TUESDAY, JANUARY 15, 2002
Tuesday, January 15, 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, hear words recorded in the Book of Ezekiel, Chapter 39:17:
“As for you, mortal, thus says the Lord God: ‘Assemble and come, gather from all around to the sacrificial feast that I am preparing for you, a great sacrificial feast on the mountain of Israel’.”
Let us pray.
Our Father, we join with the families of Your servants, David McCollum, David Bryson, Dana Lyle Tate and Dyke “A. J.” Coursen, and the six other Marines killed in the plane crash in far-from-home Pakistan who recently made the supreme sacrifices of their lives in the service of our country, at home and abroad in law enforcement and righteousness!
While we mourn for those who died, we celebrate and salute our civil law enforcement officers and our Armed Forces and especially the spirit of the Marine Corps who say, “Give us the toughest assignment.”
Heavenly Father, give us in these difficult times of danger around the world not only the will to mourn, but help us... all... wherever we are, to find our slot in the mighty force that is being joined in the worldwide battle against the organized forces of evil; and when death comes, be sure to hear the Voice from above, “I am the Resurrection and the Life!”
Amen.
CO-SPONSORS ADDED
The respective co-sponsors were added to the following Bills:
S.843 -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT RECORDS MUST BE MADE PUBLIC ONCE A BUSINESS OR INDUSTRY HAS MADE A DECISION RELATIVE TO INVESTING WITHIN SOUTH CAROLINA.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 843.
S.844 -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT REQUESTS MUST BE ANSWERED WITHIN THREE DAYS OF RECEIPT RATHER THAN FIFTEEN DAYS, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF ANY CLAIM OF EXEMPTION FROM DISCLOSURE, AND TO PROVIDE FOR FURTHER CONDITIONS, REQUIREMENTS, PROCEDURES, AND REMEDIES IN REGARD TO PROVIDING COPIES OF THESE RECORDS.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 844.
S.845 -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION, INCLUDING COMMUNICATIONS THROUGH THE INTERNET, MAY BE USED TO DISCUSS, AS WELL AS ACT UPON, A MATTER OVER WHICH THE PUBLIC BODY HAS JURISDICTION.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 845.
S.846 -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 846.
S.847 -- Senators McConnell, Hawkins and Martin: A BILL TO AMEND SECTION 30470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT ALL MEETINGS OF PUBLIC BODIES CLOSED TO THE PUBLIC MUST BE RECORDED ON CONTINUOUS AUDIO OR VIDEO TAPE AND THE TAPES MAINTAINED FOR A PERIOD OF TWO YEARS FOLLOWING THE MEETING, AND TO PROVIDE THAT THE TAPES MAY BE SUBJECTED TO IN CAMERA JUDICIAL REVIEW IN A SUIT BROUGHT PURSUANT TO THE FREEDOM OF INFORMATION ACT.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 847.
S.854 -- Senators Thomas and Verdin: A JOINT RESOLUTION TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTYFIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
On motion of Senator VERDIN, with unanimous consent, the name of Senator VERDIN was added as a co-sponsor of S. 854.
S.856 -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler, Waldrep and Drummond: A BILL TO AMEND SECTION 12282730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 856.
S.865 -- Senators J.VerneSmith, Verdin, Fair, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE WOMEN’S CORRECTIONAL INSTITUTION THE “CAMILLE GRIFFIN GRAHAM CORRECTIONAL INSTITUTION” AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of S. 865.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration:
Document No. 2666
Agency: Department of Archives and History
SUBJECT: General Retention Schedule for State Administrative Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2667
Agency: Department of Archives
SUBJECT: General Retention Schedule for State Financial Records
Received by Lieutenant Governor January 11, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 10, 2002
Document No. 2668
Agency: Department of Archives and History
SUBJECT: General Retention Schedule for State Personnel Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2669
Agency: Department of Archives and History
SUBJECT: General Retention Schedules for County Records
Received by Lieutenant Governor January 14, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2002
Document No. 2679
Agency: Board of Education
SUBJECT: Summer Programs
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2681
Agency: Board of Education
SUBJECT: Policies and Procedures and Unit Standards for Teacher Education Program Approval in South Carolina
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2001
Document No. 2682
Agency: Board of Education
SUBJECT: Requirements for Initial Certification at the Advanced Level
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2684
Agency: Board of Education
SUBJECT: Renewal of Credentials
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Document No. 2694
Agency: Education Lottery Commission
SUBJECT: South Carolina Education Lottery
Received by Lieutenant Governor January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002
Doctor of the Day
Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.867 -- Senators Verdin, Grooms and Fair: A JOINT RESOLUTION TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTYFIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITTING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
l:\council\bills\swb\5044djc02.doc
Read the first time and referred to the Committee on Judiciary.
S.868 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5913360 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
l:\council\bills\gjk\20853sd02.doc
Read the first time and referred to the Committee on Finance.
S.869 -- Senator Hayes and Land: A BILL TO AMEND SECTION 26610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
l:\council\bills\bbm\10596zw02.doc
Read the first time and referred to the Committee on Finance.
S.870 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 12362120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT’S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.
l:\council\bills\skb\18673htc02.doc
Read the first time and referred to the Committee on Finance.
S.871 -- Senators Verdin, Fair, Hawkins, Thomas and Peeler: A JOINT RESOLUTION TO APPROPRIATE ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JANUARY 1, 2002, THROUGH JUNE 30, 2002, TO THE STATE DEPARTMENT OF EDUCATION TO PURCHASE NEW SCHOOL BUSES AND TO APPROPRIATE FOR THIS SAME PURPOSE SEVENTYFIVE PERCENT OF ALL REVENUES CREDITED TO THE EDUCATION LOTTERY ACCOUNT FROM JULY 1, 2002, THROUGH DECEMBER 31, 2002, WHICH ARE DERIVED FROM UNCLAIMED LOTTERY PRIZE MONEY.
l:\council\bills\bbm\10586htc02.doc
Read the first time and referred to the Committee on Finance.
S.872 -- Senator Matthews: A BILL TO AMEND SECTION 817370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
l:\council\bills\bbm\10622htc02.doc
Read the first time and referred to the Committee on Finance.
S.873 -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 821310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 122490, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY’S PORTION OF THE DOCUMENTARY STAMP FEE.
l:\council\bills\skb\18132zcw02.doc
Read the first time and referred to the Committee on Judiciary.
S.874 -- Senator Waldrep: A BILL TO AMEND SECTION 207490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING CHILD WELFARE SERVICES, SO AS TO DEFINE THE TERM “REPORT”; TO AMEND SECTION 207510, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT; AND TO AMEND SECTION 207650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RECATEGORIZE UNFOUNDED REPORTS.
l:\s-jud\bills\jud0098.rlw.doc
Read the first time and referred to the Committee on Judiciary.
S.875 -- Senator Ford: A BILL TO AMEND SECTION 31-12-30, 311240, 31-12-50, AND 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT AUTHORITIES, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP COMPOSITION OF REDEVELOPMENT AUTHORITIES CONTROLLING PROPERTY LOCATED WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY ARE NOT STATE AGENCIES AND ARE EXEMPTED FROM PROVISIONS OF STATE LAW GOVERNING THE TRANSACTIONS OF STATE AGENCIES; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES CREATED PURSUANT TO THE PROVISIONS OF THIS SECTION MUST DEFEND AND INDEMNIFY THE STATE AGAINST ALL LIABILITY RELATING TO TRANSACTIONS INVOLVING REAL OR PERSONAL FEDERAL PROPERTY TO THE EXTENT OF THE VALUE OF THE PROPERTY; TO PROVIDE THAT ASSETS, LIABILITIES, INCOME, AND REVENUE DESIGNATED FOR THE REDEVELOPMENT AUTHORITY SHALL REMAIN WITH THE REDEVELOPMENT AUTHORITY AND THAT THE REDEVELOPMENT AUTHORITY SHALL DEFEND AND INDEMNIFY THE MUNICIPALITY AGAINST ALL LIABILITY RELATING TO TRANSACTIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT OR OF AN AUTHORITY CREATED PURSUANT TO THIS ACT; TO PROVIDE FOR THE FILLING OF VACANCIES ON REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO AMEND SECTIONS 31-12-210, 31-12-270, 31-12-290, AND 31-12-300 RELATING TO TAX INCREMENT FINANCING AND THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF PROPERTIES WITHIN A REDEVELOPMENT PROJECT AREA SO AS TO CLARIFY AND CONFORM THESE PROVISIONS TO SECTION 31-12-40; TO AMEND SECTION 614510, RELATING TO DISTRIBUTION OF SPECIAL RETAIL BEER AND WINE PERMIT FEES TO A REDEVELOPMENT AUTHORITY, SO AS TO SPECIFY HOW THE FEES MUST BE DISTRIBUTED WHEN AN AUTHORITY IS ESTABLISHED OR DISSOLVED; AND TO PROVIDE TRANSITION PROVISIONS FOR THE ESTABLISHMENT OF A NEW REDEVELOPMENT AUTHORITY.