Senate Journal for Mar. 7, 2001 - South Carolina Legislature Online

WEDNESDAY, MARCH 7, 2001

Wednesday, March 7, 2001

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The Senate assembled at 1:30 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, St. Paul wrote to the Romans… in Phillip’s rendering: (Chapter 12:21):

“Do not be overcome by evil, but overcome evil with good.”

Let us pray.

Almighty God, forbid that we shall ever think of You as our ULTIMATE CONVENIENCE.

Forgive us when we persist in living according to our selfish wills after we have prayed “THY WILL BE DONE.”

Help us to understand that a confidence and trust in our God is a consequence as well as a prerequisite to conforming our wills to Yours.

In these days when man is flying far above the birds and descending deeper than the fish, and man’s voice is being heard among the planets, and man’s eyes are seeing new unseen worlds in the molecules of matter, God wants us to act like His children, and show love and mercy and kindness and creativity and redemptiveness in our dealings with each other… TO YOUR GLORY!

Amen.

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

Doctor of the Day

Senator MOORE introduced Dr. B. E. "Ned" Nicholson of Edgefield, S.C., Doctor of the Day.

RECALLED AND COMMITTED

S.348 -- Senators Branton, Grooms, McConnell, Ravenel, Giese, Mescher, Ryberg, Peeler, Hayes, Thomas, Fair, Wilson, Waldrep, Verdin, Leatherman and Martin: A BILL TO AMEND SECTION 817320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF CERTAIN TERMS THAT APPLY TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO REVISE THE DEFINITION OF “INVOLUNTARY REASSIGNMENT” TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO REASSIGN A DIRECTOR OF A DEPARTMENT OF CORRECTIONS’ INSTITUTION TO ANY FACILITY WITHIN THE STATE.

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

There was no objection.

Senator BRANTON asked unanimous consent to commit the Bill to the Committee on Corrections and Penology.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.417 -- Senator Giese: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 12 SO AS TO ENACT THE “SOUTH CAROLINA RIPARIAN BUFFER ZONE MANAGEMENT ACT OF 2000”; TO REGULATE RIPARIAN LAND USE AND VARIANCES SO AS TO PROVIDE FOR RIPARIAN BUFFER ZONES FOR STREAMS, RIVERS, ESTUARIES, AND OTHER WATERS OF THIS STATE; TO PROVIDE FOR IMPLEMENTATION OF RIPARIAN BUFFER ZONE REQUIREMENTS BY LOCAL GOVERNMENT ORDINANCES AND REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THAT, IF A LOCAL GOVERNMENT FAILS TO ADOPT AND ENFORCE THE MINIMUM RIPARIAN BUFFER PROTECTION PROGRAM REQUIREMENTS, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ADMINISTER AND ENFORCE THE MINIMUM STATEWIDE RIPARIAN BUFFER ZONE REQUIREMENTS WITHIN ALL OR THE AFFECTED PORTION OF THE LOCAL JURISDICTION; TO PROVIDE FOR ENFORCEMENT PROCEDURES; AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

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Senator GIESE spoke on the Bill.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S.418 -- Senator Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, BY ADDING SECTION 59-40-200 SO AS TO PROVIDE THAT ANY PROVISION OF CHAPTER 40 OF TITLE 59 DETERMINED TO BE INVALID SHALL NOT AFFECT THE REMAINING PROVISIONS OF THE CHAPTER.

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

S.419 -- Senators Pinckney, Drummond, Matthews, J.VerneSmith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 410330, AS AMENDED, 410340, AND 410360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.

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Senator PINCKNEY spoke on the Bill.

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

S.420 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1263360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT QUALIFYING JOBS CREATED IN A COUNTY WHICH IS NOT TRAVERSED BY AN INTERSTATE HIGHWAY ARE ELIGIBLE FOR A CREDIT ONE TIER HIGHER THAN WOULD OTHERWISE APPLY AND TO PROVIDE AN EXCEPTION.

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

S.421 -- Senator Wilson: A BILL TO AMEND SECTIONS 1471610, 1471615, AND 1471630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

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

S.422 -- Senator McGill: A SENATE RESOLUTION TO COMMEND MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE, FOR HIS UNTIRING EFFORTS TO ENSURE FUTURE GENERATIONS OF SOUTH CAROLINIANS WILL KNOW AND ENJOY THE RICH HERITAGE OF OUR STATE’S NATIVE AMERICAN INDIANS AND TO RECOGNIZE HIM FOR HIS EFFORTS TO PRESERVE THE TRADITIONAL WAYS OF INDIAN CULTURE.

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The Senate Resolution was adopted.

S.423 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECHLANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA’S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.

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

S.424 -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THE EAST AND WESTBOUND LANES OF INTERSTATE HIGHWAY 26 BETWEEN MILE MARKER 199 IN BERKELEY COUNTY AND ITS TERMINAL INTERCHANGE WITH UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THAT READS “NO TRUCKS 3 AXLES OR MORE LEFT LANE EXCEPT TO PASS”.

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

S.425 -- Senators Wilson, Ryberg, Bauer, Setzler, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Short, J.VerneSmith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE’S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE RYAN C. SHEALY, A FORMER MEMBER OF THE SOUTH CAROLINA STATE SENATE AND THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

H.3100 -- Reps.Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1617750 SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY REPLACES A MOTOR VEHICLE’S INFLATABLE RESTRAINT SYSTEM WITH AN OBJECT WHICH IS NOT DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS IS GUILTY OF A CRIME, AND TO PROVIDE CERTAIN PENALTIES.

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

H.3141 -- Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16110, 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 16120, 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 SECTION 16130, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24320, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTION 2413125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM “NO PAROLE OFFENSES” AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 2413150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE “AN OFFENSE” FOR THE TERM “NO PAROLE OFFENSE” AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 2413210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTION 2413230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTION 2413430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 2413650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTIONS 2413710 AND 2413720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM “NO PAROLE OFFENSE” AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24131310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTION 242130, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 2421560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM “NO PAROLE OFFENSE”; TO AMEND SECTION 242610, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 242620, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 242650, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION’S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 21366, 16190, 161100, AND 161110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 2413100 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.

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

H.3309 -- Reps.CobbHunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE “SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT” WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

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

H.3425 -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4456202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

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

H.3659 -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

H. 3674 -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser, Stuart: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RYAN C. SHEALY OF LEXINGTON, BELOVED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES

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

S.46 -- Senators Ford, Elliott, Reese and Branton: A BILL TO AMEND SECTION 236145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT OFFICERS FROM USING RACE AS A FACTOR IN THEIR DECISION TO STOP A VEHICLE.