SENATE JOURNAL for Mar. 12, 2003 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Wednesday, March 12, 2003
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 2:00 P.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, King David had many wonderful experiences in his life; hear one of his songs to the ages, Psalm 34:7-8:

"The angel of the Lord encamps around those who fear Him, and delivers them.

O taste and see that the Lord is good!"
Let us pray.

Father we do believe in angels, whether they are Your messengers or agents, or whether they are the extension of YOUR OWN POWER in our lives.

We return to you an angel, Private First Class Spence A. McNeil, age 19, of Bennettsville killed in Saudi Arabia while serving his country yesterday. Hear, O Lord, our silent prayer for his family!

Perhaps You may choose us to be Your angels to say the things, and do the things that will steadily bring in the reign of the Kingdom of God in fact.
Amen!

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2796
Agency: Board of Education
Subject: Half-Day Child Development Programs
Received by Lieutenant Governor January 14, 2003
Referred to Education Committee
Legislative Review Expiration May 13, 2003
Revised May 15, 2003
Committee Requested Withdrawal March 10, 2003
Withdrawn and Resubmitted March 12, 2003

Doctor of the Day

On behalf of Senator COURSON, Senator GIESE introduced Dr. Vincent Degenhart of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator RITCHIE, at 2:05 P.M., Senator KUHN was granted a leave of absence for today and tomorrow.

CO-SPONSOR REMOVED

S. 383 (Word version) -- Senators Ritchie, Richardson, Kuhn, Martin, Verdin, Ryberg, Ravenel, Mescher, Grooms, Knotts, Peeler, Waldrep, Fair, Gregory and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO EXEMPT FROM THE STATE EMPLOYEE PROCEDURE ACT STATE EMPLOYEES WHO REPORT DIRECTLY TO AN AGENCY HEAD OR CONSTITUTIONAL OFFICER, AND STATE EMPLOYEES WHO REPORT DIRECTLY TO THIS FIRST CATEGORY OF EMPLOYEES, TO EXEMPT ALL STATE EMPLOYEES WHO RECEIVE ANNUALIZED COMPENSATIONS OF AT LEAST FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THESE EXEMPTIONS DO NOT APPLY TO TEACHING AND RESEARCH FACULTY AT A FOUR-YEAR POST-SECONDARY EDUCATIONAL INSTITUTION, AND TO GIVE THESE NEW EXEMPTIONS PROSPECTIVE EFFECT.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was removed as a co-sponsor of S. 383.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 476 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 6-1-570 AND 6-1-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF THE LOCAL ACCOMMODATIONS TAX AND THE LOCAL HOSPITALITY TAX, SO AS TO PROVIDE FOR THE TAXES TO BE REPORTED, PAID, COLLECTED, AND ENFORCED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AS IF THESE TWO TAXES WERE STATE SALES TAXES, TO REQUIRE LOCAL GOVERNING BODIES TO FILE A CERTIFIED COPY OF THE IMPOSITION ORDINANCE WITH THE DEPARTMENT OF REVENUE AND PROVIDE FOR THE DATE THE TAX IS IMPOSED FOLLOWING THIS FILING, TO ALLOW THE DEPARTMENT TO RETAIN AN AMOUNT OF THE REVENUE NOT TO EXCEED ONE PERCENT FOR ITS COSTS OF ADMINISTRATION, TO REQUIRE THE BALANCE OF THE REVENUE TO BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY AND REMITTED NOT LESS THAN MONTHLY TO THE LOCAL GOVERNING BODY IMPOSING THE TAX, AND TO PROVIDE FOR THE TRANSITION FROM LOCAL TO STATE COLLECTION OF THESE TAXES.
l:\council\bills\ggs\22899htc03.doc

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

S. 477 (Word version) -- Senators Ritchie, Ford and Leventis: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
l:\s-jud\bills\ritchie\jud0052.jhr.doc

Senator RITCHIE spoke on the Bill.

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

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
l:\s-res\wgr\009salv.mrh.doc

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

S. 479 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11352ac03.doc

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

S. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.
l:\council\bills\ggs\22876htc03.doc

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

S. 481 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
l:\council\bills\gjk\20301sd03.doc

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

S. 481 -- Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, S. 481 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 482 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO COMMEND BOBBY COBIN OF BERKELEY COUNTY FOR THE COURAGE AND HEROISM HE RECENTLY DISPLAYED WHEN HE SUFFERED INJURIES WHILE ATTEMPTING TO EXTINGUISH A FIRE IN HIS FAMILY'S HOME AND RESCUING HIS MOTHER AND THREE SIBLINGS FROM THE DWELLING.
l:\council\bills\swb\5278cm03.doc

The Senate Resolution was adopted.

H. 3747 (Word version) -- Reps. Owens, Trotter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS LAURIE JONES OF EASLEY ON RECEIVING THE 2003 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER COMMITMENT TO GIVING HELP AND HOPE TO THE PEOPLE OF PICKENS COUNTY.

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

H. 3748 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND WILLIAM F. MAHON OF COLUMBIA FOR HIS OUTSTANDING SERVICE AS CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, CONGRATULATE HIM ON HIS MANY ACHIEVEMENTS ON BEHALF OF THE MEDICAL COMMUNITY AND ON RECEIVING THE MEDICAL EXECUTIVE ACHIEVEMENT AWARD, AND EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3753 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MARY LOIS GERALD OF DILLON FOR HER DEDICATED SERVICE AND FIRM COMMITMENT TO MARION COUNTY AND ITS CITIZENS BY ENSURING THE BETTERMENT OF THE COMMUNITY THROUGH HER LEADERSHIP IN MANY LOCAL SETTINGS, INCLUDING HER MEMBERSHIP ON THE MARION REGIONAL HOSPITAL SYSTEM'S BOARD OF TRUSTEES AND TO RECOGNIZE MRS. GERALD FOR THE ACCOMPLISHMENTS SHE HAS ENJOYED THROUGHOUT HER LIFE.

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

H. 3754 (Word version) -- Reps. Harrison, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

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

H. 3765 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ADMIRATION OF THE BRAVE MEN AND WOMEN OF SOUTH CAROLINA SERVING IN THE UNITED STATES ARMED FORCES, INCLUDING THE NATIONAL GUARD AND RESERVES, AND TO WISH THEM GODSPEED IN THEIR DANGEROUS MISSIONS INVOLVING THE WAR ON TERRORISM AND IRAQ AND A SAFE RETURN FROM HARM'S WAY.

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

REPORTS OF STANDING COMMITTEES

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

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.