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, hear the Psalmist in Psalms 34:11-12:
"Come, O children, listen to me; I will teach you the fear of the Lord.
Which of you desires life, and covets many, many days to enjoy good?"
Let us pray.
Father, sometimes, some of us have a sickening feeling that our country may be sliding into a secular state!
God forbid!
Hear our prayers that we may continue to be ONE NATION UNDER GOD!
As a State, support us, O Lord, as we say with Longfellow:
"Thou, too, sail on, O Ship of State...
Our hearts, our hopes, are all with thee.
Our hearts, our hopes, our prayers, our tears,
Our faith, triumphant o'er our fears,
Are all with thee, are all with thee."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Cely Anne Baker, P. O. Box 773, Darlington, S.C. 29540 VICE Glynn Atkinson (resigned)
Initial Appointment, Solicitor, with term to commence December 31, 2003, and to expire at the next general election and until a successor shall qualify
1st Judicial Circuit
Robert D. Robbins, Suite 102, 140 North Main St., Summerville, S.C. 29483 VICE Walter M. Bailey, Jr. (resigned)
Referred to the Committee on Judiciary.
Senator KNOTTS introduced Dr. John G. Black of Lexington, S.C., Doctor of the Day.
On motion of Senator HUTTO, at 11:05 A.M., Senator SHORT was granted a leave of absence for today.
Senator THOMAS rose for an Expression of Personal Interest.
Senators from Greenville -- Senators SMITH, ANDERSON, VERDIN, and FAIR, I want to make sure that you are listening as I speak of the tragedy of the fire at the Comfort Inn that resulted in six deaths this past weekend. Senator VERNE SMITH and Speaker David Wilkins were quoted extensively in the Greenville News about this tragedy.
At this time, I have heard from authoritative fire personnel sources, not the SLED investigation, that the fire appears to have been arson. A can of gasoline appears to have been poured out at the doorway on the third floor of the Comfort Inn and the fire set intentionally.
This tragedy raises a lot of questions about safety of public buildings in our State. I have been advised that of our approximately 1,400 schools, Senator from Lexington, only two hundred have sprinkler systems.
As in the Columbine tragedy, we see from the Greenville fire the kind of damage that can be done by one individual who has gone crazy and commits an appalling act.
At this point in time, I think we have to rethink everything, and, particularly, new construction. Approximately $1 billion dollars of construction is underway in Greenville. If my source is correct about the number of sprinklers in these new facilities, many are somehow exempt from that sprinkler requirement. I bring this up because, in point and fact, I think we need to look at the whole system.
I stand to be corrected, and I will apologize if this is incorrect, but I have been advised that four hours after the fire, the Wade Hampton Fire Department attempted to get the Fire Marshal to come to Greenville to help with the investigation, and for hours and hours there was no response to their call. And, as I understand, that whole Sunday there was no response from the Fire Marshal's office. Perhaps this did not fall within their realm of responsibility, so I stand to be corrected about the scope of their duties. I would have thought the Fire Marshal would have participated when you have multiple deaths as a result of a fire. In this case, six people died a horrible death. Again, I would have thought that the Fire Marshal, or one of his assistants, would have been there promptly. He was called four hours after the fire was reported to the Wade Hampton Fire Department on Saturday, and even through Sunday there was no one present from the Fire Marshal's Office on site.
SLED is conducting the investigation, not the State Fire Marshal. I do not have a reason to believe the Fire Marshal is not doing everything he should be doing to help us with safety in the State. So I'm not trying to attack the Fire Marshal. There could be many explanations as to where the Fire Marshal or his staff was. But, ladies and gentlemen of the Senate, when six people die like this, and it could have been stopped, my sources tell me, by a sprinkler system, and you know you don't have sprinkler systems in the schools in our State to any appreciable degree, I think this issue deserves a very serious look.
I want to congratulate and thank Senator VERNE SMITH who spoke up immediately about the need to really begin looking at this. And, as we begin asking questions this year and begin to determine what we can do as a legislature, I hope you'll understand our interest is not just theoretical; our interest is very real and involves the lives of human beings that could very well be in your county or your city next. And, whether it is a revision of the sprinkler system laws for our schools our whatever it is going to take, we have to start a serious investigation into this matter. And, sometimes, as the Senator from Greenville pointed out, the Speaker pointed out it takes tragedy to really get us going in that direction.
Thank You.
On motion of Senator COURSON, with unanimous consent, Senator THOMAS' remarks were ordered printed in the Journal.
S. 863 (Word version) -- Senators Fair and Thomas: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 863.
The following were introduced:
S. 874 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER OF SERVICE TO THE AFRICAN METHODIST EPISCOPAL CHURCH, HIS COMMUNITY, AND NATION OF BISHOP JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF HIS RETIREMENT AND JOINING HIS FAMILY, COLLEAGUES, AND MANY FRIENDS IN WISHING HIM YEARS OF GOOD HEALTH AND HAPPINESS TO ENJOY THE FRUITS OF HIS LABORS AND HIS MANY ACCOMPLISHMENTS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 875 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE DISTINGUISHED CAREER AND DEDICATED SERVICE OF THE MOST REVEREND FREDERICK HILLBORN TALBOT, BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO EXTEND TO HIM BEST WISHES FOR GOOD HEALTH AND HAPPINESS IN HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 876 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXTOL BISHOP FRANK CURTIS CUMMINGS FOR HIS SERVICE AND DEVOTION TO THE AFRICAN METHODIST EPISCOPAL CHURCH, AND TO RECOGNIZE HIS OUTSTANDING CONTRIBUTIONS UPON THE OCCASION OF HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 877 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF AFRICAN METHODIST EPISCOPAL CHURCH BISHOP VERNON RANDOLPH BYRD UPON THE OCCASION OF HIS RETIREMENT AND WISHING HIM GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 878 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO BISHOP HENRY ALLEN BELIN, JR. OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DECADES OF SPIRITUAL LEADERSHIP AND BEST WISHES FOR A LONG AND FRUITFUL RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 879 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE NUMEROUS AND SIGNIFICANT CONTRIBUTIONS OF BISHOP ZEDEKIAH LAZETT GRADY TO THE AFRICAN METHODIST EPISCOPAL CHURCH ON THE OCCASION OF HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 880 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF BISHOP VINTON RANDOLPH ANDERSON UPON HIS RETIREMENT IN FEBRUARY, 2004, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 881 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BISHOP HAMEL HARTFORD BROOKINS FOR HIS DISTINGUISHED CAREER AS A MINISTER AND BISHOP OF THE AME CHURCH UPON HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 882 (Word version) -- Senators Grooms, Matthews, Pinckney and Hutto: A SENATE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE EFFORTS MADE AT THE UNIVERSITY OF SOUTH CAROLINA SALKEHATCHIE IN MEETING THE NEEDS OF THE CITIZENS IN A FIVE-COUNTY AREA AND OVERCOMING CHALLENGES ASSOCIATED WITH BEING LOCATED IN A POOR, RURAL AREA TO BECOME A DYNAMIC FORCE IN THE AREA BY EDUCATING PEOPLE AND CREATING JOBS.
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The Senate Resolution was adopted.
S. 883 (Word version) -- Senators Fair, Ryberg, Waldrep, Short, Thomas, Mescher, Verdin and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO ALLOW A COURT TO LIMIT THE NUMBER OF LAWSUITS FILED AGAINST A PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES; 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 CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 884 (Word version) -- Senator Setzler: A JOINT RESOLUTION ALLOWING RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM A ONE-TIME OPPORTUNITY TO REVOKE THEIR RETIREMENT ALLOWANCE OPTION AND ELECT ANOTHER OPTION, AND TO ALLOW THIS REVOCATION AND ELECTION FROM SEPTEMBER 1, 2004, THROUGH OCTOBER 31, 2004.
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Read the first time and referred to the Committee on Finance.
S. 885 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-37-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT IN DETERMINING THE FAIR MARKET VALUE OF A NEW MOTOR VEHICLE FOR AD VALOREM PROPERTY TAX PURPOSES TO WHICH THE APPLICABLE ASSESSMENT APPLIES, THE COUNTY AUDITOR SHALL USE THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE VEHICLE, THE VALUE PUBLISHED IN THE GUIDE OF THE DEPARTMENT OF REVENUE, OR THE ACTUAL PRICE PAID BY THE OWNER BASED ON THE BILL OF SALE, WHICHEVER IS LOWER.
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Read the first time and referred to the Committee on Finance.
S. 886 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CUTTING, REMOVING, OR TRANSPORTING TIMBER, LOGS, OR LUMBER WITHOUT PERMISSION, SO AS TO INCLUDE THE FRAUDULENT TAKING OF FOREST PRODUCTS AND PINE STRAW, AND PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 887 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Courson, Fair, Ford, Glover, Hawkins, Hayes, Jackson, Knotts, Leatherman, Martin, Mescher, Patterson, Peeler, Ritchie, Ryberg, Verdin and Setzler: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
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Read the first time and referred to the Committee on Judiciary.
S. 888 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 889 (Word version) -- Senator Land: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Judiciary.
S. 890 (Word version) -- Senators Leatherman and Drummond: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE JEFFERSON VERNE SMITH OF GREER TO BE PLACED IN THE SENATE CHAMBER, LONGTIME AND BELOVED SENATOR FROM THE FIFTH SENATORIAL DISTRICT, A LOYAL AND COMPASSIONATE PUBLIC SERVANT AND A DISTINGUISHED STATESMAN.
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On motion of Senator LEATHERMAN, with unanimous consent, the Senate Resolution was introduced and ordered placed on the Calendar without reference.
H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, Miller, R. Brown, Battle, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Read the first time and referred to the Committee on Judiciary.
H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Medical Affairs.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004.
The House returned the Concurrent Resolution with amendments.
On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 873 (Word version) -- Senators Peeler, Ritchie, Hawkins, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Pinckney, Rankin, Ravenel, Reese, Richardson, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE THE COACHES, PLAYERS, AND FANS OF THE NATIONAL FOOTBALL LEAGUE'S CAROLINA PANTHERS IN SHOWING TREMENDOUS COURAGE, DEDICATION, AND DESIRE DURING THE 2003-2004 SEASON IN ACHIEVING THE FRANCHISE'S FIRST EVER TRIP TO THE SUPER BOWL.
Returned with concurrence.
Received as information.
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
The House returned the Bill with amendments.
Senator HUTTO spoke on the Bill.
Senator McCONNELL spoke on the Bill.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over, not to be taken up for consideration before Wednesday, February 4, 2004.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.
Senator HAYES explained the Bill.
H. 3256 (Word version) -- Reps. Kirsh, Simrill and Richardson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
Senator LEVENTIS proposed the following amendment (4016R002.PPL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Notwithstanding any other provision of law, the University of South Carolina Sumter is authorized to offer four-year degrees at the Sumter campus. The provisions of this section are contingent upon the local governments in USC Sumter's service area providing additional funding for USC Sumter of two hundred fifty thousand dollars per year. The degree programs, as well as a schedule for their implementation, must be established by USC Sumter in conjunction with the Commission on Higher Education, and the Commission on Higher Education must promulgate regulations to effectuate the intent of this section. However, prior approval of the Commission on Higher Education to establish these degree programs is not required. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Drummond Elliott Ford Glover Hutto Jackson Knotts Land Leventis Malloy Matthews McConnell McGill Moore Patterson Pinckney Rankin Reese Verdin
Alexander Courson Fair Giese Gregory Grooms Hawkins Hayes Kuhn Leatherman Martin Mescher Peeler Richardson Ritchie Ryberg Setzler Smith, J. Verne Waldrep
The amendment was adopted.
Senator RYBERG objected to further consideration of the Bill.
S. 870 (Word version) -- Senators J. Verne Smith, Drummond, Alexander, Anderson, Branton, Courson, Cromer, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE ERNEST FREDERICK "FRITZ" HOLLINGS OF CHARLESTON TO BE PLACED IN THE SENATE CHAMBER AS A TRIBUTE TO THIS GREAT SOUTH CAROLINIAN AND DISTINGUISHED STATESMAN.
The Resolution was adopted.
S. 866 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS COLORECTAL CANCER AWARENESS MONTH IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted and ordered sent to the House.
S. 858 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 261 IN CLARENDON COUNTY THE "MANNY MOORE INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "MANNY MOORE INTERCHANGE".
The Resolution was adopted and ordered sent to the House.
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following amendment (BBM\9923SL03):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __.A. Section 58-9-2200(6) of the 1976 Code, as added by Act 112 of 1999, is amended to read:
"(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this location is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer gives to the service provider, provided that the billing address is within the licensed service area of the service provider. A sale of postpaid calling services is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller's telecommunications system; or (ii) information received by the seller from its service provider, if the system used to transport such signals is not that of the seller."
B. Section 58-9-2200 of the 1976 Code, as added by Act 112 of 1999, is amended by adding an appropriately numbered item at the end to read:
"( ) 'Postpaid calling service' means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a telephone number that is not associated with the origination or termination of the telecommunications service."
C. Section 58-9-2220 (2) of the 1976 Code, as added by Act 112 of 1999, is amended to read:
"(2)(a) The maximum business license tax that may be levied by a municipality on the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality for a business license tax year beginning after 2003 is the lesser of seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services or the maximum business license tax rate as calculated by the Board of Economic Advisors pursuant to subsection (b). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(b) The Board of Economic Advisors from the appropriate municipal records shall determine actual total municipal revenues from business license taxes, franchise fees, and other fees contractually imposed on the sale of telecommunications services and received from telecommunications companies in 1998, and actual total revenues received by municipalities in 1999, 2000, 2001, 2002, and 2003 from such taxes and fees imposed on the gross income derived from the sale of retail telecommunications services. The board shall determine an annual average growth rate applicable to such revenues by averaging the annual growth rates applicable to these revenues for 1999-2000, 2000-2001, 2001-2002, and 2002-2003 and shall apply that average growth rate to the 1998 actual revenues compounded annually to derive an estimated 2004 total revenue. The tax rate to be calculated by the board is the fraction produced by dividing the 2004 estimated revenue as determined above by gross income actual total revenues received by municipalities in 2003 derived from the sale of retail telecommunications services in municipalities in this State.
(c) If the maximum business license tax rate that may be levied by a municipality on retail telecommunications services, as determined by the Board of Economic Advisors, is calculated or determined to exceed seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services a joint telecommunications study committee shall review the maximum business license tax calculation, as determined by the Board of Economic Advisors, and verify the maximum business license tax calculation. Upon verification of the maximum business license tax calculation, the joint telecommunications study committee must sponsor a joint resolution to allow a municipality to levy the maximum business license tax rate greater than seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunications services.
(d) The joint telecommunications study committee shall consist of six members of the General Assembly: three Senators appointed by the President Pro Tempore of the Senate and three Representatives appointed by the Speaker of the House. The joint telecommunications study committee shall utilize the staff and resources of the Labor, Commerce and Industry Committee of the House of Representatives and the Judiciary Committee of the Senate. The joint telecommunications study committee is authorized to verify the maximum business license tax rate determined by the Board of Economic Advisors.
(3) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(4) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(5) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(6) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality."
SECTION __. Section 58-27-865 of the 1976 Code, as last amended by Act 348 of 1996, is further amended to read:
"Section 58-27-865. (A) The words 'fuel cost' as used in this section shall include the cost of fuel, fuel costs related to purchased power, and the cost of SO2 emission allowances as used and shall be reduced by the net proceeds of any sales of SO2 emission allowances by the utility.
(B) In order to clarify the intent of this statue, 'fuel costs related to purchased power', as used in subsection (A) shall include:
(1) costs of firm generation capacity purchases, which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels. 'Costs of firm generation capacity purchases' shall include either:
(a) the actual cost of fuel for energy delivered under firm generation capacity purchases, if identifiable by the seller; otherwise,
(b) the total delivered costs of firm generation capacity purchased excluding only generation capacity reservation charges and generation capacity option charges.
(2) the total delivered cost of economy purchases of electric power, including without limitation, transmission charges. 'Economy purchases' are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility's avoided variable costs for the generation of an equivalent quantity of electric power.
(C) The commission shall direct each electrical utility which incurs fuel cost for the sale of electricity to submit to the commission, within such time and in such form as the commission may designate, its estimates of fuel costs for the next twelve months. The commission may hold a public hearing at any time between the twelve-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel cost should be granted. Upon investigation of the estimate and conducting public hearings in accordance with law, the commission shall direct each company to place in effect in its base rate an amount designed to recover, during the succeeding twelve months, the fuel costs determined by the commission to be appropriate for that period, adjusted for the over-recovery or under-recovery from the preceding twelve-month period. The commission shall direct the electrical utilities to send notice to the utility customers with the antecedent billing of the time and place of the public hearings to be held every twelve months, and the commission shall again direct the electrical utilities to send notice to the utility customers with the next billing if the utility is granted a rate increase by the commission.
(C)(D) The commission shall direct the electrical utilities to account monthly for the differences between the recovery of fuel costs through base rates and the actual fuel costs experienced, by booking the difference to unbilled revenues with a corresponding deferred debit or credit, the balance of which will be included in the projected fuel cost component of the base rates for the succeeding period. The commission shall direct the electrical utilities to submit monthly reports of fuel costs and monthly reports of all scheduled and unscheduled outages of generating units with a capacity of one hundred megawatts or greater.
(D)(E) Upon request by the commission staff, the electrical utilities, or the Consumer Advocate, a public hearing must be held by the commission at any time between the twelve-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel costs should be granted. If the request is by an electrical utility for a rate increase, the commission shall direct the utility to send notice of the request and hearing to all customers with the next billing, and if the commission grants the rate request subsequent to the request and hearing, the commission shall direct the utility to send notice of the amount of the increase or decrease to all customers with the next billing.
(E)(F) The commission may offset, to the extent considered appropriate, the cost of fuel recovered through sales of power pursuant to interconnection agreements with neighboring electrical utilities against fuel costs to be recovered.
(F)(G) The commission shall disallow recovery of any fuel costs that it finds without just cause to be the result of failure of the utility to make every reasonable effort to minimize fuel costs or any decision of the utility resulting in unreasonable fuel costs, giving due regard to reliability of service, economical generation mix, generating experience of comparable facilities, and minimization of the total cost of providing service. There shall be a rebuttable presumption that an electrical utility made every reasonable effort to minimize cost associated with the operation of its nuclear generation facility or system, as applicable, if the utility achieved a net capacity factor of ninety-two and one-half percent or higher during the period under review. The calculation of the net capacity factor shall exclude reasonable outage time associated with reasonable refueling, reasonable maintenance, reasonable repair, and reasonable equipment replacement outages; the reasonable reduced power generation experienced by nuclear units as they approach a refueling outage; the reasonable reduced power generation experienced by nuclear units associated with bringing a unit back to full power after an outage; Nuclear Regulatory Commission required testing outages unless due to the unreasonable acts of the utility; outages found by the commission not to be within the reasonable control of the utility; and acts of God. The calculation also shall exclude reasonable reduced power operations resulting from the demand for electricity being less than the full power output of the utility's nuclear generation system. If the net capacity factor is below ninety-two and one-half percent after reflecting the above specified outage time, then the utility shall have the burden of demonstrating the reasonableness of its nuclear operations during the period under review.
(G)(H) The commission is authorized to promulgate, in accordance with the provisions of this section, all regulations necessary to allow the recovery by electrical utilities of all their prudently incurred fuel costs as precisely and promptly as possible, in a manner that tends to assure public confidence and minimize abrupt changes in charges to consumers."
SECTION __. Section 58-9-5786(A) of the 1976 Code, as added by Act 354 of 1996 is amended to read:
"(A) Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), provided the commission has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC or the commission determines that another provider's service competes with the LEC's basic local exchange telephone service, or the LEC is a 'small local exchange carrier' as defined by Section 58-9-10(14)." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator LEVENTIS spoke on the Resolution.
At 12:22 P.M., Senator MARTIN assumed the Chair.
Senator LEVENTIS argued contra to the third reading of the Resolution.
Senator LEATHERMAN asked unanimous consent to make a motion, with Senator LEVENTIS retaining the floor on S. 532, that the Senate proceed to a consideration of H. 3448.
Senator FORD objected.
Senator LEVENTIS argued contra to the third reading of the Resolution.
On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by adjournment, with Senator LEVENTIS retaining the floor on S. 532.
Having received a favorable report from the Darlington County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Cely Anne Baker, P. O. Box 773, Darlington, S.C. 29540 VICE Glynn Atkinson (resigned)
On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of William Robert "Bobby" Douglas, Sr., age 82, Probate Judge from Gaffney, S.C., for the past 52 years who had the distinction of being the longest serving Probate Judge in South Carolina and the oldest serving Probate Judge in the State.
Senator McCONNELL moved that, when the Senate adjourns on Friday, January 30, 2004, it stand adjourned to meet next Tuesday, February 3, 2004, at 12:00 Noon, which motion was adopted.
At 12:48 P.M., on motion of Senator McCONNELL, 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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