WEDNESDAY, FEBRUARY 14, 2001
Wednesday, February 14, 2001
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 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, hear the words of St. Paul, with a sense of mission, to the Corinthians (I Cor. 15:1):
“Now I would remind you, brothers and sisters, of the good news that I proclaimed to you… through which also you are being saved… unless you have come to believe in vain.”
Let us pray.
Our Father, this is St. Valentine’s Day, but we read in the press about how people don’t love each other like brothers and sisters and where even parents are killing their own children.
As leaders of our State, and to some degree responsible for the quality of life to our people, help us to find a way to convince our people that we should live closer to the angels than to the animals.
We are putting a great emphasis on education! Help us to find a way to put the emphasis on the thoughts of old that “The Fear of God is the beginning of wisdom.”
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:
Local Appointment
Reappointment, Lee County Master-in-Equity, with term to commence December 31, 2001, and to expire December 31, 2007
Robert D. Jennings, 1 Courthouse Square, P.O. Box 106, Bishopville, S.C. 29010
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration:
Document No. 2541
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Community
Residential Care Facilities
Received by Lieutenant Governor February 13, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration June 13, 2001
Doctor of the Day
Senator GIESE introduced Dr. C. Tucker Weston of Columbia, S.C., Doctor of the Day.
Expression of Personal Interest
Senator FORD rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator McCONNELL rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator RYBERG rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator ELLIOTT rose for an Expression of Personal Interest.
RECALLED AND COMMITTED
S.164 -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 101210 SO AS TO MAKE IT UNLAWFUL TO DISTURB, INTERFERE, OR REMOVE MONUMENTS OR MEMORIALS FOR CERTAIN WAR VETERANS AND PROVIDE A PENALTY.
On motion of Senator PEELER, with unanimous consent, the Bill was recalled from the Committee on Finance.
Senator PEELER asked unanimous consent to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Committee on Judiciary.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.315 -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
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Read the first time and referred to the Committee on Corrections and Penology.
S.316 -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 24820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED, OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 24830, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 24860, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY, SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24330, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
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Read the first time and referred to the Committee on Corrections and Penology.
S.317 -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50112570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF SPECIAL PERMITS TO CAPTURE DESTRUCTIVE ANIMALS, SO AS TO PROVIDE THAT A PERSON TAKING A FURBEARING ANIMAL UNDER THE AUTHORITY OF A DEPREDATION PERMIT MAY DISPOSE OF THE ANIMAL COMMERCIALLY IF THE PERSON TAKING THE ANIMAL HAS A VALID COMMERCIAL FUR LICENSE AND THE PELT OF THE ANIMAL IS TAGGED AS REQUIRED BY LAW, AND TO PROVIDE THAT A PERSON TAKING FURBEARING ANIMALS UNDER THE AUTHORITY OF A DEPREDATION PERMIT MUST REPORT THE NUMBER AND TYPE OF ANIMALS TAKEN TO THE FURBEARER BIOLOGIST OF THE DIVISION OF WILDLIFE AND FRESHWATER FISHERIES OF THE DEPARTMENT OF NATURAL RESOURCES WITHIN TWENTYONE DAYS OF THE EXPIRATION OF THE PERMIT.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.318 -- Senator Gregory: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 5013237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.319 -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50132020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT AND CONTROL OF LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE REQUIREMENT THAT THE TERMS AND CONDITIONS FOR USE OF LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AND PROVIDE THAT THE TERMS AND CONDITIONS FOR THE USE MUST BE POSTED AT THE SITE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.320 -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50112300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50112310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE “PROPERTY WATCH PROGRAM”, THE “COASTAL WATCH PROGRAM”, AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S.321 -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 614737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.
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Read the first time and referred to the Committee on Judiciary.
S.322 -- Senator Mescher: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURTAPPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 207420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
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Read the first time and referred to the Committee on Judiciary.
S.323 -- Senators Hayes and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4033565 SO AS TO ESTABLISH REQUIREMENTS FOR LICENSURE WITHOUT EXAMINATION FOR A NURSE EDUCATED AND LICENSED IN CANADA.
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Read the first time and referred to the Committee on Medical Affairs.
S.324 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 447260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR HEALTH FACILITY LICENSURE, SO AS TO ALSO REQUIRE HEALTH FACILITY LICENSURE FOR BUSINESSES, ORGANIZATIONS, OR ENTITIES PROVIDING DIRECT CARE OR ASSISTANCE IN PERFORMING ACTIVITIES OF DAILY LIVING IN A NONINSTITUTIONAL SETTING FOR COMPENSATION.
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Read the first time and referred to the Committee on Medical Affairs.
S.325 -- Senators Alexander, Peeler, Holland, Land, Patterson, Jackson, Pinckney, Richardson, Grooms, Ford, Branton, Hawkins, Reese, Glover, Martin, Anderson, Matthews, Saleeby, Ravenel, Wilson, Thomas, Mescher and Passailaigue: A BILL TO AMEND SECTION 403710 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 4037105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 4037107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.
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Read the first time and referred to the Committee on Medical Affairs.
S.326 -- Senators Glover, Ford, Anderson, Patterson, Matthews and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5615135 SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER SELLING A PURCHASER A PREVIOUSLY OWNED VEHICLE MUST WARRANT AND GUARANTEE ALL PARTS AND EQUIPMENT OF THE VEHICLE FOR A PERIOD OF AT LEAST THIRTY DAYS, AND TO REQUIRE THE DEALER UNDER CERTAIN CONDITIONS TO REFUND THE PURCHASE PRICE OF THE VEHICLE OR REPLACE IT WITH A SIMILAR ONE OF EQUAL VALUE ACCEPTABLE TO THE PURCHASER AT THE END OF THIS THIRTYDAY PERIOD IF THE DEFECTS OF THE MOTOR VEHICLE HAVE NOT BEEN REMEDIED.
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Read the first time and referred to the Committee on Transportation.
S.327 -- Senator Thomas: A BILL TO AMEND SECTION 49145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.
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Read the first time and referred to the Committee on Judiciary.
H.3124 -- Reps.Emory, Clyburn, Robinson and Whipper: A BILL TO AMEND SECTION 4035230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
Read the first time and referred to the Committee on Medical Affairs.
H.3173 -- Reps.Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 5021142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H.3237 -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50131187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H.3360 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.