Senate Journal for June 4, 2001 - South Carolina Legislature Online

MONDAY, JUNE 4, 2001

Monday, June 4, 2001

(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 St. Matthew’s record of another who faced a crisis in his mission. Chapter 26:40ff:

“... He said to Peter, ‘So, could you not watch with me one hour? Watch and pray that you may not enter into temptation; the spirit indeed is willing, but the flesh is weak’.”

Let us pray.

Father, yes, the spirit is willing, but the flesh is weak!

We understand our mission! Help us to unify our goals!

We stand before Your Throne in this holy moment! Renew our strengths of body... mind... and heart!

We’ve heard humanity’s cry! We hear Your Call to our highest duty! Give us receptive hearts and some clarity to our common perceptions!

Help us to respond, not fretfully or feverishly, but with cool logic and warm compassion toward all who are looking to us for help!

Amen!

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, Southern Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Municipalities

Fred H. Boatwright, P. O. Box 1057, Orangeburg, S.C. 29116

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Soil and Water Conservation

John Leroy, 140 Savannah Street, Calhoun Falls, S.C. 29628

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Power Generation Facilities

J. Steve Hammond, 519 Tall Ships Drive, Salem, S.C. 29676

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001

5th Congressional District

Rev. Flor Morales, 2759 Chester Highway, York, S.C. 29745 VICE Robert A. Reagan

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004

5th Congressional District

Rev. Flor Morales, 2759 Chester Highway, York, S.C. 29745

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2000, and to expire August 1, 2005

Attorney

Pamela Denise Brown, Esquire, 4790-D Champion Way, North Charleston, S.C. 29418 VICE Henry L. Hamilton

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term coterminous with Governor

At-Large

Marshall N. Kalinsky, D.P.M., 18 Leinbach Drive, Suite E, Charleston, S.C. 29407

Referred to the Committee on Medical Affairs.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2626

Agency: Commission on Higher Education

Subject: Licensing Nonpublic Postsecondary Educational Institutions

Received by Lieutenant Governor June 1, 2001

Referred to Education Committee

Legislative Review Expiration September 29, 2001

(Subject to Sine Die Revision)

Leave of Absence

At 2:10 P.M., Senator McCONNELL requested a leave of absence from 2:30 - 4:45 P.M.

Leave of Absence

On motion of Senator RITCHIE, at 2:10 P.M., Senator BRANTON was granted a leave of absence for today.

Leave of Absence

On motion of Senator RICHARDSON, at 2:10 P.M., Senator RYBERG was granted a leave of absence for today.

RECALLED

H.3129 -- Reps.Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12362120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.

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

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H.3595 -- Reps. Thompson, A.Young, Hinson, Law, Limehouse, Littlejohn, MeachamRichardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 372418 AND 373418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.

Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

OBJECTION

S.129 -- Senators Moore and Setzler: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTYFIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

Senator MOORE asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance and place it on the Calendar for consideration.

Senator LEATHERMAN objected to recalling the Resolution.

Message from the House

Columbia, S.C., May 31, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S.248 -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50112200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

and has ordered the Bill Enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S.536 -- Senator Wilson: A BILL TO AMEND SECTION 5654030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 5654070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE’S HIGHWAYS FROM FORTY FEET TO FORTYFIVE FEET.

The House returned the Bill with amendments.

Senator MOORE explained the House amendments.

Senator HUTTO proposed the following amendment (JUD0536.001), which was adopted:

Amend the bill, as and if amended, page 4, in Section 56-3-8000(A), as contained in SECTION 7, by striking line 33 in its entirety and inserting therein the following:

/pursuant to either Section 501(C)(3) or, 501(C)(7), or 501(C)(8) of the Federal /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators FORD, GLOVER and JACKSON proposed the following amendment (JUD0536.002), which was adopted:

Amend the bill, as and if amended, page 4, line 40, by striking SECTION 8 in its entirety and inserting therein the following:

/SECTION8.Chapter 5, Title 56 of the 1976 Code is amended by adding:

“Section 5657000.(A)Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff’s departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:

(1)the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;

(2)identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;

(3)the alleged traffic violation that led to the stop;

(4)whether the vehicle, personal effects, driver, or any passengers were searched;

(5)the basis for the search; and

(6)the race or ethnicity of the officer.

(B)Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.

(C)The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirtyfirst of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.

(D)The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.

(E)Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff’s departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:

(1)the number of complaints received by type and location of incident by county;

(2)the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;

(3)the disposition for each complaint including, but not limited to, the following:

(a)exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;

(b)sustained. The investigation disclosed sufficient evidence to prove the allegation;

(c)not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;

(d)unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and

(4)the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.

(F)As used in subsection (E), ‘complaint’ means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.

(G)The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.

(H)Nothing in this section, in and of itself, may be construed to create a private cause of action.

(I)Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section.”

SECTION9.Section 56-5-7000 is repealed July 1, 2006.

SECTION10.SECTIONS 1 through 7 take effect upon approval by the Governor. SECTIONS 8 and 9 take effect on July 1, 2002./

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 amended and ordered returned to the House with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.728 -- Senator Pinckney: A CONCURRENT RESOLUTION TO COMMEND RICHIE PARKER OF BEAUFORT FOR HIS EFFORTS TO OVERCOME THE PHYSICAL CHALLENGES THAT LIFE HAS PRESENTED HIM AND TO CONGRATULATE HIM ON HIS NUMEROUS ACCOMPLISHMENTS AS A STUDENT AND AS A CITIZEN OF THIS STATE.

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

S.729 -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 77440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.

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Read the first time and, on motion of Senator MATTHEWS, with unanimous consent, ordered placed on the Calendar without reference.

S. 729 -- Ordered to a Second and Third Reading

On motion of Senator MATTHEWS, with unanimous consent, S.729 was ordered to receive a second and third reading on the next two consecutive legislative days.

H.3695 -- Reps. Rodgers, Allison, Freeman, Hinson, Lee, Martin, Miller, MoodyLawrence, Parks, Stuart, A.Young, Haskins, Cobb-Hunter, Gilham, MeachamRichardson, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 204160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 201375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 821310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.

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

H.4115 -- Reps. Wilkins and W.D.Smith: A JOINT RESOLUTION TO PROVIDE THAT THE TIME PERIODS STIPULATED IN THE ADMINISTRATIVE PROCEDURES ACT FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ARE TOLLED FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, TO PROVIDE THAT THE AUTHORITY FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ALSO CEASES FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, AND TO PROVIDE THAT FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, EMERGENCY REGULATIONS OR THE RENEWAL OF EMERGENCY REGULATIONS ARE PERMITTED AS THOUGH THE GENERAL ASSEMBLY WERE NOT IN SESSION.

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

H. 4225 -- Reps. J.E.Smith, Harrison, Rutherford and Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE HAND MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT 1 UPON BEING NAMED TIME MAGAZINE SCHOOL OF THE YEAR, AN HONOR THAT RECOGNIZES KINDERGARTEN THROUGH TWELFTH GRADE SCHOOLS THAT ARE CONSIDERED “EDUCATIONAL PIONEERS” AND WISH THE SCHOOL CONTINUED SUCCESS IN ALL ITS ENDEAVORS.