THURSDAY, JANUARY 18, 2001
Thursday, January 18, 2001
(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, hear the wonderful words of the First Psalm, 1ff:
“Blessed is the man who walks not in the counsel of the wicked, nor stands in the way of sinners, nor sits in the seat of scoffers;
But his delight is in the law of the Lord…”
Let us pray.
God of our fathers, we remember in gratitude that tomorrow, January 19th, is the anniversary of the birthday of that great man of Virginia and of the United States, General Robert E. Lee – in the Year of our Lord 1807.
Father, sometimes we feel that we have lost our heroes! In the hour of our need, state, national, and world need, we are looking about, and praying for leaders of heroic stature.
We thank You that memory holds open the door through which we see passing before our eyes Robert E. Lee. Though a man of peace, he did not cowardly shrink from a fight that, apparently, became necessary for many reasons.
Though he fought with courage, he endured defeat with dignity. Beloved by his friends, he was respected by his enemies because he did not confuse might with right.
May the very thought of him lift our spirits that will move us to courage to do, in our day, what is right: AS WE ARE LED TO SEE THE RIGHT!
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
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001
Robert D. Jennings, 1 Courthouse Square, P. O. Box 106, Bishopville, S.C. 29010
Message from the House
Columbia, S.C., January 16, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.453, H.3649 by a vote of 0 to103:
H. 3649 – Ways and Means Committee: SPECIAL GENERAL APPROPRIATION ACT
Veto #3. Part II, Section 1, Page 21, Department of Commerce, Item 13(i), Midlands Film Institute, $1,000,000
Very respectfully,
Speaker
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration:
Document No. 2559
Agency: Department of Education
SUBJECT: STAR Diploma
Received by Lieutenant Governor January 16, 2001
Referred to Education Committee
Legislative Review Expiration May 16, 2001
Document No. 2572
Agency: Department of Health and Environmental Control
SUBJECT: Water Classifications and Standards
Received by Lieutenant Governor January 16, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 2001
Doctor of the Day
Senator MARTIN introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator RICHARDSON, at 11:10 A.M., Senator RYBERG was granted a leave of absence for today.
Leave of Absence
At 11:15 A.M., Senator GIESE requested a leave of absence for Tuesday, January 23, 2001.
Motion Adopted
On motion of Senator McCONNELL, with unanimous consent, the deadline for adding co-sponsors on Bills and Resolutions introduced on January 10, 2001, was extended until Tuesday, January 23, 2001.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.156 -- Senators Leventis, Glover, Ford, Thomas and Reese: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE “FARM AND FOREST LANDS PROTECTION ACT” WHICH, AMONG OTHER THINGS, ESTABLISHES REQUIREMENTS, CRITERIA, AND PROCEDURES FOR THE ESTABLISHMENT OF PRIORITY AGRICULTURAL LAND AREAS AND THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING AND ENHANCING AGRICULTURAL AND FOREST LANDS AS A VIABLE SEGMENT OF THE STATE’S ECONOMY; WHICH PROVIDES FOR COMPENSATION OF LANDOWNERS FOR RELINQUISHMENT OF THE RIGHT TO DEVELOP PRIVATE PROPERTY; WHICH ESTABLISHES THE STATE PRIORITY AGRICULTURAL LAND BOARD WITHIN THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER A PROGRAM TO DISBURSE FUNDS FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, AND TO PROVIDE FOR ITS MEMBERS AND THEIR POWERS AND DUTIES; AND WHICH AUTHORIZES COUNTY COUNCILS TO ESTABLISH COUNTY PRIORITY AGRICULTURAL LAND BOARDS AND TO PROVIDE FOR THEIR POWERS AND DUTIES.
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Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S.157 -- Senator Reese: A BILL TO AMEND SECTION 38-55-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH INSURANCE FRAUD, SO AS TO DEFINE “PATTERN OR PRACTICE”; TO AMEND SECTION 3855540, RELATING TO CRIMINAL PENALTIES FOR AN INSURER MAKING A FALSE STATEMENT OR MISREPRESENTATION, SO AS TO CREATE A FELONY FOR SECOND OR SUBSEQUENT VIOLATIONS AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 3855550, RELATING TO CIVIL PENALTIES FOR AN INSURER MAKING A FALSE STATEMENT OR MISREPRESENTATION, SO AS TO CREATE A CAUSE OF ACTION, OTHER THAN A CLASS ACTION, FOR INJURY RESULTING FROM SUCH CONDUCT, TO AUTHORIZE AN AWARD OF TREBLE DAMAGES, TO PROVIDE FOR THE DISPOSITION OF SUCH A JUDGMENT, AND TO FURTHER PROVIDE FOR THE PROCEDURES APPLICABLE TO THIS CIVIL REMEDY.
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Read the first time and referred to the Committee on Banking and Insurance.
S.158 -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC EMPLOYMENT, BY ADDING SECTION 11560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND TO AMEND CHAPTER 101 OF TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59101375, SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL’S SELECTIVE SERVICE STATUS.
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Read the first time and referred to the Committee on Education.
S.159 -- Senator Moore: A BILL TO AMEND SECTION 5911120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS’ CHILDREN AT STATESUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS, SO AS TO PROVIDE THAT CHILDREN OF VETERANS AWARDED A PURPLE HEART FOR WOUNDS RECEIVED IN COMBAT ALSO QUALIFY FOR FREE TUITION UNDER THE CONDITIONS STIPULATED IN THIS SECTION.
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Read the first time and referred to the Committee on Education.
S.160 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF ALL SCHOOL NURSES IN SOUTH CAROLINA WHO HELP ENSURE THE HEALTH, SAFETY, AND ACADEMIC SUCCESS OF OUR YOUNG STUDENTS AND TO COMMEND THEM FOR THEIR CONTRIBUTIONS TO THE YOUTH OF THIS STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.161 -- Senator Moore: A BILL TO AMEND SECTION 1237220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXTEND THE MOTOR VEHICLE TAX EXEMPTION FOR A DISABLED VETERAN TO THE SURVIVING SPOUSE FOR A LIFETIME OR UNTIL REMARRIAGE.
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Read the first time and referred to the Committee on Finance.
S.162 -- Senator Moore: A BILL TO AMEND SECTION 1237220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
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Read the first time and referred to the Committee on Finance.
S.163 -- Senator Martin: A BILL TO AMEND SECTIONS 911790 AND 91190, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTYFIVE THOUSAND DOLLARS TO FORTYFIVE THOUSAND DOLLARS IN A FISCAL YEAR.
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Read the first time and referred to the Committee on Finance.
S.164 -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 101210 SO AS TO MAKE IT UNLAWFUL TO DISTURB, INTERFERE, OR REMOVE MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS AND PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Finance.
S.165 -- Senator Moore: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS, INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.
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The Concurrent Resolution was introduced and referred to the General Committee.
S.166 -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION OF THE GENERAL ASSEMBLY ENACTING LOCAL OR SPECIAL LAWS, SO AS TO ALLOW A COUNTY BY ORDINANCE, BY A VOTE OF A MAJORITY OF A COUNTY’S LEGISLATIVE DELEGATION OR A PETITION SIGNED BY FIVE PERCENT OF A COUNTY’S REGISTERED ELECTORS, SUBJECT TO A FAVORABLE REFERENDUM, TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COINOPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
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Read the first time and referred to the Committee on Judiciary.
S.167 -- Senators Ford and Leventis: A BILL TO AMEND SECTION 1-7-330 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURTS AND PREPARATION OF DOCKETS, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR CIRCUIT COURT RATHER THAN THE CIRCUIT SOLICITOR IS RESPONSIBLE FOR DETERMINING THE ORDER OF CASES FOR THE GENERAL SESSIONS DOCKETS.
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Read the first time and referred to the Committee on Judiciary.
S.168 -- Senator Ford: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, SO AS TO ENACT A STATEWIDE CURFEW, TO PROVIDE A CIVIL PENALTY FOR A VIOLATION OF THE CURFEW, AND TO PROVIDE A PROCEDURE WHEREBY MUNICIPALITIES AND COUNTIES MAY “OPT OUT” OF THE CURFEW.
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Read the first time and referred to the Committee on Judiciary.
S.169 -- Senator Grooms: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AFFECTING THE GOVERNOR, BY ADDING SECTION 1360 SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE GOVERNOR MAY ISSUE AN EXECUTIVE ORDER.
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Read the first time and referred to the Committee on Judiciary.
S.170 -- Senator Moore: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE GOVERNMENT OF THE UNITED STATES TO MAINTAIN ITS COMMITMENT TO AMERICA’S MILITARY RETIREES BY PROVIDING LIFETIME HEALTH CARE FOR MILITARY RETIREES OVER THE AGE OF SIXTYFIVE YEARS, TO PROVIDE AMERICA’S MILITARY RETIREES AND THEIR FAMILIES WITH THE HEALTH CARE THEY WERE PROMISED AND EARNED BY ENACTING COMPREHENSIVE LEGISLATION THAT AFFORDS MILITARY RETIREES ACCESS TO HEALTH CARE THROUGH MILITARY TREATMENT FACILITIES OR THE MILITARY’S NETWORK OF HEALTH CARE PROVIDERS, AND BY ENACTING LEGISLATION OPENING THE FEDERAL EMPLOYEES HEALTH BENEFIT PROGRAM TO UNIFORM SERVICES BENEFICIARIES ELIGIBLE FOR MEDICARE ON THE SAME BASIS AND CONDITIONS THAT APPLY TO FEDERAL CIVILIAN EMPLOYEES.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S.171 -- Senator Moore: A BILL TO AMEND SECTION 5633310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE FEE FOR THE LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S.172 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5652952 SO AS TO PROVIDE THAT A CHEMICAL TEST OF THE BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS MUST BE PERFORMED ON THE DRIVER OF A MOTOR VEHICLE WHO SURVIVES A FATAL MOTOR VEHICLE ACCIDENT.
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Read the first time and referred to the Committee on Transportation.
S.173 -- Senator Moore: A BILL TO AMEND SECTION 5633310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
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Read the first time and referred to the Committee on Transportation.
S.174 -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL