Senate Journal for May 22, 2002 - South Carolina Legislature Online

WEDNESDAY, MAY 22, 2002

Wednesday, May 22, 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, hear St. Paul’s words to the Philippians, 4:8:

“Finally, beloved, whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence and if there is anything worthy of praise, think about these things.”

Let us pray.

Father, hear our silent prayers for these gifts!

Amen.

CORRECTION TO THE JOURNAL

The following entry was inadvertently omitted from the Journal of Thursday, May 16, 2002:

ADOPTED

S.1270 -- Senator J.Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN’S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

* * *

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 Mining Council, with term to commence June 30, 2000, and to expire June 30, 2004

Non-Governmental Conservation

Joseph R. Blanchard, 3151 Charleston Highway, Columbia, S.C. 29172

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006

Non-Governmental Conservation

Oscar Lee "O. L." Thompson, 686 Hobcaw Bluff Drive, Mt. Pleasant, S.C. 29464 VICE John R. Smith

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2002, and to expire June 30, 2006

Licensed Consumer Finance

William F. Sachs, First Financial Corporation, 4875 Forest Drive, Columbia, S.C. 29206

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2002, and to expire November 27, 2006

LISW

Carl Lee Algood, SC State University, P. O. Box 7298, Orangeburg, S.C. 29117

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2002, and to expire June 30, 2006

At-Large

Vernon Lee McCurry, 114 Merrifield Dr., Greenville, S.C. 29615 VICE Jacqueline S. Brewer

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2001, and to expire May 31, 2004

Real Estate Broker

Nancy Johnson, 10040 Two Notch Road, Columbia, S.C. 29223 VICE Dan M. Sallé

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2002, and to expire September 30, 2005

Public

Marshall L. Mitchell, 502 Leon Drive, Anderson, S.C. 29621 VICE Wilma L. Kelly

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 1999, and to expire April 1, 2003

SC Association of Cosmetology

Nancy Jordon Poole, 423 79th Ave. North, Myrtle Beach, S.C. 29572 VICE Kenneth W. Lochridge

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 2003, and to expire April 1, 2007

SC Association of Cosmetology

Nancy Jordon Poole, 423 79th Ave. North, Myrtle Beach, S.C. 29572

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2002, and to expire April 1, 2006

Lewis E. Cooley, 3 Holland East Court, Simpsonville, S.C. 29681-5817 VICE Jack D. Leard

Referred to the Committee on Medical Affairs.

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Outdoor Advertising

Douglas W. McFarland, MAC Advertising, Inc., P. O. Box 31463, Charleston, S.C. 29417

Referred to the Committee on Transportation.

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Tourism

I. Mayo Read, 1823 Tacky Point Road, Wadmalaw Island, S.C. 29487

Referred to the Committee on Transportation.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2711

Agency: Department of Social Services

Subject: Foster Care

Received by Lieutenant Governor March 5, 2002

Referred to General Committee

Legislative Review Expiration July 3, 2002

Subject to Sine Die Revision

Revised July 11, 2002

Subject to Sine Die Revision

House Requested Withdrawal May 15, 2002

120 Day Period Tolled

Withdrawn and Resubmitted May 22, 2002

Doctor of the Day

Senator KUHN introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PATTERSON, at 11:05 A.M., Senator JACKSON was granted a leave of absence for today.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Privilege of the Chamber

On motion of Senators McCONNELL and HUTTO, the Privilege of the Chamber, to that area behind the rail, was granted to Mrs. Marshall B. Williams.

Expression of Personal Interest

Senator PATTERSON rose for an Expression of Personal Interest.

S.1085--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

S.1085 -- Senator McConnell: A BILL TO AMEND SECTION 405210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN spoke on the report.

On motion of Senator MARTIN, the Report of the Committee of Conference to S. 1085 was adopted as follows:

S. 1085--Conference Report

The General Assembly, Columbia, S.C., May 22, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION1.Section 405210 of the 1976 Code is amended to read:

“Section 405210.There is hereby created a State Board of Law Examiners.to consist of six members of the bar who have had at least ten years’ standing and are actually engaged in the practice of law. The members shall be appointed by the Supreme Court for terms of three years. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. Not more than one member shall be appointed from any one congressional district. At least one member from each congressional district must be appointed by the Supreme Court.”

SECTION2.Section 40580 of the 1976 Code is amended to read:

“Section 40580.This chapter shallmay not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires, or the cause of another, with leave of the court first had and obtained;.provided, that he declare on oath, if required, that he neither has accepted nor will accept or take any fee, gratuity or reward on account of such prosecution or defense or for any other matter relating to the cause.”

SECTION3.This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Larry A. Martin /s/ George E. Campsen III

/s/ Robert L. Waldrep, Jr./s/ James Emerson Smith, Jr.

/s/ C. Bradley Hutto/s/ George Murrell Smith, Jr.

On Part of the Senate On Part of the House.

, and a message was sent to the House accordingly.

RECALLED FROM LEGISLATIVE COUNCIL

THIRD READING RECONSIDERED

AMENDED, RETURNED TO THE HOUSE AS AMENDED

H.5215 -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLEMEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

Senator VERDIN asked unanimous consent to make a motion to recall the Bill from Legislative Council.

There was no objection.

The Bill was returned from Legislative Council.

Senator VERDIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill.

Senator VERDIN asked unanimous consent to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

Senator VERDIN proposed the following amendment (SWB\5415DW02), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting clause and inserting:

/SECTION1.Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by adding:

“SECTION1B. (A) One member of the Board of Trustees of School District 55 of Laurens County must reside in and be elected from each of the seven defined singlemember election districts by the electors within each election district as delineated in subsection (B) of this section.

(B)Beginning with the election conducted in 2002 the seven defined singlemember election districts from which each member of the Board of Trustees of Laurens County School District 55 must be elected by the qualified electors of that district are as shown on the official map designated as S595502 prepared by an on file with the Office of Research and Statistical Services of the State Budget and Control Board. The Office of Research and Statistical Services of the State Budget and Control Board must provide a certified copy of the map to the school district and the Laurens County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction.”

SECTION2.Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by deleting SECTION 1(B).

SECTION3.SECTION 1 (A) of Act 779 of 1988 is amended to read:

“SECTION1.(A) The members of the Board of Trustees of Laurens County School District 55 must be elected in nonpartisan elections to be conducted in the manner provided in this section. These nonpartisan elections must be held at those times specified by this act.”

SECTION4.Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by adding:

“SECTION2B. (A) One member of the Board of Trustees of School District 56 of Laurens County must reside in and be elected from each of the seven defined singlemember election districts by the electors within each election district as delineated in subsection (B) of this section.

(B)Beginning with the election conducted in 2002 the seven defined singlemember election districts from which each member of the Board of Trustees of Laurens County School District 56 must be elected by the qualified electors of that district are as shown on the official map designated as S595602 prepared by an on file with the Office of Research and Statistical Services of the State Budget and Control Board. The Office of Research and Statistical Services of the State Budget and Control Board must provide a certified copy of the map to the school district and the Laurens County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction.”

SECTION5.Act 779 of 1988, is amended by deleting SECTION 2(B).

SECTION6.SECTION 2 (A) of Act 779 of 1988 is amended to read:

“SECTION2.(A) The members of the Board of Trustees of Laurens County School District 56 must be elected in nonpartisan elections to be conducted in the manner provided in this section. These nonpartisan elections must be held at those times specified by this act.”

SECTION7.This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

RECALLED FROM THE HOUSE

THIRD READING RECONSIDERED

NOTICE OF GENERAL AMENDMENTS GIVEN

RETURNED TO THE THIRD READING CALENDAR

H.3480 -- Reps. J.E.Smith and Miller: A BILL TO AMEND SECTION 5652360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHTOFWAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHTOFWAY TO THE POLICE VEHICLE.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the House of Representatives.

There was no objection.

The House returned the Bill as requested.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was given notice of general amendments and ordered returned to the third reading Calendar.

There was no objection.

RECALLED

H.3423 -- Reps. Stuart, Allison, Barfield, Bowers, J.Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M.Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, MeachamRichardson, Merrill, Miller, MoodyLawrence, Parks, Phillips, Rodgers, Scott, Simrill, G.M.Smith, Talley, Weeks, Whatley, Whipper and J.Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER’S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.

Senator FAIR asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H.3485 -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.1296 -- Senator Alexander: A SENATE RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.

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The Senate Resolution was adopted.

S.1297 -- Senator Reese: A SENATE RESOLUTION TO COMMEND THE HONORABLE MERITA ANN “RITA” ALLISON FOR HER MANY YEARS OF DEDICATED SERVICE TO THE PEOPLE OF HER DISTRICT AND TO THE CITIZENS OF THIS STATE AS A MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND TO WISH HER GREAT SUCCESS AND HAPPINESS IN THE YEARS TO COME.

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The Senate Resolution was adopted.

S.1298 -- Senators Thomas, Fair, Verdin, Anderson and J. Verne Smith: A SENATE RESOLUTION TO CONGRATULATE AND COMMEND BOB JONES UNIVERSITY ON ITS SEVENTYFIFTH ANNIVERSARY, TO RECOGNIZE ITS DISTINGUISHED RECORD OF ACHIEVING ACADEMIC EXCELLENCE, AND FOR ITS INVALUABLE CONTRIBUTIONS IN DEVELOPING MORAL CHARACTER IN YOUNG MEN AND WOMEN WHO ARE THE FUTURE LEADERS OF OUR COMMUNITIES, STATES, AND NATION.

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The Senate Resolution was adopted.

S.1299 -- Senator Thomas: A BILL TO AMEND SECTION 8180, AS AMENDED, RELATING TO THE CRIMES OF OFFICIAL MISCONDUCT, HABITUAL NEGLIGENCE, HABITUAL DRUNKENNESS, CORRUPTION, FRAUD, AND OPPRESSION BY A PUBLIC OFFICER, SO AS TO PROVIDE THAT CERTAIN PUBLIC OFFICERS WHO COMMIT THESE CRIMES ARE GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED NOT MORE THAN FIVE YEARS INSTEAD OF ONE YEAR IN ADDITION TO BEING FINED NOT MORE THAN ONE THOUSAND DOLLARS, AND TO MAKE TECHNICAL CHANGES.

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

S.1300 -- Senator Fair: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POSTSECONDARY SCHOOLS IN GREENVILLE COUNTY.

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

S.1301 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 39 SO AS TO ENACT THE “FAST FOOD FRANCHISE PRACTICES ACT”.

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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S.1302 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 39 SO AS TO ENACT THE “RESPONSIBLE FRANCHISE PRACTICES ACT”, INCLUDING THE ESTABLISHMENT OF CERTAIN MISDEMEANOR OFFENSES AND CRIMINAL PENALTIES AND THE ESTABLISHMENT OF CIVIL PENALTIES.

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

S.1303 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2683, 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.

H.4284 -- Reps. Barrett, White and Sandifer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER.