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

Wednesday, January 23, 2002
(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, hear words from St. Paul, recorded in Romans 12:9:

"Let love be genuine, hate what is evil,

Hold fast to what is good."
Let us pray.

Father, You know we are living in perplexing times.

We are hearing from so many people telling us so many things, advising us to go in so many directions, that, at times, our duty becomes blurred and uncertain.

We need some guiding stars, some sense of proportion, some priorities of loyalties, some clear focus of most important purposes.

St. Paul's words sound good, but we are down on the ground... so we pray the prayer of the Psalmist (Ps. 27:11):

"Teach me Your way, O lord; and lead me on a level path."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Local Appointments

Initial Appointment, Barnwell County Probate Judge, with term to commence June 30, 2001, and to expire January 1, 2003:

Branna Woodward Williams, P. O. Box 90, Barnwell, S.C. 29812

Initial Appointment, Georgetown County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007:

Benjamin H. Culbertson, P. O. Box 943, Georgetown, S.C. 29442

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2623
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Permitting Body Piercing
Received by Lieutenant Governor June 21, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 7, 2002
House 3M Committee Requested Withdrawal January 22, 2002
120 Day Period Tolled
Withdrawn and Resubmitted January 22, 2002

Doctor of the Day

Senator SHORT introduced Dr. Roger A. Gaddy of Winnsboro, S.C., Doctor of the Day.

CO-SPONSORS ADDED

S. 860 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.

On motion of Senator HAWKINS, with unanimous consent, the names of Senators ALEXANDER, BRANTON, COURSON, FAIR, GIESE, GREGORY, GROOMS, HAYES, LEATHERMAN, MARTIN, McGILL, MESCHER, O'DELL, RAVENEL, RICHARDSON, J. VERNE SMITH, THOMAS, VERDIN and WALDREP were added as co-sponsors of S. 860.

CO-SPONSORS ADDED

S. 819 (Word version) -- Senators Courson, Leventis, Grooms and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2942 SO AS TO PROVIDE THAT THE CLERK OF THE COURT IN WHICH A PERSON IS CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, ANOTHER DRUG, OR A COMBINATION OF DRUGS OR SUBSTANCES MUST PUBLISH AT THE EXPENSE OF THE CONVICTED PERSON A NOTICE OF THE PERSON'S CONVICTION AND HIS PICTURE IN THE MANNER LEGAL NOTICES ARE PUBLISHED IN THE COUNTY IN WHICH THE PERSON RESIDES OR, FOR NONRESIDENTS, IN THE COUNTY IN WHICH THE PERSON WAS CONVICTED.

On motion of Senator COURSON, with unanimous consent, the names of Senators HAYES, PEELER, FAIR, THOMAS, MARTIN, RYBERG, HAWKINS, GREGORY, GIESE, J. VERNE SMITH, LEATHERMAN, McCONNELL, and VERDIN were added as co-sponsors of S. 819.

CO-SPONSOR ADDED

S. 906 (Word version) -- Senators Richardson, Kuhn, Ravenel, Mescher, Leventis and Pinckney: A JOINT RESOLUTION DIRECTING THE SOUTH CAROLINA STATE PORTS AUTHORITY TO SELL ITS DANIEL ISLAND PROPERTY, TO ALLOW PERSONS WHOSE PROPERTY WAS ACQUIRED BY THE AUTHORITY FOR THE DANIEL ISLAND RAILWAY AND ROADWAY RIGHTS-OF-WAY FIRST REFUSAL TO REPURCHASE AT THE AUTHORITY'S PURCHASE PRICE, TO PROVIDE THAT THE REVENUE OF THESE SALES MUST BE USED FOR STATE PORT CONSTRUCTION WITH GENERAL ASSEMBLY APPROVAL REQUIRED FOR NEW PORT TERMINALS AND FOR A CONTRIBUTION TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, AND TO PROVIDE THE PAYMENT AMOUNT AND METHOD.

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 906.

RECALLED

S. 868 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE EASTERN TOWN BOUNDARY OF CALHOUN FALLS THE "GRADY L. PATTERSON, JR. HIGHWAY" IN HONOR OF THE DEDICATION, LOVE, AND SERVICE GRADY L. PATTERSON, JR., HAS EXHIBITED OVER HIS LIFETIME FOR HIS STATE AND COUNTRY, CULMINATING IN HIS WORK AS THE STATE TREASURER OF SOUTH CAROLINA AND HIS PROMOTION TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA AIR NATIONAL GUARD.

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 914 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE AND REQUIREMENTS FOR ELIGIBILITY, SO AS TO INCLUDE REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS/MANAGEMENT ASSOCIATIONS FUNDED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
l:\council\bills\nbd\11095ac02.doc

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

S. 915 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET PROCESS, SO AS TO PROVIDE THAT CERTAIN INFORMATION PROVIDED TO THE GOVERNOR FOR THE UNDERTAKINGS OF STATE GOVERNMENT BE SENT TO THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE, TO PROVIDE THAT THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE CONSTITUTE A JOINT APPROPRIATION COMMITTEE WHICH SHALL MEET TO CONSIDER AND ESTABLISH THE PROJECTED ANNUAL REVENUE AND CERTAIN REQUIRED ALLOCATIONS ON WHICH THE ANNUAL GENERAL APPROPRIATION BILL MUST BE BASED AND TO PROVIDE THAT THE BILL WHICH RECEIVES THIRD READING FIRST IN EITHER BODY SHALL BE THE RECORD BILL FOR PURPOSES OF FINAL PASSAGE AND TO REPEAL SECTIONS 11-11-100 AND 11-11-140.
l:\s-resmin\bills\moore\smin2005.tlm.doc

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

S. 916 (Word version) -- Senator Fair: A BILL TO AMEND SECTIONS 12-21-1020, 12-21-1030, 12-21-1120, AND 12-21-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEER AND WINE LICENSE TAX, AND THE ADDITIONAL WINE EXCISE TAX, SO AS TO INCREASE THE BEER TAX FROM SIX-TENTHS TO ONE AND TWO-TENTHS CENTS AN OUNCE AND TO INCREASE THE WINE TAX FROM NINETY CENTS TO ONE DOLLAR EIGHTY CENTS A GALLON OR FRACTION OF A GALLON AND PROVIDE PROPORTIONAL INCREASES FOR OTHER MEASURES OF THE WINE TAX AND TO INCREASE THE ADDITIONAL WINE EXCISE TAX FROM EIGHTEEN TO THIRTY-SIX CENTS A GALLON, AND TO PROPORTIONATELY INCREASE ON OTHER MEASURES OF THE ADDITIONAL WINE EXCISE TAX AND TO AMEND SECTION 12-21-1120, RELATING TO THE DISPOSITION OF BEER AND WINE TAX REVENUE, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUE OF THE BEER AND WINE TAX FOR FISCAL YEARS 2002-2003, 2003-2004, AND 2004-2005 MUST BE USED FOR THE EXPENSES OF THE SOUTH CAROLINA HIGHWAY PATROL IN PROVIDING HOMELAND DEFENSE, THE MEDICAID PROGRAM, AND THE DEPARTMENT OF CORRECTIONS.
l:\council\bills\nbd\11096htc02.doc

Senator FAIR spoke on the Bill.

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

S. 917 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF DIETETICS; TO ESTABLISH THE ADVISORY PANEL FOR DIETETICS AND THE DISCIPLINARY PANEL FOR DIETETICS AND TO PROVIDE FOR THEIR POWERS AND DUTIES; TO ESTABLISH FEES; AND TO PROVIDE PENALTIES.
l:\council\bills\nbd\11048ac02.doc

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

S. 918 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA MANUFACTURERS ALLIANCE (SCMA) ON ITS ONE HUNDREDTH ANNIVERSARY, AND SALUTING THE SCMA FOR ITS CENTURY OF LEADERSHIP AND SERVICE TO THE PALMETTO STATE.
l:\council\bills\pt\1731sd02.doc

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

S. 919 (Word version) -- Senators Hayes, Alexander, J.Verne Smith, Thomas and Gregory: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS' REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "APPROPRIATE SUPERVISORY OFFICE" REFERENCES TO THE SENATE AND HOUSE ETHICS COMMITTEES AND DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; BY ADDING SECTION 8-13-365 SO AS TO REQUIRE THE ETHICS COMMISSION TO ESTABLISH A SYSTEM OF ELECTRONIC FILING, REQUIRE DISCLOSURES AND FILINGS BE FILED ELECTRONICALLY, AND RECEIPTS OR EXPENDITURES BE REPORTED ELECTRONICALLY WITH CERTAIN TIMES; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AND REQUIRE THE OCCUPATION AND EMPLOYER BE MAINTAINED BY THE CANDIDATE, COMMITTEE, OR BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION TO FILE AN INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; AND TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
l:\council\bills\pt\1732dw02.doc

Senator HAYES spoke on the Bill.

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

S. 920 (Word version) -- Senators Elliott and Short: A BILL TO AMEND SECTION 12-28-2730 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE THAT MATTERS RELATING TO THE APPROVAL OF PROJECTS FUNDED UNDER THIS PROGRAM ARE UNDER THE JURISDICTION OF A COUNTY WATER RECREATIONAL RESOURCES FUND COMMITTEE.
l:\council\bills\dka\4636dw02.doc

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

S. 921 (Word version) -- Senators McConnell and Alexander: A BILL TO AMEND SECTION 24-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES AND PROCEDURES FOR GRANTING PAROLE, SO AS TO REQUIRE VOTES TAKEN CONCERNING GRANTING OR DENYING PAROLE MUST BE RECORDED AND ARE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
l:\council\bills\nbd\11112ac02.doc

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

S. 922 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MR. DAVID L. LUCAS, OWNER AND OPERATOR OF CHARWOOD COUNTRY CLUB, FOR HIS EFFORTS TO PROVIDE THE FINEST GOLFING IN THE MIDLANDS OF SOUTH CAROLINA AND TO CONGRATULATE HIM AND HIS STAFF ON CHARWOOD'S SELECTION AS SOUTH CAROLINA'S GOLF COURSE OF THE YEAR FOR 2002.
l:\council\bills\pt\1730sd02.doc

The Senate Resolution was adopted.

S. 923 (Word version) -- Senator Richardson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE ELECTED BY THE QUALIFIED VOTERS OF THE STATE, SO AS TO PROVIDE THAT AFTER THE EXPIRATION OF THE TERM OF THE ATTORNEY GENERAL AND SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE ATTORNEY GENERAL AND THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
l:\council\bills\bbm\10641htc02.doc

Senator RICHARDSON spoke on the Resolution.

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

S. 924 (Word version) -- Senator Richardson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
l:\council\bills\bbm\10650htc02.doc

Senator RICHARDSON spoke on the Resolution.

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

S. 925 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE, AND TO FURTHER PROVIDE FOR THOSE LOCATIONS TO WHICH THESE RESTRICTIONS DO NOT APPLY.
l:\council\bills\gjk\20903sd02.doc

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

S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.
l:\council\bills\gjk\20870htc02.doc

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

S. 927 (Word version) -- Senator Gregory: A BILL TO RESTRICT THE PLACEMENT OF OUTDOOR ADVERTISING ALONG A PORTION OF UNITED STATES HIGHWAY 521 IN LANCASTER COUNTY.
l:\council\bills\ggs\22270cm02.doc

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

S. 928 (Word version) -- Senator Kuhn: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
l:\council\bills\ggs\22260cm02.doc

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

S. 929 (Word version) -- Senator Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-447 SO AS TO PROVIDE THAT A RETIRED LAW ENFORCEMENT OFFICER MAY RETURN TO ACTIVE DUTY WITHOUT COMPLETING LAW ENFORCEMENT TRAINING AT THE CRIMINAL JUSTICE TRAINING ACADEMY UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\ggs\22261cm02.doc

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

H. 4464 (Word version) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ADJUST THE SCHOOL DISTRICT'S TAX MILLAGE FOR THE 2002-2003 SCHOOL YEAR TO OFFSET THE MIDYEAR BUDGET CUTS MANDATED BY THE BUDGET AND CONTROL BOARD OF THE STATE OF SOUTH CAROLINA FOR THE SCHOOL DISTRICT DURING THE 2001-2002 SCHOOL YEAR, AND TO PROVIDE THAT THE COUNTY AUDITOR SHALL LEVY THE MILLAGE UPON ALL PROPERTY WITHIN THE SCHOOL DISTRICT, AND THE COUNTY TREASURER SHALL COLLECT THE TAXES LEVIED AND DISBURSE THE FUNDS.

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

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon and Knotts, Clyburn and Rice: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

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

H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

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

H. 4525--Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, H. 4525 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.

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

H. 4526--Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, H. 4526 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4528 (Word version) -- Reps. Lee, Allison, Davenport, Littlejohn, Sinclair, W.D. Smith, Talley and Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WILLIAMS STREET BRIDGE IN SPARTANBURG IN HONOR OF MAYOR JAMES E. TALLEY, AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "JAMES E. TALLEY BRIDGE" TO RECOGNIZE HIS NUMEROUS AND OUTSTANDING ACCOMPLISHMENTS AS MAYOR OF SPARTANBURG.

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

H. 4541 (Word version) -- Reps. Townsend, 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, Knotts, 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, Robinson, 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, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE PASSING OF FORMER REPRESENTATIVE FRED THURMAN MOORE OF HONEA PATH, SOUTH CAROLINA, AND TO REMEMBER HIM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE PALMETTO STATE.

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

H. 4543 (Word version) -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D.C. Smith, G.M. Smith, J.E. Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY PERSONNEL FOR THE SACRIFICES THEY MAKE DAILY IN THE LINE OF DUTY.

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

H. 4544 (Word version) -- Reps. Riser, Huggins, 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, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, 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, Rivers, Robinson, 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 EXPRESSING SINCERE SORROW AT THE DEATH OF DR. WILLIAM BRUCE CROWLEY OF LEXINGTON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4556 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ST. JUDE MEDICAL INC. IN PICKENS COUNTY ON THE OCCASION OF ITS RECEIVING THE 2001 INNOVISION AWARD FOR TECHNOLOGY DEVELOPMENT FOR ITS REVOLUTIONARY RESEARCH AND DEVELOPMENT OF CAPACITORS FOR IMPLANTABLE HEART DEVICES.

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

H. 4557 (Word version) -- Reps. Hinson, Dantzler, Gourdine, Law and Merrill: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF THE STRATFORD HIGH SCHOOL FOOTBALL TEAM AND COACH RAY STACKLEY THIS SEASON AND ALSO THOMAS "MOE" THOMPSON, WHO WAS NAMED MR. FOOTBALL OF SOUTH CAROLINA FOR 2001, AND TO PROCLAIM JANUARY 27, 2002, AS "MOE THOMPSON, MR. FOOTBALL OF SOUTH CAROLINA, COACH RAY STACKLEY, AND THE KNIGHTS OF STRATFORD HIGH SCHOOL DAY" IN BERKELEY COUNTY.

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

H. 4559 (Word version) -- Rep. Coates: A CONCURRENT RESOLUTION SALUTING AND THANKING CHIEF WARRANT OFFICER W4 (RETIRED) JOHN E. FLOYD OF FLORENCE COUNTY FOR HIS OUTSTANDING CAREER OF SERVICE TO HIS STATE AND NATION.

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

H. 4560 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE PHILIP ARNOLD OF UNION FOR HIS SELFLESS INVOLVEMENT IN HIS COMMUNITY, TO RECOGNIZE HIM FOR HIS DEDICATION TO THE MEMBERS OF CUB SCOUT PACK 42, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

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

H. 4561 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING AND SALUTING THE BULLDOGS FOOTBALL TEAM OF SILVER BLUFF HIGH SCHOOL OF AIKEN COUNTY ON WINNING ITS SECOND CONSECUTIVE CLASS AA STATE CHAMPIONSHIP ON DECEMBER 1, 2001.

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

REPORTS OF STANDING COMMITTEES

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

S. 670 (Word version) -- Senator Land: A BILL TO AMEND SECTION 62-5-414, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND EXPENSES PAYABLE IN CONNECTION WITH A PROTECTIVE PROCEEDING IN PROBATE COURT, SO AS TO PROVIDE FOR ATTORNEY'S FEES FROM THE ESTATE FOR THE LAWYER REPRESENTING THE CONSERVATOR IN THE PROCEEDING.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a majority favorable and Senator HUTTO a minority unfavorable report on:

S. 790 (Word version) -- Senators Short, Richardson, Hayes, Elliott and Ford: A BILL TO AMEND SECTION 59-150-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY RETAILERS AND SECTION 59-150-210, RELATING TO THE SALE OF LOTTERY TICKETS OR SHARES, BOTH SO AS TO PROHIBIT THE SALE OF A LOTTERY TICKET OR SHARE BY A RETAILER OR ON THE PREMISES OF A PERSON OR BUSINESS ENTITY THAT IS ENGAGED IN THE BUSINESS OF MAKING CONSUMER LOANS OF ANY KIND.

Ordered for consideration tomorrow.

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

S. 793 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE SEVENTEENTH DAY OF SEPTEMBER OF EACH YEAR AS "RESPECT FOR LAW DAY".

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 865 (Word version) -- Senators J. Verne Smith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN'S CORRECTIONAL INSTITUTION THE "CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 876 (Word version) -- Senators McConnell, Moore and Ritchie: TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT SUCCESSORS TO CERTAIN SEATS ON THE SOUTH CAROLINA SUPREME COURT, COURT OF APPEALS, CIRCUIT, AND FAMILY COURTS. (ABBREVIATED TITLE)

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 897 (Word version) -- Senators Setzler and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF ALL SCHOOL NURSES IN SOUTH CAROLINA WHO HELP ENSURE THE HEALTH, SAFETY, AND ACADEMIC SUCCESS OF OUR YOUNG STUDENTS AND TO COMMEND THEM FOR THEIR CONTRIBUTIONS TO THE YOUTH OF THIS STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 909 (Word version) -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF WILBUR C. EPPS, SR., OF CLARENDON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

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

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator FAIR proposed the following amendment (597R002.MLF), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   Section 56-3-8000(A) of the 1976 Code, as last amended by Act 286 of 2000, is further amended to read:

"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3) or, 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.

The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."/

Amend the bill further, as and if amended, by striking the title and inserting therein the following:

/   TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION.   /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

Senator MARTIN spoke on the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.

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

Senators LEATHERMAN, J. VERNE SMITH and LAND proposed the following amendment (NBD\11111AC02), which was adopted:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Notwithstanding any other provision of law, beginning February 1, 2002:

(a)   each nursing home, except those owned or operated by this State, shall pay a nursing home franchise fee beginning February 1, 2002. The fee must be remitted in monthly payments. The annual franchise fee must be calculated for each nursing home based upon the total patient days served by the nursing home during its FYE 2000 reporting period, multiplied by a per patient day fee of three dollars. Total patient day information for each nursing home must be obtained from either the nursing home's FYE 2000 Medicaid cost report, or the South Carolina Department of Health and Environmental Control's FY 2000 Joint Annual Report of Nursing Care Facilities. In the event that FY 2000 data is unavailable under either report, FY 1999 data must be used. Nursing homes which filed partial year 2000, or 1999, patient day data shall have its data annualized. The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue by January 25, 2002, the amount of the annual SFY 2002 franchise fee to be collected from each nursing home. The South Carolina Department of Revenue shall bill each nursing home monthly for one-twelfth of the annual fee amount beginning February 1, 2002. The Department of Revenue shall administer and enforce the collection of these fees in accordance with the provisions of Chapter 54, Title 12 of the 1976 Code. The Department of Revenue may promulgate regulations for that purpose. Fees collected must be remitted to the State Treasurer to be credited to the Department of Health and Human Services.

(b)   The nursing home franchise fee for state fiscal year 2003 must be calculated and billed using the methodology provided in subsection (a) except that the per patient day fee must be four dollars for state fiscal year 2003. The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue, by June 30, 2002, the amount of the annual SFY 2003 franchise fee to be collected from each nursing home.

(c)   For new nursing homes licensed after December 31, 2001, the franchise fee must be initially calculated using projected total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis. For nursing homes which were licensed during calendar year 2000 and 2001 that have not reported total patient day information to either the South Carolina Department of Health and Human Services or the South Carolina Department of Health and Environmental Control, the franchise fee must be calculated using actual or projected, depending upon the date of licensure, total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis for those nursing homes which used projected total patient days to determine that initial franchise fee.

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

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the Joint Resolution.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.

By prior motion of Senator PINCKNEY

H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

H. 4502--Ordered to a Third Reading

On motion of Senator REESE, H. 4502 was ordered to receive a third reading on Thursday, January 24, 2002.

H. 4511 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

OBJECTION

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

Senator RYBERG spoke on the Bill.

Senator LAND objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT ADOPTED
DEBATE INTERRUPTED

H. 3141 (Word version)--Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTIONS OF TITLE 24, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME, TO PROVIDE THAT AN OFFENDER MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE DISCHARGE FROM HIS SENTENCE, AND TO MAKE OTHER RELEVANT CHANGES, TO AMEND CHAPTER 26 OF TITLE 24, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION, REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION, AND TO MAKE CERTAIN OTHER CHANGES; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD3141.002), which was adopted:

Amend the bill, as and if amended, page 4, line 22, in Section 24-3-20(B)(2), as contained in SECTION 2, by striking /shall/ and inserting therein /   shall must   /.

Amend the bill further, as and if amended, page 4, line 42, in Section 24-3-20(B)(2), as contained in SECTION 2, by striking /shall/ and inserting therein /   shall must   /.

Amend the bill further, as and if amended, page 10, line 43, in Section 24-13-710, as contained in SECTION 9, by striking line 43 in its entirety and inserting therein the following:

/   contained in Section 16-1-10(D), which is punishable by a   /.

Amend the bill further, as and if amended, page 12, line 16, in Section 24-13-720, as contained in SECTION 10, by striking line 16 in its entirety and inserting therein the following:

/   16-1-10(D), which is punishable by a maximum term of /.

Amend the bill further, as and if amended, page 12, line 34, in Section 24-13-1310(1)(c), as contained in SECTION 11, by striking line 34 in its entirety and inserting therein the following:

/   classification contained in Section 16-1-10(D), which is punishable   /.

Amend the bill further, as and if amended, page 13, line 24, in Section 24-21-30(B), as contained in SECTION 12, by striking /commits/ and inserting therein /   commits committed   /.

Amend the bill further, as and if amended, page 13, line 28, in Section 24-21-30(B), as contained in SECTION 12, by striking /commits/ and inserting therein /   commits committed   /.

Amend the bill further, as and if amended, page 14, line 19, in Section 24-21-560(A), as contained in SECTION 13, by striking line 19 in its entirety and inserting therein the following:

/   than twenty years imposed in general sessions court, or in magistrates court pursuant to Section 22-3-545, for a crime /.

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the committee amendment.

The question then was the adoption of the committee amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 30; Nays 9

AYES

Alexander                 Bauer                     Branton
Courson                   Elliott                   Fair
Giese                     Gregory                   Grooms
Hawkins                   Hayes                     Kuhn
Leatherman                Martin                    McConnell
McGill                    Mescher                   Moore
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--30

NAYS

Anderson                  Drummond                  Ford
Glover                    Hutto                     Matthews
Patterson                 Pinckney                  Short

Total--9

The committee amendment was adopted.

The question then was the second reading of the Bill.

Senator HUTTO spoke on the Bill.

ACTING PRESIDENT PRESIDES

Senator HAYES assumed the Chair.

Senator HUTTO continued speaking on the Bill.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Barnwell County Probate Judge, with term to commence June 30, 2001, and to expire January 1, 2003:

Branna Woodward Williams, P. O. Box 90, Barnwell, S.C. 29812

Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Georgetown County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007:

Benjamin H. Culbertson, P. O. Box 943, Georgetown, S.C. 29442

  MOTION ADOPTED

On motion of Senators RYBERG, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David Lee Padgett, 61, of Chapin, S.C. Mr. Padgett, who passed away on December 21, 2001, was an exemplary father and grandfather and the beloved husband of one of the Senate's most devoted and dedicated employees, Jean Padgett, Personnel and Benefits Manager for the Senate.

ADJOURNMENT

At 4:21 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 1:12 P.M.