEADERSHIP OF THE DEPARTMENT UPON HIS RETIREMENT AS CHIEF.

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

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

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.

Ordered for consideration tomorrow.

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

S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.

Ordered for consideration tomorrow.

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

S. 1014 (Word version) -- Senators Hawkins, Grooms, Ravenel, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO REQUIRE PARENTAL CONSENT TO OBTAIN SAMPLES FOR TESTING AND TO PERFORM RESEARCH USING A SAMPLE TAKEN, TO AUTHORIZE A PARENT OR A PERSON OVER EIGHTEEN TO REQUEST IN WRITING THAT ANY SAMPLE TAKEN FOR TESTING BE DESTROYED AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE A REQUEST FORM ON ITS WEBSITE, TO REQUIRE THE DEPARTMENT TO DESTROY A SAMPLE FIFTEEN YEARS AFTER THE BIRTH OF A CHILD, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH

Ordered for consideration tomorrow.

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

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

Ordered for consideration tomorrow.

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

H. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL

Ordered for consideration tomorrow.

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

H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 1036 (Word version) -- Senators Courson, Alexander and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 14, AND FRIDAY, NOVEMBER 15, 2002, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 13, 2002, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

Returned with concurrence.

Received as information.

S. 1080 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS OVER THE PAST DECADE AND TO DECLARE MARCH 20, 2002, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 1081 (Word version) -- Senators Leventis, Giese and Verdin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

Returned with concurrence.

Received as information.

S. 1082 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MARCH 17-23, 2002, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.

Returned with concurrence.

Received as information.

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

The following Bills 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. 3931 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL

H. 4430 (Word version) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY CHANGING THE NAME OF AN ADVISORY BOARD MEMBER FROM THE SOUTH CAROLINA ASSOCIATION OF LIFE UNDERWRITERS TO ITS CURRENT NAME OF THE SOUTH CAROLINA ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS.

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

H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1064 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2637,

S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE, THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.

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

Senator LEATHERMAN asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the amendment, the question being the second reading of the Joint Resolution.

Senator LEATHERMAN proposed the following amendment (NBD\11356AC02), which was adopted:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   (A)(1)   A referendum must be held May 7, 2002, to determine if the Florence County School District One Board of Trustees annually may raise the millage for school operations by five mills over the millage levied for the previous year, not to exceed an increase of twenty mills over a five-year period, with these increases, annually and over a five-year period, being in addition to any increase in millage required to comply with the Education Improvement Act local maintenance of effort.

(2)   The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The cost of the referendum must be paid by the school district.

(3)   If on the question submitted at the referendum held pursuant to this subsection a majority of the qualified electors voting in the referendum:

(a)   vote in favor of the question, the board of trustees is authorized to operate the school district under the authority granted in the referendum;

(b)   do not vote in favor of the question, the provisions of Act 239 of 1981 apply, except as affected by an act of 2002 bearing ratification number 174.

(B)(1)   Upon a favorable vote in the referendum held pursuant to subsection (A), in any year in which the proposed millage exceeds the increase authorized annually or over a five-year period, as provided for

(2)   The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The cost of the referendum must be paid by the school district.

(3)   If on the question submitted at a referendum held pursuant to this subsection a majority of the qualified electors voting the referendum:

(a)   vote in favor of the question, the board of trustees shall certify the approved millage to the county auditor to be added to the otherwise applicable school millage; or

(b)   do not vote in favor of the question, the millage amount to be collected is limited as provided for in subsection (A).

(C)   The provisions of this joint resolution do not replace, but are in addition to, the provisions of an act of 2002 bearing ratification number 174.

SECTION   2.   This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

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

On motion of Senator KUHN, with unanimous consent.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 715 (Word version) -- Senators McConnell, J. Verne Smith, Hawkins and Peeler: 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.

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 McCONNELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

At 11:25 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 11:30 A.M., 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. 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 SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.

The PRESIDENT then recognized Senator GIESE who introduced the State Easter Seal Representatives and guests:

Representative Askins and Senator McGILL escorted Ra'Quan Brayboy, son of Gracie Brayboy of Lake City;

Representative J. Brown and Senator DRUMMOND escorted Emili Darragh, daughter of Beth Davenport of Greenwood;

Representative Martin and Senator WALDREP escorted Crystal Lynn Beeman, daughter of Pam and Bill Beeman of Anderson.

Senator REESE and Representative Davenport escorted Taylor Gregory, daughter of Shane and Tracy Gregory of Inman;

Senator BRANTON and Representative A. Young escorted Jonathan Philip Cockle, son of Jonathan and Susanne Cockle of Summerville;

Senator SETZLER and Representative Stuart escorted Adam Jumper, son of Lisa and Kevin Jumper of Swansea;

Speaker Wilkins and Senator ANDERSON escorted Luke Brunson, son of Sally Brunson of Greenville; and,

Senator RAVENEL and Representative Miller escorted Raymond Keller of Litchfield.

Senator GIESE also introduced and escorted Harriet Lowe of White Rock, Grand Marshal.

Senator GIESE also recognized John Brooks, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Sergeant Kenneth Barfield, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers Association; and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association and Sammy Ridgeway, State President of the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.

The PRESIDENT declared the portion of the Joint Assembly dealing with "Creating Solutions for Disabilities Day" adjourned and proceeded to the Address by the Chief Justice.

Directly following the portion of the Joint Assembly which called for the "Creating Solutions for Disabilities Day", the PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H. 4705, a Concurrent Resolution adopted by both Houses:

H. 4705 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 6, 2002.

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party were escorted to the rostrum by Senators LAND, McCONNELL, THOMAS, PATTERSON and WALDREP and Reps. Jennings, J. E. Smith, Harrison, Lucas and Rutherford.

The PRESIDENT introduced the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court.

Chief Justice Toal addressed the Joint Assembly, as follows:

As American icons collapsed under the evil acts of our enemies, we were more frightened, more angry, and more confused than at anytime since December 7, 1941.
Through it all, Americans rediscovered what has always been right and good about our way of life: we rolled up our sleeves; we dusted off our sense of charity and saluted firefighters and police officers as heroes and heroines.
Through the ash and smoke and devastation, we saw the clearest evidence of the instability of steel and concrete and the permanence of our beliefs - beliefs which led our nation's founders to adopt the rule of law as the foundation of our national life.
These beliefs...more than two and a quarter centuries in the making...are a central fiber of our public discussion and military action since September 11th.
Time and again, the President and other world leaders have proclaimed, "We will bring them to justice."
Is there a bolder statement of confidence in America's courts than to suggest that we will expose, to the American justice system, most of those suspected of committing terrorist acts?
Why can an American president promise the world that we are prepared to determine the fate of a suspected terrorist in the same forum, by the same rules as we determine the fate of a suspected thief?
We know that in a democracy, the justice system draws its strength from constant principles and consistent practice; everyone is subject to and protected by the same rules. In America, a person accused of committing a terrorist act and a person arrested for exceeding a speed limit have the same expectation - due process of law, an impartial fact-

One of the most awesome of the General Assembly's institutional responsibilities is your duty to select judges. Twenty one of the 50 states select judges by popular election, 26 of the 50 states select judges by appointment of the Governor. Three states use some form of legislative election. South Carolina, has since Colonial times, followed this ruggedly independent course of election of judges by its General Assembly.
Our legislative selection system is rooted in a healthy distrust of putting too much authority in the executive and in a strong desire to assure judicial independence by protecting the selection process from the temporary passions of popular election. Judicial independence is the cornerstone of any system of judgment or dispute resolution. Independence is the hand maiden of fairness and consistency, the hallmarks of a successful judicial system. The perceived absence of

Apart from judicial elections, over the years, the primary method of communicating between our branches has been legislative hearings over a specific bill. Judges have been able to provide their expertise to your debate on a variety of issues. The much needed legislation to reform the Guardian ad Litem system in South Carolina, which is close to passage, is an excellent example. I have discussed with Speaker Wilkins and PRESIDENT Pro Tempore McCONNELL the creation of a Legislative-Judicial Interbranch Forum as an opportunity for representatives of the judicial and legislative branches to exchange information and perspectives as we work together to promote public safety and the preservation of due process. These Interbranch Forums exist in several of our sister states as a collaborative project of the Chief Justice, the PRESIDENT Pro Tempore of the Senate and the Speaker of the House. The forum would come together during the legislature's off season. We hope to announce in the near future the formation of this forum with appointments by each of us, of members of our branch.

Last year, I identified the continued backlog of cases in criminal court - the general sessions of circuit court - as our top management problem. In the past, we have attempted to attack the backlog by increasing the number of circuit court judges. We have not added any trial judges in six years, but our backlogs in all courts continue to soar. I believe we can attack this problem on two fronts: first, by developing

I support continued control by the solicitors of the management of criminal trial dockets in our State. Under the leadership of Justice Costa Pleicones and retired Solicitor Dudley Saleeby, a task force of solicitors, public defenders, private lawyers and clerks of court developed the plan for a pilot model to manage the general sessions docket.
Fifth Circuit Solicitor Barney Giese graciously agreed to pilot a differential case management system in Richland County. This system aims to use fair but set time schedules to streamline the progress of criminal cases without spending additional dollars.
Among those who have contributed to the implementation of this program are: Judge Henry Floyd; Solicitor Barney Giese and his staff, especially Elizabeth Levy; Public Defender Lee Coggiola and her staff; private defense bar including I. S. Leevy Johnson and Joe McCulloch; law enforcement agencies, including Sheriff Leon Lott; Chief/Assistant City Manager Charles Austin; Chief Magistrate William Womble; City Judge Lester Bates and Clerk of Court Barbara Scott and her staff.
While the program is only in the beginning stages, early signs of cooperation are encouraging. This is the sort of innovative problem-solving mechanism that I sought to implement without the expenditure of additional funds but rather through bringing together all the players in the system to effect a positive change. What this really boils down to is fostering cooperation and getting everyone to agree to follow a fairly strictly delineated set of rules.
A positive outgrowth of the formation of the committee is that it has encouraged others including Trey Gowdy, the Solicitor in the Seventh Circuit, Ralph Hoisington in the Ninth Circuit, Greg Hembree in the Fifteenth, Bob Ariail in the Thirteenth, Barbara Morgan in the Second, and others to institute similar programs. Of course, Solicitor Tommy Pope of the Sixteenth and Donnie Myers of the Eleventh have been using their own models for several years. They provide great leadership in this venture. In short, the cooperation among the solicitors throughout the State, in the effort to reduce case backlog, has been very significant.

Last year, I identified as our principal management goal the delivery of fair, compassionate, effective and timely justice through the use of

In South Carolina, as in the nation, your state court system handles better than 95% of all criminal cases. The vast majority of criminal defendants whose cases are processed through our state system are represented by public defenders or other attorneys compensated

As resource allocation becomes tighter, South Carolina should examine its court fines and fee structure to determine whether the users of the system are contributing their fair share to its operation. Both the House Ways and Means Committee and the Senate Finance Committee have under consideration various proposals. I support the efforts by our clerks of court to revise the filing fees. I urge that, before any revision is adopted, you take a comprehensive look at the entire fees and fines structure. I am committed to working with local government and with you to develop a modern court fees and fines structure.

The central theme of my approach to the management of your court system is partnership. In many states, the court system is administered by a large, centralized bureaucracy. In South Carolina, management of our system is centered in the 46 clerks of court. The Constitution requires that the Chief Justice provide the administrative leadership.
In this time of scarce resources, the clerks and I are using our combined talents and resources to keep our system going. Partnerships with law enforcement and with our solicitors are an additional way of squeezing the maximum from scarce financial resources. All these partnerships begin with you.
While current economic turbulence may make our present course somewhat uncertain, the future is as bright and solid and undaunted as is the bedrock optimism of our people. Shakespeare's injunction that the tide in the affairs of men must be taken at the flood is exactly the right course for your court system. We will be bold. We will do more

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 PRESIDENT.

At 12:30 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Thursday, June 25, 2009 at 1:16 P.M.