THURSDAY, MARCH 7, 2002
Thursday, March 7, 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, these are weird days in which to have to bear the burden of leadership at any level. Hear a word from the ancient past: Deuteronomy 10:12ff:
“So now, O Israel, what does the Lord your God require of you? Only to fear the Lord your God, to walk in all his ways, to love Him, to serve the Lord your God with all your heart and with all your soul, and to keep the commandments of the Lord your God and His decrees that I am commanding you today for your own well-being.”
Let us pray.
Father, bless the mothers and fathers of our dead soldiers, the cream of our youth, being brought home for burial.
Give us a vision of a social order where the throne of God is the dynamic center and the love of our fellow man the all-pervading principle.
We pray in the name of the God of Moses, the Lord of Lords!
Amen.
Point of Quorum
At 11:05 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Call of the Senate
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer
Branton Drummond Elliott
Fair Ford Giese
Glover Gregory Grooms
Hawkins Hayes Holland
Hutto Jackson Land
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Moore O'Dell
Peeler Rankin Ravenel
Reese Richardson Ritchie
Ryberg Setzler Short
Smith, J. Verne Thomas Verdin
Waldrep
A quorum being present, the Senate resumed.
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
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2001, and to expire June 30, 2005
SC Bankers Association - Banker
Paul W. Stringer, The Palmetto Bank, 301 Hillcrest Ave., Laurens, S.C. 29360
Referred to the Committee on Banking and Insurance.
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
George W. Cox, P.O. Box 1110, Myrtle Beach, S.C. 29578
Referred to the General Committee.
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
5th Congressional District
Clyde M. Jones, 1002 Sunnyhill Dr., Camden, S.C. 29020
Referred to the General Committee.
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
3rd Congressional District
Paul H. Kennemore, Jr., Greenwood Saw Company, P.O. Box 12, Greenwood, S.C. 29648
Referred to the General Committee.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006
4th Congressional District
Mary Sue Sonksen, 102 Edgebrook Ct., Spartanburg, S.C. 29302 VICE Cynthia E. Rhames
Referred to the General Committee.
Initial Appointment, South Carolina Crime Victims Advisory Board, with term to commence August 1, 1998, and to expire August 1, 2003
Crime victim
Barbara Keefe De Vane, 2218 Chadwick Dr., Florence, S.C. 29501 VICE Dennis H. Taylor
Referred to the Committee on Judiciary.
Expression of Personal Interest
Senator GREGORY rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator GROOMS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator FORD rose for an Expression of Personal Interest.
CO-SPONSOR ADDED
S.986 -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land and Mescher: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 986.
Motion to Ratify Adopted
At 11:45 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.
There was no objection and a message was sent to the House accordingly.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2710
Agency: Department of Natural Resources
SUBJECT: Non-Game and Endangered Species
Received by Lieutenant Governor March 7, 2002
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration July 5, 2002
(Subject to Sine Die revision)
Doctor of the Day
Senator LAND introduced Dr. Thomas E. Gibbons of Columbia, S.C., Doctor of the Day.
RECALLED
S.944 -- Senator Glover: A BILL TO GRANT THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES THE AUTHORITY TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT A REFERENDUM, TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED IF THE INCREASE EXCEEDS FIVE MILLS IN ORDER TO COMPLY WITH REQUIREMENTS OF STATE LAW, AND TO PROVIDE THAT THE INCREASE, EXCLUDING ANY INCREASES REQUIRED BY LAW, MAY NOT EXCEED TWENTY MILLS OVER A FIVEYEAR PERIOD.
Senator GLOVER asked unanimous consent to make a motion to recall the Bill from the Florence County Delegation.
There was no objection.
The Bill was recalled from the delegation.
On motion of Senator GLOVER, the Bill was ordered placed on the local Calendar.
RECALLED
S.1092 -- Senators Leatherman and Short: A BILL TO AMEND SECTION 645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE “TOURIST” TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.
Senator SHORT asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the committee.
On motion of Senator SHORT, with unanimous consent, the Bill was ordered placed on the second reading Calendar.
There was no objection.
RECALLED
H.4413 -- Reps.Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: A BILL TO AMEND SECTION 4839290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ONGOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Senator WALDREP 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.
On motion of Senator WALDREP, with unanimous consent, the Bill was ordered placed on the Calendar.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1095 -- Senator Grooms: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR TUITION PAID TO AN INSTITUTION OF HIGHER LEARNING, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY FOR THE TAX CREDIT THE STUDENT MUST HAVE EARNED AT LEAST TWENTY-SEVEN CREDIT HOURS RATHER THAN THIRTY CREDIT HOURS IN THE YEAR THE CREDIT IS CLAIMED IF THE STUDENT BEGAN EACH SEMESTER OF THAT YEAR WITH A COURSE LOAD OF AT LEAST FIFTEEN HOURS.
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Read the first time and referred to the Committee on Finance.
S.1096 -- Senator Moore: A BILL TO AMEND SECTION 5011140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.1097 -- Senators Alexander, J.VerneSmith, Peeler, Patterson, Thomas, O'Dell, Ritchie, Giese and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-120 SO AS TO PROHIBIT REQUIRING PRIOR AUTHORIZATION OR OTHER RESTRICTIONS ON MEDICAID RECIPIENTS FOR ATYPICAL ANTIPSYCHOTIC MEDICATIONS USED TO TREAT MENTAL ILLNESS.
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Read the first time and referred to the Committee on Medical Affairs.
S.1098 -- Senator Peeler: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA NURSES SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
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Read the first time and referred to the Committee on Transportation.
S.1099 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, 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.1100 -- Senators Grooms and Mescher: A BILL TO PROVIDE THAT THE STATE PORTS AUTHORITY MUST OBTAIN THE APPROVAL OF A MAJORITY OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION PRIOR TO CONSTRUCTING A
TERMINAL OR RAILROAD WITHIN THE BERKELEY COUNTY SCHOOL DISTRICT.
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Senator GROOMS spoke on the Bill.
Point of Order
Senator GROOMS raised a Point of Order that the Bill was local in scope and should be placed on the Local and Uncontested Calendar.
Senator RYBERG spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The Bill was read the first time and referred to the Committee on Transportation.
S.1101 -- Senators Grooms and Mescher: A BILL TO PROVIDE THAT, PRIOR TO CONSTRUCTION OF RAILROADS IN BERKELEY COUNTY, A STUDY MUST BE CONDUCTED BY THE BERKELEY COUNTY LEGISLATIVE DELEGATION CONCERNING THE ECONOMIC AND ENVIRONMENTAL IMPACT OF THAT CONSTRUCTION PROJECT AND PROVIDE THAT, IF THE DELEGATION FINDS THAT THE PROJECT WOULD DIMINISH PROPERTY VALUES WITHIN BERKELEY COUNTY, THE PROJECT MAY NOT BE COMMENCED WITHOUT APPROVAL OF THE GENERAL ASSEMBLY.
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Senator GROOMS spoke on the Bill.
Read the first time and ordered placed on the Local and Uncontested Calendar.
S.1102 -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND MISS MALLORY HETZEL FOR HER MAGNIFICENT PERFORMANCE ON THE GOLF COURSE WHILE REPRESENTING THE SUMMERVILLE GIRLS GOLF TEAM AND TO CONGRATULATE HER ON WINNING THE 2001 SOUTH CAROLINA HIGH SCHOOL GIRLS GOLF CHAMPIONSHIP.
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The Senate Resolution was adopted.
S.1103 -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE SUMMERVILLE GIRLS CROSS COUNTRY TEAM FOR THEIR EXCELLENT SEASON OF COMPETITION AND TO CONGRATULATE THE TEAM ON WINNING THE 2001 GIRLS CROSS COUNTRY STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S.1104 -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE LADY “WAVE” SWIM TEAM OF SUMMERVILLE HIGH SCHOOL FOR ANOTHER TERRIFIC SEASON OF COMPETITION AND CONGRATULATE THE TEAM ON WINNING THEIR SECOND CONSECUTIVE AAAA STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S.1105 -- Senators Branton and Grooms: A SENATE RESOLUTION TO COMMEND THE WRESTLERS, COACHES, AND STAFF OF THE SUMMERVILLE HIGH SCHOOL WRESTLING TEAM FOR THEIR HARDNOSED EFFORT DURING THE SEASON AND CONGRATULATE THE TEAM ON WINNING THE 2002 WRESTLING STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
H.3145 -- Reps.Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.
Senator GROOMS spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
H.3328 -- Rep.Harrison: A BILL TO AMEND SECTION 565765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
H.4497 -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKEUP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.