THURSDAY, MARCH 21, 2002
Thursday, March 21, 2002
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, let us pray.
Eternal and beloved Lord, You are ever to be worshipped by the sons and daughters of men. Your will is ever to be sought in the public and private affairs of mankind.
Forgive us for the consummate conceit of many of us that mankind is the measure of things on earth. Some call it secularism!
Free us from a cheap and shoddy faith that cleaves to You only so long as You coddle us, and forbid that we should shrink from any sacrifice demanded by our loyalty to the God of love and justice.
We pray with Ken Medema:
“Lord, listen to your children praying,
Lord, send Your Spirit in this place;
Lord, listen to Your children praying,
send us love, send us pow’r, send us grace.”
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 committee for consideration:
Document No. 2715
Agency: Department of Health and Environmental Control
Subject: Infectious Waste Management Regulations
Received by Lieutenant Governor March 20, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 18, 2002
Subject to Sine Die Revision
Document No. 2719
Agency: Department of Health and Environmental Control
Subject: Vital Statistics
Received by Lieutenant Governor March 20, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 18, 2002
Subject to Sine Die Revision
Document No. 2721
Agency: Department of Health and Environmental Control
Subject: Waste Combustion and Reduction
Received by Lieutenant Governor March 20, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 18, 2002
(Subject to Sine Die Revision)
Doctor of the Day
Senator LAND introduced Dr. Clarence E. Coker, Jr. of Manning, S.C., Doctor of the Day.
CO-SPONSORS ADDED
S.1110 -- Senators J.Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1263392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.
On motion of Senator O’DELL, with unanimous consent, the names of Senators O’DELL, McGILL, REESE and RANKIN were added as co-sponsors of S. 1110.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1148 -- Senator Matthews: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE DR. MICHAEL C. WATSON OF BAMBERG FOR HIS DISTINGUISHED CAREER AS A PHYSICIAN AND FOR HIS DEDICATION TO THE MEDICAL PROFESSION, AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT FROM THE BAMBERG COUNTY HOSPITAL AFTER MORE THAN THIRTY YEARS OF SERVICE.
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The Senate Resolution was adopted.
S.1149 -- Senators J. Verne Smith, Peeler, Courson, Ryberg and Leatherman: A BILL TO AMEND SECTION 10-1-10 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, TO CLARIFY THE BOARD’S AUTHORITY; TO AMEND SECTION 10-1-30 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES’ AUTHORITY TO AUTHORIZE THE USE OF THE STATE HOUSE, TO MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE, TO CLARIFY THE COMMITTEE’S AUTHORITY; TO AMEND SECTION 10-11-310 OF THE 1976 CODE, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, TO DELETE A REFERENCE TO SENATE STREET; TO AMEND SECTION 60-12-90 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, TO DELETE A REFERENCE TO CAPITOL COMPLEX; TO AMEND SECTION 2-3-90 OF THE 1976 CODE, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; AND TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, TO INCLUDE ANY OFFICE BUILDING OCCUPIED BY THE RESPECTIVE BODIES.
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Read the first time and, on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.
S.1150 -- Senator Thomas: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 RELATING TO CERTIFIED ANIMAL CARETAKERS SO AS TO PROVIDE FOR THE PURPOSE AND DEFINITIONS USED IN THIS ARTICLE, TO CREATE THE COMMERCIAL KENNEL AND CERTIFIED ANIMAL CARETAKERS EXAMINERS BOARD AND PROVIDE FOR ITS MEMBERS, TERMS, POWERS, AND DUTIES; TO PROVIDE FOR REGISTRATION, EXAMINATION, AND CERTIFICATION OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR SUSPENSION OR REVOCATION OF CERTIFICATES OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR PUBLICATION OF A ROSTER OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WORK AS A CERTIFIED ANIMAL CARETAKER WITHOUT COMPLYING WITH THE CERTIFICATION REQUIREMENTS OF THIS ARTICLE OR TO KNOWINGLY PRESENT FALSE INFORMATION FOR THE PURPOSE OF OBTAINING A CERTIFICATE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS NOT A CERTIFIED ANIMAL CARETAKER TO OPERATE A COMMERCIAL BOARDING KENNEL IN THIS STATE UNLESS THE ACTUAL OPERATION OF THE BOARDING KENNEL IS UNDER THE DIRECT SUPERVISION OF A CERTIFIED ANIMAL CARETAKER; TO PROVIDE THAT IT IS UNLAWFUL FOR A KENNEL OWNER OR OPERATOR, A CERTIFIED ANIMAL CARETAKER, OR ANOTHER PERSON TO OPERATE A COMMERCIAL BOARDING KENNEL THAT DOES NOT PROVIDE PROPER CARE AND TREATMENT, INCLUDING EMERGENCY VETERINARY CARE WHEN NECESSARY, ADEQUATE WATER, ADEQUATE FEED, PROPER AMBIENT TEMPERATURE, SANITIZED BEDDING, SANITIZED PRIMARY ENCLOSURES, AND SANITIZED HOUSING FACILITIES FOR ALL ANIMALS AND PETS BOARDED WITHIN THE KENNEL AT ALL TIMES; TO PROVIDE FOR THE ENFORCEMENT OF THIS ARTICLE BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND FOR INVESTIGATIONS INTO REPORTS OF VIOLATIONS OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S.1151 -- Senators McConnell, Moore, Leatherman, Land, Ryberg, Martin, Jackson, Ford, Reese, Setzler and Richardson: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENTOWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENTOWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
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Read the first time and referred to the Committee on Judiciary.
S.1152 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR. OF SUMTER COUNTY UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1153 -- Senator J. Verne Smith: A SENATE RESOLUTION TO EXPRESS THE DEEP APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO LARRY I. JAMES FOR HIS UNBOUNDED COMMITMENT TO THE GREER PUBLIC SCHOOLS AND TO PROCLAIM MONDAY, MARCH 25, 2002, AS “LARRY I. JAMES DAY” FOR HIS ACTIVE INVOLVEMENT AND CONTRIBUTIONS TO THE STUDENTS, FACULTY, AND ADMINISTRATION OF THE GREER PUBLIC SCHOOLS.
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The Senate Resolution was adopted.
H.4321 -- Reps. Sheheen, Cotty, Lucas and J.M.Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS WHERE IT INTERSECTS WITH UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS “CAMDENHOME OF BASEBALL HALLOFFAMER MR. LARRY DOBY”.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H.4583 -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G.Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J.Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.
Read the first time and referred to the Committee on Banking and Insurance.
H.4869 -- Reps. Govan, MoodyLawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J.Brown, Clyburn, Emory, Frye, Gourdine, J.Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, MeachamRichardson, Merrill, J.H.Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C.Smith, J.E.Smith, J.R.Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A.Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA’S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.
Read the first time and referred to the Committee on Judiciary.
REPORTS OF STANDING COMMITTEE
Invitations Accepted
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the NATIONAL GUARD ASSOCIATION OF S.C. to attend a luncheon on the State House Grounds on Tuesday, April 2, 2002, immediately upon adjournment and lasting until 2:00 P.M.
Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0
AYES
Courson Matthews Patterson
O'Dell McGill Waldrep
Alexander Bauer Peeler
Elliott Kuhn
TOTAL--11
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA ASSOCIATION OF TOURISM REGIONS to attend a reception at the Clarion Town House Hotel on Tuesday, April 2, 2002, from 6:00 until 8:00 P.M.
Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0
AYES
Courson Matthews Patterson
O'Dell McGill Waldrep
Alexander Bauer Peeler
Elliott Kuhn
TOTAL--11
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA VOCATIONAL REHABILITATION ASSOCIATION to attend a reception at the Sheraton Hotel on Wednesday, April 3, 2002, from 6:00 until 7:30 P.M.
Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0
AYES
Courson Matthews Patterson
O'Dell McGill Waldrep
Alexander Bauer Peeler
Elliott Kuhn
TOTAL--11
NAYS
TOTAL--0
HOUSE CONCURRENCE
S.975 -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE “COURSENTATE CROSSING” IN MEMORY OF SHERIFF DEPUTIES DYKE “A. J.” COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS “COURSENTATE CROSSING” IN MEMORY OF DEPUTIES COURSEN’S AND TATE’S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
HOUSE BILL RETURNED
The following House Bill was read the third time and ordered returned to the House with amendments:
H.3598 -- Reps. Cato, Barfield, Battle, Carnell, Chellis, CobbHunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, MeachamRichardson, J.H.Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A.Young, J.Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.
THIRD READING BILL
The following Bill was read the third time and ordered sent to the House of Representatives:
S.561 -- Senator Setzler: A BILL TO AMEND SECTION 592630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS
The following Bill and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S.1005 -- Senators J.Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman and O’Dell: A BILL TO AMEND SECTION 12602510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
Senator J. VERNE SMITH explained the Bill.
S.1109 -- Senators McConnell, Moore, Land and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.