TUESDAY, APRIL 30, 2002
Tuesday, April 30, 2002
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, in Ephesians, Chapter 6:18, St. Paul writes:
“Pray in the Spirit at all times in every prayer and supplication. To that end keep alert and always persevere in supplications for all the saints.”
Let us pray.
Father, we understand that in apostolic times the word “saints” referred to all believers. Paul was saying: “Pray in the Spirit,” and “pray for each other” and “persevere.”
We do pray for each other, that we may instruct each other and support each other. Our goal is the same: the best for all our people. We often differ on means and method!
But give us the guidance of The Spirit!
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:
Statewide Appointment
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005
2nd Congressional District
Clifford Bush III, Esquire, 1001 Craven St., Beaufort, S.C. 29902
Referred to the Committee on Judiciary.
The following appointment was transmitted by Bradford W. Wyche, Chairman of the South Carolina Board of Health and Environmental Control:
Statewide Appointment
Initial Appointment, Director of the Department of Health and Environmental Control, with term to commence August 1, 2001, and to expire August 1, 2005
C. Earl Hunter, 128 Saddlebrooke Rd., Lexington, SC 29072 VICE Douglas E. Bryant
Referred to the Committee on Medical Affairs.
Motion Adopted
On motion of Senator MOORE, with unanimous consent, Senators McCONNELL, RITCHIE and MOORE were granted leave to attend a meeting of the Judicial Screening Committee, be counted in any quorum calls, and be allowed to vote from the balcony.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2729
Agency: Department of Labor, Licensing and Regulation
Board of Pharmacy
Subject: Fees
Received by Lieutenant Governor April 26, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration August 24, 2002
Subject to Sine Die Revision
Doctor of the Day
On behalf of Senator WALDREP, Senator ALEXANDER introduced Dr. Hunter Woodall and Resident Doctor, Lee Church, of Anderson, S.C., Doctors of the Day.
RECALLED AND READ THE SECOND TIME
S.1246 -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the Committee and was read the second time and ordered placed on the third reading Calendar.
S.1246--Ordered to a Third Reading
On motion of Senator MOORE, S.1246 was ordered to receive a third reading on Wednesday, May 1, 2002.
RECALLED
H.4563 -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT 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.
Senator GIESE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.4653 -- Rep.Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE 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.
Senator GIESE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.4757 -- Rep.Harrison: A BILL TO AMEND SECTION 231920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Senator FAIR asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.4817 -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE 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.
Senator VERDIN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1251 -- Senators McConnell, Hayes, Ford and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 130125 SO AS TO DESIGNATE THE DEPARTMENT OF CRIME VICTIM SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM SERVICES, AND THE VICTIM SERVICES OVERSIGHT COMMISSION; TO AMEND SECTION 13010, AS AMENDED, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT OF CRIME VICTIM SERVICES; TO AMEND SECTION 130110, RELATING TO THE DIVISIONS OF THE OFFICE OF GOVERNOR, SO AS TO DELETE THE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION 1631110, AS AMENDED, SECTIONS 1631130, AS AMENDED, 1631140, 1631150, 1631160, 1631170, AS AMENDED, 1631180, AS AMENDED, 1631200, SECTION 1631220, AS AMENDED, SECTION 1631230, AS AMENDED, SECTION 1631260, AS AMENDED, SECTION 1631270, AS AMENDED, SECTIONS 1631290, 1631330, AS AMENDED, 1631340, AS AMENDED, AND 1631350, ALL RELATING TO THE VICTIM COMPENSATION FUND, ITS REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS FOR TECHNICAL CHANGES TO COMPORT WITH THE ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO REPEAL SECTION 1631120.
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Read the first time and referred to the Committee on Judiciary.
S.1252 -- Senators Grooms, Matthews and Pinckney: A BILL TO REPEAL ACT 917 OF 1964 RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 1252--Ordered to a Second and Third Reading
On motion of Senator GROOMS, with unanimous consent, S. 1252 was ordered to receive a second and third reading on the next two consecutive legislative days.
S.1253 -- Senator Waldrep: A BILL TO PROVIDE THAT DESIGNATED PARCELS OF PROPERTY IN ANDERSON COUNTY ARE MADE A PART OF ANDERSON COUNTY SCHOOL DISTRICT FIVE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S.1254 -- Senators Ravenel, Branton, Ford, Grooms, Kuhn, McConnell, Mescher and Pinckney: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.
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The Concurrent Resolution was introduced and, on motion of Senator RAVENEL, with unanimous consent, ordered placed on the Calendar without reference.
S.1255 -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELDSALUDA COUNTY LINE AND ENDS AT THE NEWBERRYSALUDA COUNTY LINE THE “VETERANS MEMORIAL HIGHWAY”, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS “VETERANS MEMORIAL HIGHWAY”.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S.1256 -- Senators Courson, Giese, Patterson and Jackson: A SENATE RESOLUTION TO RECOGNIZE THE FIRM OF WILBUR SMITH ASSOCIATES FOR ITS MANY PROFESSIONAL AND CORPORATE ACCOMPLISHMENTS OVER THE COURSE OF ITS 50 YEAR HISTORY AND TO CONGRATULATE THEM ON THE OCCASION OF THEIR 50TH ANNIVERSARY CELEBRATION ON MAY 16, 2002.
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The Senate Resolution was adopted.
S.1257 -- Senators Hutto and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5815915 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION ACTING AS A STATE INSTRUMENTALITY MAY FURTHER RESTRICT THE SPEED OF TRAINS OR LOCOMOTIVES PASSING IN CLOSE PROXIMITY TO TWO OR MORE ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, OR INSTITUTIONS OF HIGHER LEARNING, OR ANY COMBINATIONS THEREOF, WITHIN A DISTANCE SPECIFIED BY THE COMMISSION.
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Read the first time and referred to the Committee on Transportation.
H.3905 -- Reps. Whipper, Altman, R.Brown, Campsen, Carnell, CobbHunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 141214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.
Read the first time and referred to the Committee on Judiciary.
H.4096 -- Rep.Cato: A BILL TO AMEND SECTION 38120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER’S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER’S EXEMPTION FROM PRELICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRELICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER’S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
Read the first time and referred to the Committee on Banking and Insurance.
H.4222 -- Reps. Frye and Koon: A BILL TO AMEND SECTION 501310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 501311, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H.4327 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, “SIMPSON PRICE ROAD” AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H.4767 -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 445540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H.4844 -- Reps. Davenport, Walker and Allison: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN’S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS “INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001”.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H.4858 -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48187 SO AS TO ENACT THE “AQUATIC TOXICITY PROTECTION ACT” TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.