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

Wednesday, February 13, 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 written in the first century of the "Christian Era", attributed to St. Peter, Chapter 3: First Epistle (v. 8):

"Finally, all of you, have unity of spirit, sympathy, love for one another, a tender heart, and a humble mind..."
Let us pray.

Father, if we should ever prate in vague generalities about faith... and love, O Lord, forgive us!

If we should ever stop with a mere academic acquiescence in the great Articles-of-Faith-and-Trust and not let them move us out vitally into our whole life, Good Lord, forgive us!

Help us to let our faith be like a cable that ties us to You and sustains us in all the pressures of our mortal life.

Father, since this is Ash Wednesday in the Christian world, remind us of our mortality... "ashes to ashes, dust to dust." Remind us of our long future!
Amen.

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

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2686
Agency: Department of Labor, Licensing and Regulation
SUBJECT: Recording and Reporting Occupational
Injuries and Illnesses
Received by Lieutenant Governor February 13, 2002
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 13, 2002
(subject to Sine Die revision)

Document No. 2687
Agency: Department of Social Services
SUBJECT: General Family Independence Program
Received by Lieutenant Governor February 13, 2002
Referred to General Committee
Legislative Review Expiration June 13, 2002
(subject to Sine Die revision)

Document No. 2688
Agency: Department of Social Services
SUBJECT: General Food Stamp Program
Received by Lieutenant Governor February 13, 2002
Referred to General Committee
Legislative Review Expiration June 13, 2002
(subject to Sine Die revision)

Leave of Absence

At 3:00 P.M., Senator VERDIN requested a leave of absence for Thursday, February 14, 2002.

CO-SPONSORS ADDED

S. 937 (Word version) -- Senators Leatherman, Short and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41, TITLE 2, RELATING TO THE TAX STUDY COMMISSION, SO AS TO CREATE A JOINT COMMITTEE ON TAXATION.

On motion of Senator ALEXANDER, with unanimous consent, the names of Senators ALEXANDER and DRUMMOND were added as co-sponsors of S. 937.

RECALLED FROM THE HOUSE
ADOPTION RECONSIDERED
AMENDED AND ADOPTED, RETURNED TO THE HOUSE

S. 1004 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF DON CAUGHMAN OF WEST COLUMBIA ON FRIDAY, FEBRUARY 1, 2002, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the House.

There was no objection.

The Resolution was returned from the House.

Senator SETZLER asked unanimous consent to reconsider the vote whereby the Concurrent Resolution was adopted.

There was no objection.

Adoption of the Resolution was reconsidered.

Senator SETZLER proposed the following amendment (1004R001.NGS), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 1 through 3 and inserting therein the following:

/   Whereas, Don Caughman was also a member of the State College Board of Trustees and the Lander College Board of Trustees; and   /.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

RECALLED AND READ THE SECOND TIME

S. 902 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee.

Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator RICHARDSON asked unanimous consent to give the Bill a second reading.

There was no objection.

The Bill was read the second time and ordered placed on the third reading Calendar.

S. 902--Ordered to a Third Reading

On motion of Senator RICHARDSON, S. 902 was ordered to receive a third reading on Thursday, February 14, 2002.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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

S. 1011 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-185 SO AS TO REQUIRE EVERY TAX NOTICE, LICENSE RENEWAL NOTICE, AND SIMILAR NOTICE MAILED OR OTHERWISE DISTRIBUTED BY THE STATE OR POLITICAL SUBDIVISION OF THE STATE TO PROVIDE A PROMINENTLY DISPLAYED "HELP LINE" TELEPHONE NUMBER FOR ANSWERING QUESTIONS WITH RESPECT TO THE NOTICE AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO MONITOR THE IMPLEMENTATION OF THIS REQUIREMENT AND PROVIDE ADVICE ON COMPLIANCE METHODS.
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Read the first time and referred to the Committee on Finance.

S. 1012 (Word version) -- Senator Bauer: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTION 24, ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO RESERVE POLICE OFFICERS.
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Read the first time and referred to the Committee on Judiciary.

S. 1013 (Word version) -- Senators McConnell and Fair: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF JUVENILE PAROLE AND ITS PROCEDURES, SO AS TO PROVIDE THAT THE BOARD MAY NOT SCHEDULE A REVIEW OF A JUVENILE WHO HAS BEEN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE DURING THE MONTH OF DECEMBER; AND TO AMEND SECTION 24-21-615, RELATING TO THE REVIEW OF A CASE BY THE PAROLE BOARD OF A PRISONER CONVICTED OF A CAPITAL OFFENSE, SO AS TO PROVIDE THAT THE BOARD MAY NOT REVIEW THE CASE OF A PRISONER CONVICTED OF A VIOLENT CRIME DURING THE MONTH OF DECEMBER.
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Read the first time and referred to the Committee on Judiciary.

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

S. 1015 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STORE BLOOD TAKEN TO PERFORM THESE TESTS AND TO HAVE IT AVAILABLE FOR ADDITIONAL TESTS.
l:\council\bills\nbd\11222ac02.doc

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

S. 1016 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 40-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO REFUSE TO GRANT AND TO REVOKE, SUSPEND, OR RESTRICT A LICENSE AND GROUNDS FOR SUCH ACTIONS, SO AS TO INCLUDE AS SUCH GROUNDS FAILING TO REFER A PATIENT, AMONG OTHERS, TO A CHIROPRACTOR WHEN THE PATIENT'S MEDICAL CONDITION WAS BEYOND THE SCOPE OF PRACTICE OF THE PHYSICAL THERAPIST AND TREATING A PATIENT WITHOUT A REFERRAL FROM, AMONG OTHERS, A CHIROPRACTOR.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1017 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE III, SECTION 3, ARTICLE VI, AND SECTION 1A, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALL RELATING TO THE PROHIBITION AGAINST DUAL OFFICE HOLDING, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST PROVIDE BY LAW FOR THE OFFICES WHICH ARE EXCEPTIONS TO THE DUAL OFFICE HOLDING PROHIBITION.
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Read the first time and ordered placed on the Calendar without reference.

S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS RECOGNITION AND CREDIT TO OUR STATE THROUGH HER OUTSTANDING ACCOMPLISHMENTS.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1019 (Word version) -- Senator Jackson: A SENATE RESOLUTION CONGRATULATING THE TRUE BELIEVERS CHURCH OF COLUMBIA ON THE CELEBRATION OF ITS SIXTEENTH ANNIVERSARY AND MORTGAGE BURNING.
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The Senate Resolution was adopted.

H. 4447 (Word version) -- Reps. Coates and McGee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 157 ALONG INTERSTATE 95 IN FLORENCE COUNTY THE "CONGRESSMAN ED YOUNG INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT EXIT 157 THAT CONTAIN THE WORDS "CONGRESSMAN ED YOUNG INTERCHANGE".

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

H. 4692 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4693 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

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

H. 4706 (Word version) -- Reps. McGee, 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, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 14, 2002.

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

H. 4719 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND SINCERE BEST WISHES TO MABEL FISHER OF SPARTANBURG COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.

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

REPORTS OF STANDING COMMITTEES

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

H. 4475 (Word version) -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E. Smith and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL STATE BOARDS AND COMMISSIONS TO PROVIDE PROMPT WRITTEN NOTIFICATION OF ALL MEMBERSHIP CHANGES TO THE SECRETARY OF STATE AND TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN FOR PUBLIC INSPECTION A RECORD OF THE CURRENT MEMBERSHIP OF EVERY STATE BOARD AND COMMISSION.

Ordered for consideration tomorrow.

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

H. 3806 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO PROVIDE THE DILLON COUNTY ELECTION COMMISSION MUST ESTABLISH THE POLLING PLACES FOR THE PRECINCTS WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE REPRESENTATIVES REPRESENTING DILLON COUNTY.

Ordered for consideration tomorrow.

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

S. 97 (Word version) -- Senators Wilson, Hayes, Reese and Branton: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE REQUESTS IT.

Ordered for consideration tomorrow.

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

S. 310 (Word version) -- Senators Anderson, Ford, Elliott, Reese, Patterson, Glover, Ravenel and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-665 SO AS TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY A PERSON AFTER HE HAS SERVED HIS PAROLE AND THE APPROPRIATE COUNTY BOARD OF REGISTRATION THAT THE PERSON IS ELIGIBLE TO VOTE.

Ordered for consideration tomorrow.

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

S. 410 (Word version) -- Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. Verne Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.

Ordered for consideration tomorrow.

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

S. 715 (Word version) -- Senators McConnell, J. Verne Smith, Hawkins and Peeler: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 4665 favorable:

H. 4665 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 21, 2002, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.

General Committee Committee
Polled 16; Ayes 16; Nays 0; Not Voting 0

AYES

Mescher                   Drummond                  Holland
Thomas                    O'Dell                    Hayes
Elliott                   Martin                    Ryberg
Richardson                Kuhn                      Patterson
McGill                    Land                      Alexander
Hawkins

TOTAL--16

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., February 13, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Law, Wilder and Delleney to the Committee of Conference on the part of the House on:
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 13, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4351 (Word version) -- Rep. Fleming: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE ELECTED FROM EACH DISTRICT, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE STAGGERING OF THESE TERMS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACT 304 OF 1989 RELATING TO THE ELECTION OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IN NONPARTISAN ELECTIONS, THE TERMS OF OFFICE OF THE MEMBERS ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The House returned the Bill with amendments.

Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.

The House returned the Bill with amendments.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

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

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 881 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.

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

Senator HUTTO proposed the following amendment (633R001.CBH), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 35 and inserting in lieu thereof:

/     by his nominee at any meetings which the general manager president and chief executive officer is   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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.

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

Senator GREGORY proposed the following amendment (SWB5121DJC02), which was adopted:

Amend the bill, as and if amended, SECTION 1(A), page 1, beginning on line 22, by striking / within three hundred feet of the nearest edge of the right of way and / and inserting / that is /.

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

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

Senator ALEXANDER proposed the following amendment (BBM\10747HTC02), which was adopted:

Amend the bill, as and if amended, by adding three appropriately numbered SECTIONS to read:

/ SECTION   ____.   Section 4-29-67 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:

"( )(1)   All agreements entered into pursuant to this section must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(a)   the legal name of each party to the agreement;

(b)   the county and street address of the project and property to be subject to the agreement;

(c)   the minimum investment agreed upon;

(d)   the length and term of the agreement;

(e)   the assessment ratio applicable for each year of the agreement;

(f)   the millage rate applicable for each year of the agreement;

(g)   a schedule showing the amount of the fee and its calculation for each year of the agreement;

(h)   a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(i)     a statement answering the following questions:

(i)     Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?

(ii)   Is disposal of property subject to the fee allowed?

(iii)   Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?

(iv)   Will payment amounts be modified using a net present value calculation? and

(v)   Do replacement property provisions apply?

(j)   any other feature or aspect of the agreement which may affect the calculation of subitems (g) and (h) of this item;

(k)   a description of the effect upon the schedules required by subitems (g) and (h) of this item of any feature covered by subitems (i) and (j) not reflected in the schedules for subitems (g) and (h);

(l)   which party or parties to the agreement are responsible for updating any information contained in the summary document.

(2)   The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l) and that payment must be distributed to the affected taxing entities according to the schedule in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l)."

SECTION   ____.   Chapter 12, Title 4 of the 1976 Code is amended by adding:

"Section 4-12-45.   (A)   All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1)   the legal name of each party to the agreement;

(2)   the county and street address of the project and property to be subject to the agreement;

(3)   the minimum investment agreed upon;

(4)   the length and term of the agreement;

(5)   the assessment ratio applicable for each year of the agreement;

(6)   the millage rate applicable for each year of the agreement;

(7)   a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8)   a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9)     a statement answering the following questions:

(a)   Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?

(b)   Is disposal of property subject to the fee allowed?

(c)   Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?

(d)   Will payment amounts be modified using a net present value calculation? and

(e)   Do replacement property provisions apply?

(10)   any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(11)   a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsection;

(12)   which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B)   The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10), (11), or (12)."

SECTION   ____.   Chapter 44, Title 12 of the 1976 Code is amended by adding:

"Section 12-44-55.   (A)   All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1)   the legal name of each party to the agreement;

(2)   the county and street address of the project and property to be subject to the agreement;

(3)   the minimum investment agreed upon;

(4)   the length and term of the agreement;

(5)   the assessment ratio applicable for each year of the agreement;

(6)   the millage rate applicable for each year of the agreement;

(7)   a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8)   a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9)     a statement answering the following questions:

(a)   Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?

(b)   Is disposal of property subject to the fee allowed?

(c)   Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?

(d)   Will payment amounts be modified using a net present value calculation? and

(e)   Do replacement property provisions apply?

(10)   any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(11)   a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsection;

(12)   which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B)   The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10, (11), or (12)." /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME WITH NOTICE
OF GENERAL AMENDMENTS

S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.

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

Senator SHORT proposed the following amendment (WINTHROP001), which was adopted:

Amend the committee report, as and if amended, by deleting the committee report in its entirety and inserting the following:

Amend the bill by striking all after the enacting words and inserting the following:

SECTION 1. Section 59-125-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 59-125-30.   Of the seven members to be elected by the General Assembly, one member must be elected from each of the six congressional districts and one member must be elected by the General Assembly from the State at large. Each representative of a congressional district must be a resident of the congressional district represented. The regular term of office of the elective members of the board of trustees is six years with the members first elected being elected two for two years, two for four years, and three for six years. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina. The General Assembly shall hold elections every even-numbered year to fill vacancies as they occur in the board by the expniration of terms of office. The present elective members of the board of trustees shall continue to serve until the thirtieth day of June of the year in which their terms are scheduled to expire. Those persons elected by the General Assembly in 2002 shall have their seats designated as the seat number corresponding to the Congressional District from which they are elected with the at-large member designated as Seat Seven. The General Assembly shall hold elections to fill vacancies as they occur on the board by the expiration of terms of office, as follows: Seat One in 2006, Seat Two in 2008, Seat Three in 2004, Seat Four in 2004, Seat Five in 2006, Seat Six in 2008, and Seat Seven in 2005. After its 1984 session, the General Assembly shall elect successors to those trustees whose terms are expiring not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired. When there is a vacancy otherwise occurring in on the board of trustees among the elected members, the Governor may fill it by appointment until the next session of the General Assembly. The successors to the two present members who are graduates of Winthrop College appointed by the Winthrop College Alumnae Association or its successors must be elected by the members of the Winthrop College Alumnae Association at its annual meeting held at Winthrop College during commencement week in 1958 and they shall serve for a term of four years and their successors must be elected at the similar annual meeting every four years thereafter The members of the board elected by the Winthrop University Alumni Association or its successors shall be elected for four-year terms to fill Seats Eight and Nine in 2002. In 2006, the person elected by the Winthrop University Alumni Association or its successors to fill Seat Eight shall serve a six-year term and the person elected by the Winthrop University Alumni Association or its successors to fill Seat Nine shall serve a four-year term. At the completion of those terms of office, all subsequent members of the board elected by the Winthrop University Alumni Association or its successors to fill Seats Eight and Nine shall be elected for six-year terms. The names of the two those so elected must be certified to the Secretary of State by the president and secretary of the association and they shall take office immediately after the certification. The term of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is six years coterminus with the term of office of the Governor. Any vacancy in the office of the member appointed by the Governor must be filled by appointment of the Governor for the unexpired term in the same manner of original appointment."

SECTION 2. This act takes effect upon approval of the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

The Committee on Education proposed the following amendment (GJK\20993SD02), which was adopted:

Amend the bill, as and if amended, in Section 59-125-30 of the 1976 Code, as contained in SECTION 1, by striking / for the designee of the State Superintendent of Education, Seat Eight / which begins on line 37, page 1, and inserting / for the State Superintendent of Education or his or her designee, Seat Eight /

Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:

/ SECTION   ______.   Section 59-125-20A. of the 1976 Code, as last amended by Act 59 of 1993, is further amended to read:

"A.   The Board of Trustees of Winthrop University is composed of the Governor and the State Superintendent of Education who shall serve ex officio or their designees who are members ex officio of the board shall serve as regular members with terms coterminous with those of their appointing authority, seven other members each to be elected by the joint vote of the General Assembly, as hereinafter provided, and two graduates of Winthrop University to be appointed by the Winthrop University Alumni Association or its successors, as hereinafter provided." /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill 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 Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 1008 (Word version) -- Senator Richardson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.

S. 1008--Ordered to a Third Reading

On motion of Senator HAWKINS, S. 1008 was ordered to receive a third reading on Thursday, February 14, 2002.

S. 1008--Co-Sponsor Added

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator PINCKNEY was added as a co-sponsor of S. 1008.

H. 4649 (Word version) -- Reps. Taylor and Wilder: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND PROVIDE THAT A SPECIAL ELECTION IS NOT REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR OFFICE TO EITHER ONE OF THESE TWO SCHOOL DISTRICTS WHEN A VACANCY IN THE OFFICE OCCURS AND THE TIME FOR FILING FOR THE OFFICE HAS CLOSED AND HE HAS BEEN CERTIFIED; AND TO REPEAL ACT 292 OF 1989, RELATING TO FILLING VACANCIES ON BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.

By prior motion of Senator VERDIN

S. 1003 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2618, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4661 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON OCTOBER 29, 30, AND 31, 2001, BY THE STUDENTS OF TRAVELERS REST HIGH SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO LAW ENFORCEMENT CONCERNS 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.

By prior motion of Senator J. VERNE SMITH, with unanimous consent

H. 3633 (Word version) -- Reps. D.C. Smith and J.R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.

Senator MOORE explained the Bill.

H. 3633--Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, H. 3633 was ordered to receive a third reading on Thursday, February 14, 2002.

AMENDED, READ THE SECOND TIME

S. 933 (Word version) -- Senators Ravenel, McConnell and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Amendment No. 1

Senator KUHN proposed the following amendment (GJK\ 20972SD02), which was adopted:

Amend the bill, as and if amended, by striking Section 2 A. of Act 340 of 1967, as contained in SECTION 1, and inserting:

/   "Section 2 A.   The election of the members of the board of trustees shall must be nonpartisan by partisan election beginning in 2002. and candidates for the board of trustees of the Charleston County School District shall be nominated by petition only filed with the county election commission prior to September first of each election year signed by not less than five hundred qualified resident electors of Charleston, with not less than two hundred fifty of whom shall also be residents of the area which the candidate nominated represents. Candidates so nominated shall be placed upon the ballot in the general election without any party designation and in alphabetical order. Successors to members of the board whose terms expire in 2002 and thereafter shall be elected on a partisan basis as provided herein for terms of four years each. Beginning in 2002, candidates may be nominated for office in the manner provided by law, and candidates must be elected at the general election and the primary election, respectively, according to the provisions of Title 7 of the 1976 Code, mutatis mutandis.

All other provisions of law relating to election of these school trustees including areas from which members must be elected by the qualified electors of the county shall continue to apply except for provisions of law relating to the nonpartisan election of such trustees. Present members of the board elected on a non-partisan basis whose terms expire after 2002 shall continue to serve in office but shall declare their political affiliation by affidavit filed with the Charleston County Election Commission. Nothing herein prevents a current trustee elected on a nonpartisan basis from offering and being elected as a partisan candidate." /

Renumber sections to conform.

Amend title to conform.

On motion of Senator RAVENEL, the amendment was adopted.

The question then was the second reading of the Bill.

Senator FORD argued contra to the second reading of the Bill.

Senator PINCKNEY argued contra to the second reading of the Bill.

Senator KUHN argued in favor of the second reading of the Bill.

Pursuant to the provisions of Rule 51,   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 6; Nays 2

AYES

Branton                   Grooms                    Kuhn
McConnell                 Mescher                   Ravenel

Total--6

NAYS

Ford                      Pinckney

Total--2

The Bill was read the second time, passed and ordered to a third reading.

Motion Adopted

On motion of Senator FORD, with unanimous consent, the recording of the proceedings incident to S. 933 was to be preserved for the record.

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

H. 3107 (Word version) -- Reps. Huggins, W.D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.

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 (JUD3107.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 5, by striking SECTION 2 in its entirety and inserting therein the following:

/   SECTION   2.   The 1976 Code is amended by adding:

"Section 22-3-25.   (A)   In compliance with Section 22-3-20(2) and Article 11 of this chapter, actions in the nature of interpleader arising from real estate contracts for the recovery of earnest money, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the magistrates court, may be filed in magistrates court under the provisions of this section. The fee for an action in the nature of interpleader filed in magistrates court is as provided in Section 8-21-1010(6) with service fees as provided by law.

(B)   The failure of a competing claimant to recover in an interpleader action must not be considered as a judgment against the claimant and must not be used to impair the credit of the claimant.

(C)   The Office of Court Administration must design appropriate legal forms for proceeding under this section and make those forms available for distribution.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

On motion of Senator RITCHIE, the Bill was carried over, as amended.

CARRIED OVER

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

On motion of Senator GIESE, with unanimous consent, the Bill was carried over.

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

Motion Adopted

On motion of Senator HAYES, with unanimous consent, Senators HAYES, WALDREP, MATTHEWS, GREGORY and ANDERSON were granted leave to attend a subcommittee meeting and be counted in any quorum calls.

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

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 third reading of the Bill.

Senator PATTERSON argued contra to the third reading of the Bill.

Remarks by Senator PATTERSON

Senator PATTERSON:   Thank you, Mr. PRESIDENT. I am one of the "you guys" that the Senator [HAWKINS] was talking about. I resent anybody - anybody telling me that I don't want to lock up any people! Now, if you want to run for Attorney General, then run for it! But don't you come in here and run for it at my expense! And, I resent it - "you guys don't want to lock people up!" You never hear of any of us speaking in that term.

PRESIDENT: Does the Senator yield?

Senator PATTERSON: I yield.

Senator FAIR: When the Governor launched his campaign from the floor of the Senate, were you offended by that?

Senator PATTERSON: Who launched something from the Senate floor? I don't remember that!

Senator FAIR:   The current Governor's campaign was launched right over there with charts and everything by members of the Senate. Were you offended by that?

Senator PATTERSON:   I don't know what you are talking about - I don't know what you are talking about! The current Governor came out of Lancaster. He was never a Senator - I don't know what you are talking about!

I am tired of you running for these offices at my expense and letting something slip out of your mouth! We are working on this Bill trying to reach a compromise. Both sides are working as hard as they can. Now there are some things I want to put in the Bill, such as equalizing these sentences. Federal judges are saying the sentencing guidelines are not fair on crack and cocaine. I didn't say it - the federal judges said it is not fair. And, I think you ought to equalize it. A lot of things in our criminal justice system are not fair. Our criminal justice system will fish for little minnows, the little people on the block selling some crack, then nail them to the wall for fifteen years. Drug dealers come into the neighborhood driving those Land Rovers, driving those Jaguars, all those Kennedy boys, and those Rockefeller boys, and when you catch them, you give them PTI. I thank the people working on this Bill, on both sides; I believe my PRESIDENT Pro Tempore and the man from down in the valley - all those that are working on it - they are working in good faith and honesty - and I don't think it's fair to cast disparaging remarks on one side - chunking rocks at us, and we chunking rocks at you - chunking rocks at each other.

So, I think we ought to give them some time to work something out as well as they can - rather than us sitting up here all day on these amendments - I think we need to give them some time to work it out.

Senator JACKSON:   Senator, do you yield for a question?

Senator PATTERSON:   Yes, sir.

Senator JACKSON:   Senator, isn't it disheartening when you think who most the victims of crime are - where they live in a neighborhood to assume that "you guys", "you people, are soft on crime"- and is that the worst kind of stereotypical language you can use and maybe they can't understand why you are upset because they never had the shoe put on the other foot. But for someone of that stature, someone who wants to seek one of the highest offices in the State, to be in charge of law enforcement for the State of South Carolina to look at folks and say "you people" or "you guys are soft on crime." That's an insult not only to us but the whole State. We all hope and think that South Carolina is beyond that and we are trying to live down some stereotypes that are impacting our State right now. It really doesn't help when somebody wants to be chief law enforcement officer of our entire State to make comments like "you people" - "you guys are soft on crime."

Senator PATTERSON:   That is very divisive - that's very divisive!

Senator WALDREP: I want you to know, and to add to what you said, I think we are getting very close on this matter right now. I would predict that by tomorrow we will have most of these things worked out and thought you might want to have that information. The thing that has held us up is redistricting, but I think we have made a lot of progress and we are almost there.

Senator PATTERSON:   I am happy to hear that, and I might add that, when tomorrow's paper comes out, we don't find more crimes on the books. Every day when I wake and get the paper, there are more crimes that we did not know about. We didn't know about DNA testing; we didn't know that DHEC had it! We just didn't know - and to sit here serving in the General Assembly, almost as long as me. Now, why is it all of a sudden after you decided to file for office, you find all these laws that are wrong. Something's wrong. Hope you don't find any more laws that are wrong now before tomorrow's paper comes out. Like we don't have enough Bills on the books for these criminals. Lock up everybody in South Carolina! And you don't want to send the School Districts in Florence and Clarendon Counties who ain't got no tax money - the tax base is kind of messed up or something happened to the money funny. I think, personally, we in the General Assembly ought to try to help people like that. That is just my view. Now, I can't talk for the Senator out of Florence - I am out of Richland not out of Clarendon. Where is the man out of Clarendon? I think the General Assembly, in emergencies, ought to educate the children in South Carolina. I believe that as you do everything else.

You went up to Clemson and built a barn there for 18 million dollars! A barn! And I ain't mad about that. If you want to build another barn in Clemson, build it! But at the same time you should educate the children! Senator from - where is that place way up there in those mountains - Pickens. Come to think of it, Clemson is up there, too. No wonder you are so quiet sitting back there.

Senator McCONNELL: As I understood it in talking to some of the parties - we are very close to working things out - working on the language; both sides need the opportunity to go with the final things to it. This issue will work its way out within the next 12 hours and we'll look at the strategy for the Senate. And, so, with the Senator retaining the floor on this Bill, if he is not finished - if he's finished, I will ask that the Senate be adjourned because we have a big Judiciary meeting.

Senator PATTERSON:   I am following your orders. Thank you, Mr. PRESIDENT.

(On motion of Senator RAVENEL, with unanimous consent, Senator PATTERSON's remarks were ordered printed in the Journal.)

ACTING PRESIDENT PRESIDES

At 3:58 P.M., Senator McCONNELL assumed the Chair.

Senator PATTERSON argued contra to the third reading of the Bill.

Objection

Senator HOLLAND asked unanimous consent to make a motion, with Senator PATTERSON retaining the floor, that the Senate stand adjourned.

Senator MARTIN objected.

Senator PATTERSON continued arguing contra to the third reading of the Bill.

RECESS

At 4:47 P.M., with Senator PATTERSON retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 5:01 P.M., the Senate resumed.

Senator PATTERSON argued contra to the third reading of the Bill.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator PATTERSON retaining the floor.

MOTION ADOPTED

On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Augustus M. Flood, Jr. of Bonneau, S.C.

ADJOURNMENT

At 5:02 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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