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 the word of the Prophet Isaiah, Chapter 50:4:
"The Lord has given me the tongue of those who are taught,
That I may know how to sustain with a word those that are weary."
Let us pray.
Our Father, many are carrying heavy burdens these days.
We long to hear some good news... news of worthwhile purpose and some hope for the future.
Our hearts are still lifted as we remember, even today, the sounds of Palm Sunday! Throughout Christendom the bells still ring out: "Hosanna to the Son of David! Blessed is he who comes in the name of the Lord!"
So let us in these modern days give our witness, by word and deed, that this life is prologue to the Life to come.
As we deliberate and debate the issues of our common life for which we are responsible, cause us to be caught up into the Holy Presence that the thoughts of God may be ours and the will of God become our passion!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 2000, and to expire April 1, 2005
At-Large
Sylvester E. Williams, III, Ph.D., 205 Briggs Avenue, Greenwood, S.C. 29646
Referred to the Committee on Education
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004
6th Congressional District
Mrs. Gloria M. James, 138 Bellwood Court, Holly Hill, S.C. 29059
Referred to the Committee on Judiciary
Senator MOORE introduced Dr. James J. Hill, Jr. of Aiken, S.C., Doctor of the Day.
At 2:45 P.M., Senator SHORT requested a leave of absence until 4:00 P.M.
Columbia, S.C., April 5, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.
Senator McCONNELL, under the provisions of Rule 43, gave notice of a motion to suspend all or a portion of Rule 1B.
At 12:20 P.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 a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
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Read the first time and referred to the Committee on Education.
S. 562 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 14, 2001, AND FRIDAY, JUNE 15, 2001.
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The Senate Resolution was introduced and referred to the Committee on Invitations.
S. 563 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT WITH A MINOR IN CERTAIN INSTANCES, IF THE JUDGE MAKES SPECIFIC FINDINGS ON THE RECORD AT THE CRIMINAL PROCEEDING, IS NOT A VIOLENT OFFENSE.
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Read the first time and referred to the Committee on Judiciary.
S. 564 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT "YOUTHFUL OFFENDER" INCLUDES AN OFFENDER CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN CERTAIN INSTANCES IF THE JUDGE MAKES SPECIFIC FINDINGS ON THE RECORD AT THE CRIMINAL PROCEEDING.
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Read the first time and referred to the Committee on Judiciary.
S. 565 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 40-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS, SO AS TO INCREASE THE SKIN CARE CLASS HOURS FROM FOUR HUNDRED AND FIFTY HOURS TO SIX HUNDRED HOURS FOR LICENSURE AS AN ESTHETICIAN AND TO INCREASE THE CLASS HOURS FROM THREE HUNDRED HOURS TO FOUR HUNDRED AND FIFTY HOURS FOR LICENSURE AS A NAIL TECHNICIAN.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 566 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES RELATING TO PERINATAL CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2518, 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. 567 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, 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. 568 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, 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. 569 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDUSTRIAL WASTE DISPOSAL SITES AND FACILITIES; AND SANITARY LANDFILL DESIGN, CONSTRUCTION, AND OPERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2530, 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. 570 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, 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. 571 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO DECREASE THE TERM OF OFFICE OF THE MEMBERS FROM SIX YEARS TO FOUR YEARS; AND TO AMEND ACT 500 OF 1998 TO PROVIDE THAT THE TWO ADDITIONAL MEMBERS OF THE BOARD ADDED BY THIS ACT MUST BE APPOINTED TO OFFICE AS PROVIDED BY LAW.
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Senator HAWKINS spoke on the Bill.
Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAWKINS, with unanimous consent, S.571 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 572 (Word version) -- Senators Wilson, Courson, Bauer and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.
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The Senate Resolution was introduced and referred to the Committee on Transportation.
S. 573 (Word version) -- Senators Wilson and Ryberg: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE WORK OF THE STAFF OF THE OFFICE OF LOCAL GOVERNMENT OF THE STATE BUDGET AND CONTROL BOARD FOR THEIR OUTSTANDING WORK IN ADMINISTRATION OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, AND TO CONGRATULATE ITS DIRECTOR, MIKE GULLEDGE, AND HIS ABLE STAFF FOR THE RECOGNITION THEIR HARD WORK AND GOOD MANAGEMENT HAS BROUGHT ON BEING CITED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A "BEST PRACTICES" MODEL FOR OTHER STATES' ADMINISTRATION OF SIMILAR PROGRAMS.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3306 (Word version) -- Reps. Altman, Loftis and Leach: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.
Read the first time and referred to the Committee on Transportation.
H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M. Smith, J.E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
Read the first time and referred to the Committee on Transportation.
H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Read the first time and referred to the Committee on Judiciary.
H. 3842 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STAR DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2559, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3843 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING THE EXPERIENCE OF TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3844 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2568, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3845 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3846 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
Read the first time and referred to the Committee on Judiciary.
H. 3910 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE SAMUEL BOYLSTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3911 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. BERNESS MANN MCFADDIN OF SARDINIA, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND
FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3912 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. JANE WYCHE CRAFT OF MANNING, AND EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Corrections and Penology submitted a majority favorable with amendment and Senator PATTERSON a minority unfavorable report on:
S. 298 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-175 SO AS TO PROVIDE THAT A COUNTY GOVERNING BODY IN AGREEMENT WITH A SHERIFF OR JAIL ADMINISTRATOR MAY ADOPT A PRISONER REIMBURSEMENT POLICY FOR A JAIL THAT REQUIRES A PERSON CONFINED TO A JAIL TO REIMBURSE THE COUNTY FOR EXPENSES IT INCURS FOR THE PERSON'S CONFINEMENT.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 315 (Word version) -- 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.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Corrections and Penology submitted a favorable report on:
S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, 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 2-48-30, 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 2-48-60, 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 24-3-30, 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.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Corrections and Penology submitted a majority favorable with amendment and Senator PATTERSON a minority unfavorable report on:
S. 348 (Word version) -- Senators Branton, Grooms, McConnell, Ravenel, Giese, Mescher, Ryberg, Peeler, Hayes, Thomas, Fair, Wilson, Waldrep, Verdin, Leatherman and Martin: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF CERTAIN TERMS THAT APPLY TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO REVISE THE DEFINITION OF "INVOLUNTARY REASSIGNMENT" TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO REASSIGN A DIRECTOR OF A DEPARTMENT OF CORRECTIONS' INSTITUTION TO ANY FACILITY WITHIN THE STATE.
Ordered for consideration tomorrow.
H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, 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.
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.
S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS.
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
S. 546 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AUCTIONEERS' COMMISSION, RELATING TO EXAMINATION, LICENSES, APPRENTICESHIPS, ADVERTISING, PROFESSIONAL STANDARDS, DECLARATORY RULINGS, CHANGES OF ADDRESS, AND PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2574, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 547 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO GENERAL PROVISIONS, REQUIREMENTS FOR LICENSURE, AND CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2595, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (NBD\11458AC01), which was adopted:
Amend the bill, as and if amended, beginning on page 2 by deleting Section 40-47-1215 and inserting:
/Section 40-47-1215. This article does not apply to a person who is employed as an anesthesiologist's assistant by the United States Government, where such services are provided solely under the direction or control of the United States Government./
Amend the bill, further, page 4 by deleting Section 40-47-123(B)(4) and inserting:
/ (4) shall determine the additional qualifications and make recommendations regarding the issuance of licenses to qualified anesthesiologist's assistants; however, these recommendations may not be less stringent than the requirements for national licensure;/
Amend the bill, further, Section 40-47-1235, page 5, beginning on line 12 by deleting /, but is not limited to,/.
Amend the bill, further, Section 40-47-1235, page 5, line 30 before /protocol/ by inserting /written/.
Amend the bill, further, Section 40-47-1235, page 6, line 7 by deleting /or/ and inserting /,/ and after /physician / by inserting /or a nurse anesthetist/.
Amend the bill, further, Section 40-47-1250, page 7, line 41 immediately after the /./ by inserting /An anesthesiologist may not supervise more than two anesthesiologist's assistants at any one time./
Amend the bill, further, by adding appropriately numbered sections to read:
/SECTION ___. Notwithstanding the provisions of Section 40-47-1225 of the 1976 Code, as added by Section 1 of this act, until such time as the licensed anesthesiologist's assistants are able to be appointed to the board, the Anesthesiologist's Assistant Committee is composed of three physicians and two consumers to be appointed by the Board of Medical Examiners and a member of the board who shall serve ex officio with full rights to participate and vote.
SECTION ___. Two years after the effective date of this act the South Carolina Board of Medical Examiners shall evaluate the prohibition against an anesthesiologist supervising more than two anesthesiologist's assistants, as provided for in Section 40-47-1250 of the 1976 Code, as added by Section 1 of this act, and report its findings to the Senate Medical Affairs Committee and the House Medical, Military, Public and Municipal Affairs Committee, within three months after this two-year period, including any recommendations for statutory revisions./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
S. 556 (Word version) -- Senators O'Dell, Glover, Bauer, Ford, Short, Peeler, Holland, McGill, Waldrep, Passailaigue, Elliott, Moore, Setzler, Reese, Land, Patterson, Rankin, Pinckney, Hutto, Drummond, Alexander, Ritchie, Martin, Branton, Mescher, Thomas, Ravenel, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
Senator McCONNELL spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 481 (Word version) -- Senators Holland and McConnell: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1710, RELATING TO PENALTIES UPON CONVICTION FOR HARASSMENT WITHIN SEVEN YEARS OF A PRIOR CONVICTION OF HARASSMENT OR STALKING, SO AS TO CLARIFY THE LANGUAGE OF THE SECTION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1730, RELATING TO PENALTIES UPON CONVICTION OF AGGRAVATED STALKING, SO AS TO INCREASE THE MAXIMUM PENALTY; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO AMEND SECTION 16-3-1770, RELATING TO FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (JUD0481.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-17-430 of the 1976 Code is amended to read:
"Section 16-17-430. (A) It is unlawful for a person to:
(1) use in a telephonic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) telephone another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(3) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(4) telephone another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned with the intent to annoy, frighten, or terrify that person; or
(5) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.
(B)(1) A person who violates items (1), (2), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.
(2) A person who violates items (3) or (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not ore than one hundred dollars or imprisoned not more than thirty days.
It is unlawful for a person, in a telephonic or an electronic communication, with the intent to coerce, intimidate, or harass another person, to:
(1) use words or language of a profane, vulgar, lewd, lascivious, or an indecent nature; or
(2) threaten an unlawful act.
(B) It is unlawful for a person, by telephone, computer, or other electronic device, with the intent to coerce, intimidate, or harass another person, to communicate or convey to another person a message, which is obscene, vulgar, indecent, profane, suggestive, or immoral.
(C) It is unlawful for a person to repeatedly telephone, or repeatedly send e-mail or other forms of electronic communication to another person, whether conversation or communication ensues, for the purpose of annoying or harassing that person or that person's family.
(D) It is unlawful for a person to telephone or send e-mail or other forms of electronic communication to another person and:
(1) make statements concerning the death or injury of a member of that person's family with the intent to annoy, frighten, or terrify that person; or
(2) intentionally fail to hang up or otherwise disengage the connection for the purpose of interfering with that person's telephone, computer, e-mail, or other electronic service.
(E) It is unlawful for the owner or a person in control of a telephone, computer, or other electronic device to knowingly permit another person to use that device for any purpose prohibited by this section.
(F)(1) A person who violates subsection (A), (B), (C), or (D)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.
(2) A person who violates subsection (D)(2) or (E) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
Amend the bill further, as if amended, by adding an appropriately numbered SECTION to read:
SECTION ___. The repeal or amendment by this act of any law, whether temporary or permanent, civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly so provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (496SFCFINAL), which was adopted:
Amend the bill, as and if amended, Section 33-57-120(5), SECTION 2, page 3, line 23, by deleting /colleges/ and inserting /public libraries/.
When amended, Section 33-57-120(5) reads:
/ (5) 'Educational purposes and programs' includes, but is not limited to, scholarships and financial aid to citizens of this State to enable them to attend public educational institutions of higher learning located within this State and independent institutions of higher learning, as defined in Section 59-113-50, teacher quality advancement programs, and delivery and upgrade of technology to public schools and public libraries. /.
Amend further, Section 33-57-160(A)(9), SECTION 2, page 8, line 36, by deleting /may/ and inserting / must /.
When amended, Section 33-57-160(A)(9) reads:
/ (9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the corporation must use the telecommunications network service of the Budget and Control Board's Office of Information Resources pursuant to Sections 1-11-430 and 11-35-1580;/
Amend further, Section 33-57-160(A)(11), SECTION 2, page 9, by inserting after /System/ on line 8 / and may elect optional retirement program coverage in the same manner as provided in Section 9-20-10(2)(a), /
When amended, Section 33-57-160(A)(11) reads:
/ (11) appoint, select, or hire officers, agents, and employees, including professional and administrative staff, personnel, and hearing officers to conduct hearings required by this chapter, and to fix their compensation and pay their expenses. Notwithstanding another provision of law, the corporation has exclusive authority to contract for legal services. All employees of the corporation are employees-at-will and are eligible for participation in the South Carolina Retirement System and may elect optional retirement program coverage in the same manner as provided in Section 9-20-10(2)(a), the State Health Insurance Group plans, and are encompassed by the South Carolina Tort Claims Act; /
Amend further, Section 33-57-160(A)(15), SECTION 2, page 9, line 26, by deleting /may/ and inserting / must / and after /borrowed/ by inserting / from the Insurance Reserve Fund of the Budget and Control Board, subject to the loan repayment terms of the Budget and Control Board, /.
When amended, Section 33-57-160(A)(15) reads:
/ (15) enter into contracts on such terms and conditions as the corporation may determine, except that the corporation must not enter into contracts to incur debt in its own name or enter into financing agreements with the State, agencies, or instrumentalities of the State, or with a commercial bank or credit provider; however, necessary start-up monies must be borrowed from the Insurance Reserve Fund of the Budget and Control Board, subject to the loan repayment terms of the Budget and Control Board, for effectuating its corporate purposes, including payment of the initial expenses of initiation, administration, and operation of the corporation and the lottery, if and only if sufficient start-up monies are not appropriated from the general fund; /
Amend further, Section 33-57-320(H), SECTION 2, page 28, beginning on line 34, by deleting / five hundred thousand dollars / and inserting / one million dollars from net proceeds /;
Amend further, page 28, line 36, after /the/ by inserting / prevention and /;
Amend further, page 28, line 38, after /hotline/ by inserting /, with five hundred thousand dollars of that amount to be used for prevention programs including in, or in totality, going to mass media communication/;
Amend further, page 28, beginning on line 39, by deleting / For succeeding years, at least five hundred thousand dollars but not more than one million dollars from unclaimed prize money must be directed annually to DAODAS for the same purposes, in such amount as determined by the board. / and inserting / During the second and succeeding years of operation, one million two hundred fifty thousand dollars of unclaimed prize money must be directed to DAODAS for those purposes, with at least seven hundred fifty thousand dollars being used for prevention programs including, or in totality, mass media communication. /;
Amend further, page 29, by deleting lines 3 through 5 which read /Unclaimed prize money in excess of the amount determined necessary by the board to effectuate the purposes of this section must be deposited in the Education Lottery Account./ and inserting / Unclaimed prize money in excess of the amount to effectuate the purposes of this section, not to exceed ten million dollars annually, must be credited to the South Carolina Department of Education for the purchase of school buses for public education. Any funds remaining must be transferred to the Education Lottery Account. /
When amended, Section 33-57-320(H) reads:
/ (H) During the first year in which the lottery is operational, one million dollars from net proceeds must be directed to the Department of Alcohol and Other Drug Abuse Services (DAODAS) for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, with five hundred thousand dollars of that amount to be used for prevention programs including in, or in totality, going to mass media communication. During the second and succeeding years of operation, one million two hundred fifty thousand dollars of unclaimed prize money must be directed to DAODAS for those purposes, with at least seven hundred fifty thousand dollars being used for prevention programs including, or in totality, mass media communication. The Director of the Department of Alcohol and Other Drug Abuse Services must report to the board on the programs implemented with these funds, and provide a copy of the report to the General Assembly. Unclaimed prize money in excess of the amount to effectuate the purposes of this section, not to exceed ten million dollars annually, must be credited to the South Carolina Department of Education for the purchase of school buses for public education. Any funds remaining must be transferred to the Education Lottery Account. /.
Amend further, Section 33-57-380, SECTION 2, page 31, line 9, after the /./ by inserting /(A)/, and page 31, line 10, by inserting after /procurements/ on line 9 / ,including, but not limited to, its contracts with vendors, /; and by inserting after line 11:
/ (B) A vendor who appeals the award of a procurement contract for the supply of a lottery game ticket system, share system, or an on-line or other mechanical or electronic system is liable for all costs of appeal and defense if the appeal is denied or the contract award is upheld. Cost of appeal and defense specifically includes, but is not limited to, administrative proceedings, court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal was frivolous. /
When amended, Section 33-57-380 reads:
/ Section 33-57-380. (A) The corporation must enter into its contracts for procurements, including, but not limited to, its contracts with vendors, in compliance with the South Carolina Consolidated Procurement Code.
(B) A vendor who appeals the award of a procurement contract for the supply of a lottery game ticket system, share system, or an on-line or other mechanical or electronic system is liable for all costs of appeal and defense if the appeal is denied or the contract award is upheld. Cost of appeal and defense specifically includes, but is not limited to, administrative proceedings, court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal was frivolous. /
Amend further, Section 33-57-390(A), SECTION 2, page 31, line 13 by striking / vendor /;
Amend further, page 31, line 28, after the word / contracts / by adding / , as provided in Section 33-57-380, /;
Amend further, page 31, line 29, after the word / Carolina / by adding / Consolidated /.
When amended, Section 33-57-390 (A) reads:
/ Section 33-57-390. (A) Any retailer, applicant for a retailer license, or lottery game ticket holder aggrieved by an action of the board may appeal that decision to the South Carolina Administrative Law Judge Division. The action is subject to review by an administrative law judge on the record of the board, upon petition of the aggrieved person within ten days from receipt of official notice from the board of the action of which review is sought. Service of notice is presumed conclusively ten days after mailing by registered or certified mail to the applicant or licensee of notice at his last known address. An appeal to the South Carolina Administrative Law Judge Division pursuant to this section is a contested case as defined by the Administrative Procedures Act, and subject to the procedural due process requirements provided for in Article 5, Chapter 23, Title 1 and the Rules of Procedure of the Administrative Law Judge Division. Appeals regarding vendor contracts, as provided in Section 33-57-380, must be brought pursuant to the South Carolina Consolidated Procurement Code. /
Amend further, Section 33-57-390(E), SECTION 2, page 32, lines 9 through 17, by deleting the subsection in its entirety; and by deleting on line 18 / (F) / and inserting / (E) /.
Amend further, Section 33-57-410(4), SECTION 2, page 33, by inserting after /an/ on line 35 / annual / and line 36, by deleting /State and / and inserting / corporation, but subject to the parameters established and the use of personnel as required by the State Auditor. The State Auditor /.
When amended, Section 33-57-410(4) reads:
/ (4) authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm must not have a financial interest in a vendor with whom the corporation is under contract. The certified public accountant or firm must evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the corporation. The State Auditor may at any time conduct an annual audit of any phase of the operations of the corporation at the expense of the corporation but subject to the parameters established and the use of personnel as required by the State Auditor. The State Auditor shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the corporation's fiscal year to the Governor, President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, State Treasurer, the Comptroller General, and the oversight committee co-chairmen; /
Amend further, Section 33-57-440(B)(3)(a), SECTION 2, page 38, beginning on line 9, by deleting the subitem which reads:
/(a) A reserve account must be maintained within the Education Lottery Account. The amount of the reserve account must equal ten percent of the total amount of lottery proceeds deposited into the Education Lottery Account for the preceding fiscal year. For the first twelve months of operation, ten percent of the lottery proceeds received by the State must be credited to the reserve account. After the end of the first complete fiscal year, the reserve account must be maintained at the ten percent level. /
and inserting:
/ (a) A reserve account must be maintained within the Education Lottery Account. The amount of the reserve account must equal fifteen percent of the total amount of net proceeds deposited into the Education Lottery Account for the preceding fiscal year. For the first twelve months of operation the reserve account must not be funded. Beginning in the second year of operation, and for each succeeding year, five percent of the net proceeds must be credited to the reserve account until the account accumulates a balance of fifteen percent for the previous fiscal year. After that, the reserve account must be maintained at the fifteen percent level. /.
Amend further, Section 33-57-450, SECTION 2, page 39, beginning on line 21, by deleting / in priority order with the programs ranked in higher order being fully funded first before other programs in lesser order are funded to any degree/ and inserting / (B) and (C) /.
When amended, Section 33-57-450 reads:
/ Section 33-57-450. The net proceeds received from the state lottery for education as provided by law must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Education Lottery Account'. All interest or income earned by the fund must be retained in the account and used for its stated purposes. However, all revenue received by the Education Lottery Account in any fiscal year together with earnings on it for that year must be disbursed as required by Section 33-57-460. It is the intent of the General Assembly in creating this Education Lottery Account that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Education Lottery Account by the State Treasurer, these monies must be appropriated to the programs and for the purposes stipulated in Section 33-57-460(B) and (C). The Comptroller General must record these revenues received on a cash basis, and disbursements for the purposes provided also must be on a cash basis; however, unexpended funds at the end of a fiscal year after disbursement to the programs authorized to receive the funds as provided in Section 33-57-460 may be carried forward to future years and expended for the same purposes. /
Amend further, Section 33-57-460(B)(2), SECTION 2, page 40, line 9, by deleting / and /;
Section 33-57-460(B)(3), page 40, line 10, by deleting / ten / and inserting / nine /;
Amend further, page 40, line 12, by deleting / which must include initiatives for public libraries / and inserting / and (4) one percent to the State Library for public library state aid /.
When amended, Section 33-57-460(B)(2) and (B)(3) reads:
/ (2) forty percent for the SC HOPE Scholarship Program established pursuant to Section 33-57-480 of this chapter; from these funds, the University of South Carolina-Aiken and the University of South Carolina-Spartanburg must be reimbursed the total cost of tuition for those students enrolled in the associate degree nursing program; this amount is in lieu of HOPE scholarships for those eligible students;
(3) nine percent to the Department of Education for primary and secondary school technology funding, pilot programs, and grants; and
(4) one percent to the State Library for public library state aid. /.
Amend further, Section 33-57-460(C)(3), SECTION 2, page 40, line 34, by deleting / thirty / and inserting / twenty-seven /;
Amend further, page 40, line 36, by deleting / which must include initiatives for public libraries/ and inserting / and (4) three percent to the State Library for public library state aid. /
When amended, Section 33-57-460(C)(3) reads:
/ (3) twenty-seven percent to the Department of Education for primary and secondary school technology funding, pilot programs, and grants; and
(4) three percent to the State Library for public library state aid. /
Amend further, Section 33-57-460(D), page 40, line 43, by deleting /Comptroller General/ and inserting / State Treasurer /.
When amended, Section 33-57-460(D) reads:
/ (D) Distributions must be made from the Education Lottery Account on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002. Any net proceeds received during fiscal year 2001-2002 must be carried forward for distribution in fiscal year 2002-2003. This distribution schedule may be adjusted during the lottery's first year of operation as revenue permits. The State Treasurer must distribute all available funds in the Education Lottery Account each quarter to the programs or for the purposes indicated in subsections (B) and (C). /
Amend further, Section 33-57-470(E), page 42, line 5, by deleting /the Mission Resource Recovery, as established by/.
When amended, Section 33-57-470(E) reads:
/ (E) Notwithstanding Section 33-57-470(D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, without increasing the fee reduction required by the Commission on Higher Education. /
Amend further, beginning on page 43, by deleting Section 33-57-500 in its entirety which reads:
/ Section 33-57-500. (A) The State Department of Education, the South Carolina Commission on Higher Education, and the State Board for Comprehensive and Technical Education must develop a program to provide and upgrade technology and technology delivery to the public schools and colleges of this State and establish the criteria for the program including, but not limited to, eligibility for participation, an application process, required procedures upon application or grant approval, and the manner of delivery. Half of the funds must be allocated to the state's K-12 public schools. Funds for this program must be distributed to each school district according to Education Finance Act formulas, with a local match not required and each district to receive a minimum of one hundred thousand dollars each year pursuant to this program. The other half of the available funds must be allocated to the State's public institutions of higher learning based upon performance funding criteria.
(B) If sufficient funds are not available in the Education Lottery Account to provide each school district with a minimum distribution of one hundred thousand dollars each year, each district must receive an equal share of the available funds. /
and inserting:
/ Section 33-57-500. (A) The State Department of Education, in consultation with the Budget and Control Board's Office of Information Resources, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 33-57-460(B)(3) and Section 33-57-460(C)(3). These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3.
(B) Funds appropriated to the South Carolina State Library, as provided in 33-57-460(B)(4) and 33-57-460(C)(4), must be distributed to local public libraries on a per capita basis. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the committee amendment.
Senator THOMAS moved that the committee amendment be adopted.
The committee amendment was adopted.
Senator MARTIN proposed the following Amendment No. 2 (PT\ 1374DW01), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ "Section 33-57-265. Lottery game tickets and shares may not be sold in a business that sells alcoholic liquor, beer, or wine for consumption on the premises." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
Senator RANKIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Holland Hutto Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Hawkins Hayes Jackson Leatherman Martin Mescher Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was laid on the table.
Senator BRANTON proposed the following Amendment No. 3 (DKA\4222MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-310(E), SECTION 2, page 24, by inserting after / general / on line 15 / or primary /.
Renumber sections to conform.
Amend title to conform.
Senator BRANTON explained the amendment.
The amendment was adopted.
Senators RITCHIE and RICHARDSON proposed the following Amendment No. 5 (BBM\10159HTC01), which was carried over:
Amend the bill, as and if amended, page 29, by inserting after line 26:
/ Section 33-57-335. The right to broadcast on radio or television the results of lottery games and lottery winners is vested exclusively in the South Carolina Educational Television Commission. The commission may license other broadcast outlets to air the results of lottery games and lottery winners for fees generally prevailing in such commercial licensing arrangements. The commission may retain these licensing fees and use them to defray the expenses of its digital conversion program. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 10, 2001, at 1:10 P.M. and the following Acts and Joint Resolutions were ratified:
(R26, S. 365 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\365AC01.DOC
(R27, S. 397 (Word version)) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\397AC01.DOC
(R28, S. 502 (Word version)) -- Senator McGill: AN ACT TO REPEAL ACT 191 OF 1971, RELATING TO THE CREATION OF THE WILLIAMSBURG COUNTY RECREATION COMMISSION DISTRICT AND TRANSFER ALL OF ITS POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES TO THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
L:\COUNCIL\ACTS\502DW01.DOC
(R29, H. 3053 (Word version)) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: AN ACT TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON ANY PUBLIC RETIREMENT OR PENSION PLAN NOT COVERED BY ERISA OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS CONVICTED OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO THE PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT THE SPOUSE OR REPRESENTATIVE OF MINOR CHILDREN MAY FILE A PETITION TO HAVE THE JUDGE DISSOLVE THE LIEN IN WHOLE OR IN PART IN FAVOR OF THE SPOUSE OR MINOR CHILDREN BECAUSE THE SPOUSE OR MINOR CHILDREN WOULD SUFFER EXTREME FINANCIAL HARDSHIP IF THE LIEN WERE TO ATTACH, TO PROVIDE THE LIEN SHALL NOT ATTACH TO THE ALTERNATE PAYEE'S PORTION OF THE RETIREMENT BENEFIT IF THE CONVICTED PERSON IS SUBJECT TO A QUALIFIED DOMESTIC RELATIONS ORDER OR IF THE CONVICTED PERSON IS SUBJECT TO A CHILD SUPPORT ORDER, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES, RETIREMENT ALLOWANCES, AND CONTRIBUTIONS ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; TO AMEND SECTIONS 9-8-190, 9-9-180, AND 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION; AND TO PROVIDE A SEVERABILITY CLAUSE.
L:\COUNCIL\ACTS\3053SOM01.DOC
(R30, H. 3098 (Word version)) -- Reps. McGee, Altman, Meacham-Richardson, Whatley, Owens and Rodgers: AN ACT TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
L:\COUNCIL\ACTS\3098CM01.DOC
(R31, H. 3173 (Word version)) -- Reps. Law and Merrill: AN ACT TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 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.
L:\COUNCIL\ACTS\3173DJC01.DOC
(R32, H. 3227 (Word version)) -- Reps. Altman and Neilson: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE; AND TO AMEND SECTION 12-37-250, RELATING TO THE HOMESTEAD EXEMPTION FROM REAL PROPERTY TAXES, SO AS TO REFLECT THE ALLOWANCE INCREASE FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS.
L:\COUNCIL\ACTS\3227MM01.DOC
(R33, H. 3303 (Word version)) -- Reps. Scott and Knotts: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
L:\COUNCIL\ACTS\3303DW01.DOC
(R34, H. 3616 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3616AC01.DOC
(R35, H. 3617 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3617AC01.DOC
(R36, H. 3625 (Word version)) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
L:\COUNCIL\ACTS\3625SD01.DOC
(R37, H. 3792 (Word version)) -- Reps. Rice and Simrill: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001 IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.
L:\COUNCIL\ACTS\3792DJC01.DOC
(R38, H. 3805 (Word version)) -- Rep. J. Young: AN ACT TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE, AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER, SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND LIMITS FOR TAKING SHAD IN CERTAIN PORTIONS OF THE SANTEE RIVER AND THE REDIVERSION CANAL, AND TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE, AND LIMITS FOR TAKING HERRING IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
L:\COUNCIL\ACTS\3805DJC01.DOC
(R39, H. 3825 (Word version)) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: AN ACT TO AUTHORIZE DORCHESTER SCHOOL DISTRICT TWO TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
L:\COUNCIL\ACTS\3825SD01.DOC
At 1:16 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator McCONNELL spoke on the amendment.
Senator PASSAILAIGUE raised a Point of Order that Amendment No. 5 was out of order inasmuch as it violated the provisions of Article III, Section 15 of the S. C. Constitution.
The PRESIDENT took the Point of Order under advisement.
On motion of Senator RITCHIE, with unanimous consent, the amendment was carried over.
Senators RITCHIE and RICHARDSON proposed the following Amendment No. 6B (JUD0496.003), which was adopted:
Amend the bill, as and if amended, by striking Section 33-57-460(B)(3), as contained in SECTION 2, and inserting therein the following:
/ (3) ten percent to the Department of Education to be allocated as follows:
(a) eighty percent to K-12 technology, including, but not limited to, computer advancements;
(b) ten percent to public libraries; and
(c) ten percent to school-based grants for pilot programs.
Amend the bill, as and if amended, by striking Section 33-57-460(C)(3), as contained in SECTION 2, and inserting therein the following:
/ (3) thirty percent to the Department of Education to be allocated as follows:
(a) ten percent to K-12 technology, including, but not limited to, computer advancements;
(b) twenty percent to school-based grants for pilot programs;
(c) forty percent to the Governor's Reading Initiative;
(d) twenty percent to the Charter Schools Startup Fund; and
(e) ten percent to public libraries. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator RICHARDSON argued in favor of the adoption of the amendment.
Senator SETZLER spoke on the amendment.
At 1:56 P.M., Senator MARTIN assumed the Chair.
Senator SETZLER continued speaking on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Elliott Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
At 2:10 P.M., the PRESIDENT assumed the Chair.
The Senate refused to table the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator MATTHEWS argued contra to the adoption of the amendment.
At 2:12 P.M., Senator MARTIN assumed the Chair.
Senator MATTHEWS continued arguing contra to the adoption of the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Elliott Ford Glover Holland Hutto Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
At 2:30 P.M., the PRESIDENT assumed the Chair.
Amendment No. 6B was adopted.
Senator HAWKINS proposed the following Amendment No. 7A (JUD0496.005), which was adopted:
Amend the bill, as and if amended, page 7, line 34, in Section 33-57-140, as contained in SECTION 2, by inserting the following subsection to read:
/ (O) The board must not enter into a contract for goods or services, or otherwise do business, with a person who is a member of the General Assembly, an immediate family member of a member of the General Assembly, a person who has been a member of the General Assembly within one year prior to the date of the contract, or an individual with whom the member, former member, or immediate family member is associated in partnership or a business, company, corporation, or partnership where the member's, former member's, or immediate family member's interest is greater than five percent. For purposes of this subsection, the terms used herein are as set forth in Chapter 13 of Title 8. /
Amend the bill further, as and if amended, page 11, line 7, in Section 33-57-160, as contained in SECTION 2, by inserting the following subsection to read:
/ (H) The corporation must not enter into a contract for goods or services, or otherwise do business, with a person who is a member of the General Assembly, an immediate family member of a member of the General Assembly, a person who has been a member of the General Assembly within one year prior to the date of the contract, or an individual with whom the member, former member, or immediate family member is associated in partnership or a business, company, corporation, or partnership where the member's, former member's, or immediate family member's interest is greater than five percent. For purposes of this subsection, the terms used herein are as set forth in Chapter 13 of Title 8. /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-745 of the 1976 Code is amended to read:
"Section 8-13-745. (A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months.
(B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.
(C) Notwithstanding Except as provided in Section 33-57-140 and Section 33-57-160, notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole.
(D) The provisions of this section do not apply to any court in the unified judicial system.
(E) When Except as provided in Section 33-57-140 and Section 33-57-160, when a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.
(F) The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992." /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell * Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Smith, J. Verne Thomas Verdin Waldrep Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
On motion of Senator McGILL, with unanimous consent, Senators BRANTON, LEVENTIS, DRUMMOND, PASSAILAIGUE, GROOMS and McGILL were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be notified of any roll call votes.
Senators THOMAS and HAYES proposed the following Amendment No. 15A (496R004.DLT), which was adopted:
Amend the bill, as and if amended, page 9, by deleting lines 39 and 40 and inserting the following:
/ is accurate and not misleading. Lottery advertising must not contain the name or picture of an elected official or State Seal or its likeness. The board must review, /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 17 (SWB\5293DJC01), which was adopted:
Amend the bill, as and if amended, in Section 33-57-170 as contained in SECTION 2, page 12, after line 10, by inserting a new subsection to read:
/ (B) If the board submits a regulation for a lottery game resulting in an instant winner, the board shall consider instituting an additional lottery game that makes use of the nonwinning instant tickets on a monthly or other periodic basis, so as to encourage nonwinners to accumulate their tickets instead of disposing of them separately and creating unsightly litter. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 25 (GGS\22954MM01), which was adopted:
Amend the bill, as and if amended, Section 33-57-340(C), as contained in SECTION 2, pages 29 and 30, by deleting the subsection in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators THOMAS and HAYES proposed the following Amendment No. 26A (496R005.DLT), which was adopted:
Amend the bill, as and if amended, Section 33-57-420(A) as contained in SECTION 2, page 34, by striking line 14 and inserting the following:
/ Section 33-57-420. (A)(1) There is created as a committee, the /
Amend further, Section 33-57-420(A) as contained in SECTION 2, page 34, by striking lines 31 and 32 and inserting the following:
/ hearing and may conduct an independent audit or investigation of the authority as necessary.
(2) The South Carolina Education Lottery Oversight Committee may initiate and propose changes in the laws of this State so as to prevent abuses and evasions of this chapter or its regulations or to rectify undesirable conditions in connection with the administration or operation of the lottery. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senators LEATHERMAN, THOMAS, HAYES, MARTIN and RITCHIE proposed the following Amendment No. 29A (DKA\4235MM01), which was tabled:
Amend the bill, as and if amended, Section 33-57-150(4), SECTION 2, page 8, by inserting after /33-57-170/ on line 2:
/ , except that the online lottery game with one drawing each day, known as Pick 3 / 4, may be conducted without compliance with the Administrative Procedures Act, as specified in Section 33-57-170(A) / .
Amend further, Section 33-57-170, SECTION 2, page 11, by deleting lines 8 through 13, and inserting:
/ Section 33-57-170. (A) In accordance with the Administrative Procedures Act, the board must promulgate regulations and adopt policies and procedures regulating the conduct of lottery games, except that the conduct of the online lottery game with one drawing each day, known as Pick 3 / 4, is exempt from compliance with the Administrative Procedures Act.
(B) The regulations, policies, and procedures must specify the:
(1) type of lottery games as described in Section 33-57-120(7). /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Land Leventis Matthews McConnell McGill Moore Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Saleeby Setzler
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Jackson Leatherman Martin Mescher Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was laid on the table.
Senators COURSON and MARTIN proposed the following Amendment No. 30 (SWB\5308DJC01):
Amend the bill, as and if amended, SECTION 2, Section 33-57-160(A)(17), page 9, line 35, by inserting a new sentence between /befitting the state./ and /The board must/ as follows:
/ Advertising permitted under this section may only be conducted at the point of sale of lottery tickets. /
Amend the bill further, as and if amended, SECTION 2, Section 33-57-160(A)(17), page 9, line 42, by striking /major media/ and inserting /advertising/
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the amendment.
Senator MARTIN asked unanimous consent to make a motion that the members of the Reapportionment Subcommittee be granted leave to be recorded on the question of adoption of Amendment No. 30 by submitting their votes to the Desk before they departed for a subcommittee meeting this evening.
Senator FORD objected.
On motion of Senator J. VERNE SMITH, with unanimous consent, debate was interrupted by adjournment, with Senator COURSON retaining the floor.
On motion of Senators RITCHIE, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, WALDREP and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ben R. Harrison of Walnut Grove, S.C.
At 4:03 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 10:30 A.M.
This web page was last updated on Thursday, June 25, 2009 at 1:19 P.M.