WEDNESDAY, APRIL 10, 2002
Wednesday, April 10, 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 ACTING PRESIDENT, Senator MARTIN.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words of encouragement from Isaiah, Chapter 28:5-6:
“In that day the Lord of hosts will be a garland of glory, and a diadem of beauty, to the remnant of His people... and strength to those who turn back the battle at the gate.”
Let us pray.
Father, we have many “battles at the gates.”
Help us to cultivate capacities for insights into the complicated problems of our people, and skills of communication with them, and with each other, that we may meet every issue as those who serve in the “power of His might.”
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable James H. Hodges:
Local Appointment
Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Joseph Griffin Beckman, 901 Nance Street, Newberry, S.C. 29108 VICE Charles Rushton
REGULATION WITHDRAWN AND RESUBMITTED
The following was received:
Document No. 2610
Agency: Department of Public Safety
Subject: Article 9. In Car Camera Videotaping Equipment
Received by Lieutenant Governor June 6, 2001
Referred to Judiciary Committee
Legislative Review Expiration October 4, 2001
Subject to Sine Die Revision
Revised June 7, 2001 May 6, 2002
Revised April 10, 2001 May 19, 2002
Revised Review Period June 7, 2001
Expiration Date May 6, 2002
Senate Judiciary Committee Requested Withdrawal March 27, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 10, 2002
Expiration Date May 19, 2002
Doctor of the Day
Senator J. VERNE SMITH introduced Dr. Charles B. Thomas of Greenville, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator HAYES, at 2:05 P.M., Senator THOMAS was granted a leave of absence until 6:00 P.M. today.
Leave of Absence
At 2:45 P.M., Senator RICHARDSON requested a leave of absence for Thursday, April 11, 2002.
Expression of Personal Interest
Senator McCONNELL rose for an Expression of Personal Interest.
PRESIDENT PRESIDES
At 12:17 P.M., the PRESIDENT assumed the Chair.
Expression of Personal Interest
Senator FORD rose for an Expression of Personal Interest.
Motion Adopted
On motion of Senator McCONNELL, with unanimous consent, Senators ALEXANDER, RAVENEL and HOLLAND were granted leave to attend a meeting and be counted in any quorum calls.
RECALLED AND READ THE SECOND TIME
S.1187 -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator RANKIN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the committee.
Senator RANKIN asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator RANKIN, with unanimous consent, the Joint Resolution was read the second time.
S.1187--Ordered to a Third Reading
On motion of Senator RANKIN, with unanimous consent, S.1187 was ordered to receive a third reading on Thursday, April 11, 2002.
RECALLED AND COMMITTED
H.4589 -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 4839145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 483910 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.
Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
There was no objection.
The Bill was recalled from the committee.
Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator GREGORY asked unanimous consent to commit the Bill to the Committee on Fish, Game and Forestry.
There was no objection.
The Bill was committed to the Committee on Fish, Game and Forestry.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1200 -- Senators J. Verne Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O’Dell, Reese, Hayes, Elliott, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn and Richardson: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE “STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT” SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
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Senator J. VERNE SMITH spoke on the Bill.
Read the first time and, on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.
S.1201 -- Senator Mescher: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA’S MOST DISTINGUISHED NATIONAL AND INTERNATIONAL BUSINESS LEADERS, MR. CHARLES W. COKER, CHAIRMAN OF THE BOARD OF SONOCO PRODUCTS COMPANY OF HARTSVILLE, FOR HIS LIFELONG CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, STATE, AND NATION AND TO PARTICULARLY ACKNOWLEDGE HIS INSTRUMENTAL ROLE IN THE ESTABLISHMENT OF THE SOUTH CAROLINA GOVERNOR’S SCHOOL FOR SCIENCE AND MATHEMATICS IN HARTSVILLE.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1202 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S.1203 -- Senator Gregory: A BILL TO AMEND SECTION 501110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.1204 -- Senator Gregory: A BILL TO AMEND SECTION 50185, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO “CRIMINAL NEGLIGENCE”, TO FURTHER DEFINE “NEGLIGENCE”, AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.1205 -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT ATLARGE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S.1206 -- Senator Reese: A JOINT RESOLUTION TO AUTHORIZE THE SPARTANBURG COUNTY COUNCIL TO APPOINT LAW ENFORCEMENT OFFICERS TO PATROL AND PROTECT ALL COUNTY-OWNED BUILDINGS AND LAND, TO INCLUDE THE SPARTANBURG COUNTY DETENTION FACILITY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H.4883 -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 4929230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER.
Read the first time and, on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.
H.4883--Ordered to a Second and Third Reading
On motion of Senator McGILL, with unanimous consent, H.4883 was ordered to receive a second and third reading on the next two consecutive legislative days.
H.5033 -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, CobbHunter, 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, MeachamRichardson, Merrill, Miller, MoodyLawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, 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, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE OUTSTANDING LEADERSHIP AND UNBOUNDED COMMITMENT OF CLEMSON UNIVERSITY ATHLETIC DIRECTOR, BOBBY ROBINSON, ON THE OCCASION OF HIS UPCOMING RETIREMENT AND TO PUBLICLY RECOGNIZE, COMMEND, AND CONGRATULATE OUR GOOD FRIEND.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5045 -- Rep.J.R.Smith: A CONCURRENT RESOLUTION TO EXPRESS BEST WISHES TO MRS. MILDRED LAMBERT OF AIKEN COUNTY, SOUTH CAROLINA, ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5046 -- Reps. J.E.Smith, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, CobbHunter, 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, MeachamRichardson, Merrill, Miller, MoodyLawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.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 DESIGNATE APRIL AS PSYCHOLOGICALLY HEALTHY WORKPLACE MONTH IN SOUTH CAROLINA AND TO URGE BUSINESSES TO PROMOTE PSYCHOLOGICALLY HEALTHY WORKPLACES FOR THE BENEFIT OF THE EMPLOYEES AND THE COMPANIES.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H.5050 -- Rep.Govan: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE ORANGEBURGWILKINSON VARSITY GIRLS BASKETBALL TEAM ON THEIR PHENOMENAL, PERFECT SEASON AND THEIR 2002 CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5052 -- Rep.Hosey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ALLENDALEFAIRFAX CLASS AA STATE CHAMPIONSHIP BASKETBALL TEAM ON THE TIGERS’ MOMENTOUS RALLY TO TOPPLE THE FAVORITES FROM CALHOUN COUNTY 6459 AND GRAB THE SCHOOL’S FIRST STATE BASKETBALL TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5053 -- Rep.Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE STATE OF SOUTH CAROLINA TO THE ALLENDALE-FAIRFAX HIGH SCHOOL DEBATE TEAM ON ITS EXCELLENT JANUARY 2002 SHOWING AGAINST NATIONWIDE COMPETITION AT THE ARIZONA STATE UNIVERSITY TOURNAMENT AND HONORING ITS RECENT STELLAR EFFORTS IN STATE COMPETITION.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5059 -- Rep.Sandifer: A CONCURRENT RESOLUTION TO HONOR HELEN MARTIN OF SENECA IN OCONEE COUNTY WHOSE OUTSTANDING COMMITMENT TO COMMUNITY INVOLVEMENT AND IMPROVEMENT HAS BEEN RECOGNIZED BY ECKERD DRUG STORE CORPORATION’S FOURTH ANNUAL SALUTE TO WOMEN PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5072 -- Rep.Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE SENECA HIGH SCHOOL HONORS CHORALE FOR WINNING THE STATE TITLE AMONG AAA SCHOOLS AND FOR TYING FOR THE GRAND CHAMPIONSHIP AT THE STATE CHORAL FESTIVAL, TO CONGRATULATE THE HONORS CHORALE FOR A LONG TRADITION OF EXCELLENCE IN THE PERFORMING MUSICAL ARTS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5073 -- Rep.Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY RAIDER VARSITY FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP ON NOVEMBER 16, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5074 -- Rep.Koon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY ELLEN “SUE” RAWL WINGARD OF LEXINGTON, ON SATURDAY, MARCH 16, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H.5075 -- Rep.Townsend: A CONCURRENT RESOLUTION TO COMMEND MR. MARSHALL P. WATT, JR., OF IVA, SOUTH CAROLINA, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO HIS COMMUNITY AND FOR HIS COMMITMENT TO HELPING OTHERS THROUGH A WIDE RANGE OF ACTIVITIES AND RESPONSIBILITIES.