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 author of the Epistle to the Hebrews Chapter 12 in the New Revised Standard Version of the Holy Bible:
"Therefore, since we are surrounded by so great a cloud of witnesses, let us also lay aside every weight and the sin that clings so closely and let us run with perseverance the race that is set before us, looking to Jesus..."
Let us pray.
Our Father, give us the grace to know that we have made a caricature of freedom.
Please help us to redefine our definition of freedom, not as a license to do as we please, but as a charter to do as we OUGHT... LOOKING TO JESUS!
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:
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
At-Large:
Pamela McCreery Harpootlian, 1721 Enoree Ave., Columbia, S.C. 29205 VICE Martha A. Vaughn
Referred to the Committee on Education.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:
At-Large:
Carl L. Solomon, Gergel, Nickles & Soloman, PA, 1400 Main St., Suite 700, Columbia, S.C. 29202 VICE William H. Stern
Referred to the Committee on Education.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007:
Berkeley:
Julius Barnes, P. O. Box 546, St. Stephens, S.C. 29479-0546 VICE John David Trout
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1997, and to expire June 30, 2001:
4th Congressional District:
Gary L. Burgess, Sr., Ed. D., 140 Milles Circle, Anderson, S.C. 29625 VICE L. Alexia Newman
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2000, and to expire June 30, 2005:
At-Large:
Gregory Poole Harris, 1 Catesby Circle, Columbia, S.C. 29206 VICE Frank B. Washington
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2000, and to expire May 31, 2005:
2nd Congressional District:
John Terrence Mobley, 130 Glenbrooke Circle, Columbia, S.C. 29204 VICE Edward E. Duryea
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1997, and to expire June 30, 2000:
3rd Congressional District:
William C. Price, 1550 Redd Street, Aiken, S.C. 29801 VICE Mable H. Wynn
Referred to the Committee on Judiciary.
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
3rd Congressional District:
William C. Price, 1550 Redd Street, Aiken, S.C. 29801
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2000, and to expire June 30, 2004:
1st Congressional District:
J. Elliott Summey, 5069 Ashby Ave., North Charleston, S.C. 29405 VICE Terrye C. Seckinger
Referred to the Committee on Judiciary.
Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2000, and to expire June 30, 2004:
3rd Congressional District:
Elizabeth B. Weaver, 100 Norte Vista Drive, Easley, S.C. 29640
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1996, and to expire November 27, 2000:
Susan Powell Graham, 123 Oak Drive, Greer, S.C. 29650 VICE E. L. "Jimmy" Eckles
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2000, and to expire November 27, 2004:
Susan Powell Graham, 123 Oak Drive, Greer, S.C. 29650
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 1999, and to expire June 30, 2003:
Master:
William D. Norris, 918 Natchez Trail, West Columbia, S.C. 29169
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2000, and to expire April 1, 2004:
Interested Party:
Royce J. Carter, 302 Henderson Street, Greenville, S.C. 29607 VICE Sharon D. Madison
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:
At-Large:
Lykes S. Henderson, Jr., Presbyterian Homes of SC, 801 Musgrove Street, Clinton, S.C. 29325 VICE Patrick Lee Baughman, Sr.
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2000, and to expire June 9, 2003:
Nursing Home Administrator - Proprietary:
Julius B. Kinney, Jr., 204 Nottingham Way, Anderson, S.C. 29621 VICE Ethel L. Hughs
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1998, and to expire June 9, 2001:
Community Residential Care Administrator:
Daniel Rogers McLeod, Jr., 26 West Seven Oaks Drive, Greenville, S.C. 29605 VICE Shirley H. Fishburne
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Board of Pharmacy, with term coterminous with Governor:
Lay Member:
Leo Richardson, Phd. D., 241 King Charles Road, Columbia, S.C. 29209 VICE Charles L. Appleby, Jr.
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:
At-Large:
James M. Micali, Michelin North America, Inc., One Parkway South, Greenville, S.C. 29602 VICE Thomas F. Hartnett
Referred to the Committee on Transportation.
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:
Outdoor Advertising:
Glynn Furman Willis, Sr., 1709 Damon Drive, Florence, S.C. 29505 VICE Hal W. Stevenson
Referred to the Committee on Transportation.
Initial Appointment, Berkeley County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Paula F. Lewis, 102 Hedge Row, Goose Creek, S.C. 29445 VICE Karen D. Hightower
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jesse C. Dove, 8757 East-Fairway Woods Circle, North Charleston, S.C. 29420 VICE Rodney W. Profit
At 4:35 P.M., Senator RYBERG requested a leave of absence beginning at 4:00 P.M. on June 1, 2000, through June 6, 2000.
At 1:55 P.M., Senator DRUMMOND 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 3:00 P.M.
There was no objection and a message was sent to the House accordingly.
H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING OR PEEPING; TO FURTHER PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, AND TO DEFINE THE TERM "VOYEURISM"; TO FURTHER PROHIBIT THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; TO DEFINE A "PLACE OF REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO FURTHER PROVIDE CRIMINAL PENALTIES FOR CONVICTIONS OF VOYEURISM AND THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY.
The House returned the Bill with amendments.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MARTIN proposed the following amendment (JUD0470.003), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 35, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 16-17-470 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term 'Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term 'Peeping Tom' also includes any person
(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.
(C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, or more than five thousand dollars or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) 'Place where a person would have a reasonable expectation of privacy' means:
(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or
(b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance.
(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.
(3) 'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(E) The provisions of subsection (A) do not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments;
(3) any official law enforcement activities conducted pursuant to Section 16-17-480;
(4) private detectives and investigators conducting surveillance in the ordinary course of business; or
(5) any bona fide news gathering activities.
(F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes."
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
On motion of Senator LAND, with unanimous consent, the Bill was carried over, with further amendments pending.
The following were introduced:
S. 1413 (Word version) -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton, and Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR MARY R. "MICKEY" MILLER, DIRECTOR OF THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, ON THE OCCASION OF HER RETIREMENT AFTER TWENTY-TWO YEARS OF LOYAL SERVICE AND TO RECOGNIZE HER
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1414 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 95, BEGINNING AT THE SEVEN MILE MARKER EXTENDING SOUTH TO THE SOUTH CAROLINA WELCOME CENTER, IN MEMORY OF TROOPER FIRST CLASS BRUCE KENNETH SMALLS, KILLED IN THE LINE OF DUTY ON SEPTEMBER 27, 1985.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1415 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND DR. EVELYN M. BERRY OF LEXINGTON COUNTY FOR HER DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS TO THE BETTERMENT OF THE PUBLIC EDUCATION SYSTEM IN SOUTH CAROLINA ON THE OCCASION OF HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1416 (Word version) -- Senators Patterson and Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1417 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION HONORING DR. W. DUKE HUCKS, SUPERINTENDENT OF PICKENS COUNTY SCHOOL DISTRICT, ON THE OCCASION OF HIS RETIREMENT AND RECOGNIZING HIS DEDICATION AND
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5045 (Word version) -- Reps. Robinson, Hamilton, Rice, Sheheen and Simrill: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2000-2001 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Read the first time and referred to the Committee on Finance.
H. 5135 (Word version) -- Reps. Carnell and Parks: A BILL TO AMEND ACT 441 OF 1959, AS AMENDED, RELATING TO THE GREENWOOD METROPOLITAN DISTRICT, SO AS TO INCREASE THE MEMBERS ON THE DISTRICT COMMISSION FROM SIX TO SEVEN, TO REQUIRE THREE MEMBERS PREVIOUSLY APPOINTED BY THE GOVERNOR TO BE ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO PROVIDE THAT THE ELECTED MEMBERS SHALL SERVE TWO-YEAR TERMS, AND TO ADD ONE MEMBER TO BE APPOINTED BY THE GREENWOOD COUNTY COUNCIL.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
On motion of Senator DRUMMOND, H. 5135 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5145 (Word version) -- Reps. Carnell, Keegan, H. Brown, Harrell, Quinn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5146 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT THANKS OF THE STATE OF SOUTH CAROLINA TO DR. W. DUKE HUCKS, SUPERINTENDENT OF EDUCATION FOR PICKENS COUNTY, FOR MORE THAN THIRTY-FIVE YEARS OF DEDICATION TO PUBLIC EDUCATION IN THIS STATE AS TEACHER, PRINCIPAL, AND SUPERINTENDENT, AND WISHING HIM A WELL-DESERVED AND HARD-EARNED RELAXING RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5148 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5149 (Word version) -- Reps. J. Brown, Breeland, Clyburn, M. Hines, Pinckney, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND from the Committee on Finance polled out H. 5086 with no report:
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Drummond Holland Saleeby
Smith, J. Verne Land Leventis
Moore Peeler Thomas
Wilson
Ordered for consideration tomorrow.
Columbia, S.C., May 30, 2000
The House respectfully informs your Honorable Body that Rep. Harrison has been named in lieu of Rep. Fleming to the Committee of Conference on the following Bill:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR
Received as information.
H. 4743 (Word version)-- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRYAN spoke on the Report.
On motion of Senator BRYAN, the Report of the Committee of Conference to H. 4743 was adopted as follows:
(Doc. No. L:\S-JUD\AMEND\CRJUD4743.002.DOC)
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/9/00--H.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act may be cited as the 'The Safe Haven for Abandoned Babies Act'.
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-85. (A) A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of an infant who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable
(B)(1) The hospital or hospital outpatient facility must offer the person leaving the infant information concerning the legal effect of leaving the infant with the hospital or hospital outpatient facility.
(2) The hospital or hospital outpatient facility must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the Department of Social Services. This information includes, but is not limited to, information concerning the use of a controlled substance by the infant's mother, provided, that information regarding the use of a controlled substance by the infant's mother shall not be admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department.
(3) Any identifying information disclosed by the person leaving the infant must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department must maintain confidentiality of this information in accordance with Section 20-7-690.
(C) Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of an infant pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department that it has taken temporary physical custody of the infant. The department shall have legal custody of the infant immediately upon receipt of the notice. The department must assume physical control of the infant as soon as practicable upon receipt of the notice, but no later than twenty-four
(D) Immediately after receiving notice from the hospital or hospital outpatient facility, the department must contact the South Carolina Law Enforcement Division for assistance in assuring that the infant left at the hospital or hospital outpatient facility is not a missing infant. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department if a missing infant report is received that might relate to the infant left at the hospital or hospital outpatient facility.
(E)(1) Within forty-eight hours after taking legal custody of the infant, the department must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the infant is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the infant was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2). The notice and the news release must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing. If the person leaving the infant identified anyone as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.
(2) Within forty-eight hours after obtaining legal custody of the infant, the department must file a petition alleging that the infant has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the infant in the home of the parent or parents would be contrary to the welfare of the infant, and that termination of parental rights is in the best interest of the infant. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department takes legal custody of the infant. This hearing shall be the permanency planning hearing for the infant. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of
(F) The act of leaving an infant with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the infant has been abused or neglected for purposes of Department of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of an infant is in issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the infant or acted in concert with the person leaving the infant.
(G) A person who leaves an infant at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:
(1) the person is a parent of the infant or is acting at the direction of a parent;
(2) the person leaves the infant in the physical custody of an employee of the hospital or hospital outpatient facility; and
(3) the infant is not more than thirty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty days old.
This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.
(H) A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.
(I) The department, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section.
(J) For purposes of this section, `infant' means a person not more than thirty days old."
SECTION 3. This act takes effect upon approval of the Governor./
Amend title to conform.
/s/Sen. James E. Bryan, Jr. /s/Rep. William Douglas Smith /s/Sen. Linda H. Short /s/Rep. George E. Campsen III /s/Sen. Ralph Anderson /s/Rep. C. Anthony Harris, Jr. On Part of the Senate. On Part of the House.
Columbia, S.C., May 30, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.
The House returned the Bill with amendments.
On motion of Senator LEVENTIS, 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.
S. 1411 (Word version) -- Senators Short and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.
Returned with concurrence.
Received as information.
S. 1412 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE EFFORTS OF THE LATE DR. JAMES I. CALIFF OF MYRTLE BEACH IN DIRECTING THE ESTABLISHMENT OF THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC. AND ALSO RECOGNIZING DR. CALIFF'S OTHER LONG AND TIRELESS EFFORTS ON BEHALF OF THE SENIOR CITIZENS OF HORRY COUNTY AND OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILSON proposed the following Amendment No. 1 (NBD\12180AC00), which was adopted but later reconsidered and withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Title 23 of the 1976 Code is amended by adding:
Law Enforcement Assistance and Support
Section 23-20-10. This chapter may be cited as the 'Law Enforcement Assistance and Support Act'.
Section 23-20-20. As used in this chapter:
(1) 'Law enforcement agency' means any state, county, municipal, or local law enforcement authority that enters into a contractual agreement for the procurement of law enforcement support services.
(2) 'Law enforcement provider' means any in-state or out-of-state law enforcement authority that provides law enforcement services to a law enforcement agency pursuant to this chapter.
(3) 'Law enforcement services' means any law enforcement assistance or service for which a fee is paid based on a contractual agreement.
Section 23-20-30. (A) The General Assembly recognizes the need to promote public safety and further recognizes that there may be situations where additional law enforcement officers are needed to
(B) Nothing in this chapter may be construed to alter, amend, or affect any rights, duties, or responsibilities of law enforcement authorities established by South Carolina's constitutional or statutory laws or established by the ordinances of South Carolina's political subdivisions, except as expressly provided for in this chapter.
Section 23-20-40. All written contractual agreements for law enforcement services must include, but may not be limited to, the following:
(a) a statement of the specific services to be provided;
(b) specific language dealing with financial agreements between the parties;
(c) specification of the records to be maintained concerning the performance of services to be provided to the agency;
(d) language dealing with the duration, modification, and termination of the contract;
(e) specific language dealing with the legal contingencies for any lawsuits or the payment of damages that arise from the provided services;
(f) a stipulation as to which law enforcement authority maintains control over the law enforcement provider's personnel; and
(g) specific arrangements for the use of equipment and facilities.
Section 23-20-50. (A) A copy of an agreement entered into pursuant to this chapter by a local law enforcement authority must be provided to the authority's governing body no later than one business day after executing the agreement. A state law enforcement authority must provide a copy of the agreement to the Governor and the Executive Director of the State Budget and Control Board no later than one business day after executing the agreement.
Section 23-20-60. The Governor, upon the request of a law enforcement authority or in his discretion, may by executive order, waive the requirement for a written contractual agreement for law
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following amendment (4849R001.TLM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 23-6-50 of the 1976 Code is amended by adding a new sentence at the end:
"The Department of Public Safety is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Having voted on the prevailing side, Senator WILSON moved to reconsider the vote whereby the Bill was given a third reading.
On motion of Senator WILSON, with unanimous consent, third reading was reconsidered.
The question then was the third reading of the Bill.
On motion of Senator WILSON, with unanimous consent, adoption of Amendment No. 1 was reconsidered.
On motion of Senator WILSON, with unanimous consent, Amendment No. 1 was withdrawn.
Senator O'DELL asked unanimous consent to take up an amendment for immediate consideration.
There was no objection.
Senator O'DELL proposed the following amendment (GGS\ 22687CM00), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ____. Section 23-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-10-10. The State Fire Marshal shall have has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel-paid, volunteer, and industrial. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy shall remain are assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Licensing, Labor, Licensing and Regulation or his designee.
There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee shall include includes:
(A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee;
(B) one member from the South Carolina Fire Chief's Association appointed by the president;
(C) one member from the South Carolina Fire Inspectors Association appointed by the president;
(D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president;
(E) one member from the Professional Firefighters Association appointed by the president;
(F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president;
(G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only;
(H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers;
(I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges;
(J) the State Fire Marshal as a member ex officio without voting privileges;
(K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation.; and
(L) one member from the South Carolina Fire and Life Safety Education Association appointed by the president." /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator GROOMS proposed the following amendment (3927M001.LKG), which was adopted:
Amend the bill, as and if amended, page 14, line 7, by adding after the word / possible/ and before the / , / the following:
/ or unless the filter has been hot drained /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GREGORY proposed the following amendment (3692R001.CKG), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. Title 15 of the 1976 Code is amended by adding:
South Carolina Business Debt Recovery Act
Section 15-42-10. This chapter may be cited as the 'South Carolina Business Debt Recovery Act of 2000'.
Section 15-42-20. (A) Every person who has recovered judgment in a court against another person to recover a 'commercial debt' as defined in this chapter has a right to a writ of garnishment, in the manner provided in this chapter, to satisfy the judgment he has obtained by subjecting to garnishment income, wages, interest, rents, capital gains, dividend bonuses, and commissions of the judgment debtor. Except for the above types of income, no other types of personal property of the debtor are subject to garnishment, and the term 'property' of the debtor or any other similar term, as used in this chapter in regard to garnishment, must be construed in the manner provided in this section.
(B) The term 'commercial debt' as used in this chapter means a nonconsumer debtor or a debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11) or other debt of a consumer as defined in Section 37-1-301(10). A commercial debt, for purposes of this chapter, does not include a first mortgage on a residence which qualifies as a person's legal residence under Section 12-43-220(c).
(C) Child support payments are not income subject to garnishment under this chapter. However, garnishment of income for required child support payments otherwise provided for by the laws of this State or under federal law continues in full force and effect and is not affected by the provisions of this chapter.
(D) A writ of garnishment must not be issued subject to an obligation to garnish a person paying income to the debtor as a tenant, client, or customer of the debtor.
(E) For a commercial debt as defined in subsection (B) to be subject to other provisions of this chapter, the debtor and the creditor before entering into the transaction must first voluntarily and knowingly agree in writing that the transaction constitutes a commercial debt for this purpose.
Section 15-42-30. (A) After judgment has been obtained against a defendant, the judgment creditor shall serve notice of intent to apply
(B) The notice must be in writing and conspicuously state: the name, address, and telephone number of the judgment creditor to whom the garnished payments must be made, a brief identification of the debt and a statement that, if the debt is not paid, the judgment creditor may apply for a writ of garnishment, the debtor's right to cure the debt, and the amount of payment and date by which payment must be made to cure the debt before garnishment. A notice shall be in substantially the following form:
(name, address, and telephone number of judgment creditor)
_________________________________________________
(name, address, and telephone number of judgment debtor)
_________________________________________________
(amount of judgment now due)
__________________________________________________
(description of judgment)
__________________________________________________
(last date for payment before garnishment applied for)
Section 15-42-40. (A) Thirty days after service of the notice, the judgment creditor may file with the circuit court the original notice, affidavit of search, affidavit of service, a response, and a motion for writ of garnishment together with a filing fee of twenty-five dollars.
If the judgment debtor serves an answer to the notice, the court shall set the motion for hearing and notify all parties of the hearing.
(B) If the judgment debtor fails to answer as required, the judgment creditor shall file with the circuit court, the original notice, affidavit of search, affidavit of service, affidavit of default, and a motion for writ of garnishment. If the judgment debtor fails to answer, the court shall issue a writ of garnishment against the judgment debtor, for the amount of the judgment.
(C) Upon receipt of the writ of garnishment, the judgment creditor shall forward a copy to the employer or other garnishee of the judgment debtor, which writ shall provide for the periodic payments of a stated
(D) Until the judgment is satisfied or until otherwise provided by court order, the court shall allow the judgment debtor's employer and subsequent employers or other garnishee to collect up to five dollars against the salary or wages of the judgment debtor to reimburse the employer or other garnishee for administrative costs for the first deduction from the judgment debtor's salary or wages and up to one dollar for each deduction thereafter.
(E) The employer or other garnishee shall remit the funds withheld to the judgment creditor within fifteen days after withholding. An employer or other garnishee who wilfully violates the requirements of this chapter in regard to the garnishment and remittance of an employee's earnings or other garnishable income to a judgment creditor is subject to a civil penalty of two hundred fifty dollars for each violation to be imposed at the discretion of the court. The creditor has a right of action against the employer for any garnished wages not remitted, to include the recovery of reasonable attorney's fees and costs.
(F) The employee must be fully credited with payment toward the debt in the amount garnished even if those funds are not remitted to the creditor by the employer or other garnishee.
Section 15-42-50. (A) As used in this chapter:
(1) 'Disposable earnings' means that part of the earnings of an individual remaining after the deduction from those earnings of the amount required by law to be withheld.
(2) 'Earnings' means compensation paid or payable for personal service, whether denominated as wages, salary, commission, bonus, or otherwise.
(B) Notwithstanding subsection (A) of this section, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment may not exceed twenty-five percent of his disposable earnings for that week.
(C) The limitation of garnishment set forth in subsection (B) shall apply although the garnishee may receive a writ of garnishment in more than one garnishment case naming the same defendant. No garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by subsection (B), as applicable,
(D) The administrative costs as detailed in Section 15-42-40(D) count when computing the maximum amount of disposable earnings subject to garnishment.
Section 15-42-55. Within twenty days of full payment of the amount owed, the judgment creditor shall file a satisfaction of judgment with the clerk of court in each county where the judgment was filed. A judgment creditor who fails to file a satisfaction of judgment pursuant to this section is subject to a penalty of fifty dollars payable to the clerk of court.
Section 15-42-60. No employer may discharge or terminate any employee by reason of the fact that his earnings have been subjected to garnishment, even though more than one writ of garnishment may be served upon the employer with respect to the indebtedness. An employee discharged or terminated in violation of this section may bring a civil action for wrongful discharge or termination.
Section 15-42-70. Funds or benefits from a pension or retirement program or funds or benefits from an individual retirement account are exempt from the process of garnishment until paid or otherwise transferred to a member or beneficiary of the program. The funds or benefits, when paid or otherwise transferred to the member or beneficiary, are exempt from the process of garnishment only to the extent provided in Section 15-42-50 for other disposable earnings, unless a greater exemption is otherwise provided by law.
Section 15-42-80. The remedy provided by this chapter is not exclusive but is in addition to any other collection procedures provided by the laws of this State in effect at the time this chapter takes effect and is optional with the judgment creditor.
Section 15-42-90. This chapter does not apply to garnishment for income tax purposes or other purposes which are otherwise provided for by the laws of this State."
SECTION ___. Section 37-5-104 of the 1976 Code is amended to read:
"Section 37-5-104. With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, except those transactions which are deemed to be commercial debts as defined in Chapter 42 of Title 15, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings."
SECTION ____. Chapter 39, Title 15 of the 1976 Code is amended to read:
"Section 15-39-410. The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (JUD4684.004), which was adopted:
Amend the bill, as and if amended, page 2, line 19, by striking SECTION 4 in its entirety and inserting therein the following:
/ SECTION 4. Section 14-25-15 of the 1976 Code is amended to read:
"Section 14-25-15. (A) Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council.
(B) The council must notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges.
(C) Before entering upon the discharge of the duties of his office, each judge shall must take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution.
(D) Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges:
(1) All municipal judges must complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year.
(a) Municipal judges appointed for the first time on or after the effective date of this act must complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later.
(b) Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, must pass a certification examination before April 30, 2001.
(c) Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, must pass a certification examination before April 30, 2002.
(d) Every municipal judge must pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter.
(2) If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier.
(E) Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge's office is declared vacant, the municipal judge does not hold over, and the council must appoint a successor, as provided in Section 14-25-25; however, the council must not reappoint the current
(F) No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.
(G) All municipal judges must attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges' duties which are required by the Supreme Court of South Carolina."
SECTION 5. Section 14-25-115 of the 1976 Code is amended to read:
"Section 14-25-115. The council of any a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall must take and subscribe the prescribed oath of office and shall must be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon magistrates, but shall have no other judicial power. Ministerial recorders have no other judicial authority."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1374 (Word version) -- Senator Moore: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
S. 1198 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-415 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO BE RESPONSIBLE FOR FUNDING EACH COUNTY SHERIFF'S SITE PREPARATION AND MAINTENANCE COSTS AS PART OF A STATEWIDE COMPUTERIZED SEX OFFENDER REGISTRY NETWORK.
Senator MARTIN spoke on the Bill.
S. 1386 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULL-TIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3894 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 9-8-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE AND TRANSFER OF CREDITED SERVICE FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE VESTING REQUIREMENT FOR TRANSFERRING CREDITED SERVICE TO THE SOUTH CAROLINA RETIREMENT SYSTEM FOR A JUDGE OR SOLICITOR WHO ON TERMINATION DOES NOT QUALIFY FOR A BENEFIT UNDER THE JUDICIAL SYSTEM FROM TWELVE YEARS TO THE CURRENT REQUIREMENT FOR VESTING UNDER THE JUDICIAL RETIREMENT SYSTEM OF
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (SKB\
18464SOM00), which was adopted:
Amend the bill, as and if amended, in Section 50-13-1192, as contained in SECTION 2, page 2, line 5, by adding subitem (e) to read:
/ "(e) Notwithstanding other provisions of this title, for the Congaree River from I-77 bridge in Columbia to the confluence of the Wateree and Congaree River where the number of hoop nets used is restricted to ten, these devices must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size and must be made of solid, buoyant material which does not sink if punctured or cracked. The floating markers must be constructed of plastic, PVC spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except manufactured buoys or floats specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The floating markers must be colored white when used the first through the fifteenth of each month and yellow when used the remainder of the month. The owner's name and address must be marked clearly on each floating marker." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
H. 5097 (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 LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-4521 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 41-27-370(2) of the 1976 Code is amended by adding a paragraph at the end to read:
"For purposes of this subsection, social security benefits are not considered a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment attributable to the beneficiary's employment. As a result, the offset of social security will be reduced from 50% to 0% based on the fact that individuals are required to contribute to social security."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bills were carried over:
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
On motion of Senator DRUMMOND
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO
On motion of Senator LEATHERMAN
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.
Senator RANKIN was recognized.
Pending Senator PASSAILAIGUE's imminent arrival in the Chamber, Senator McCONNELL moved to carry over the Bill.
Senator RANKIN objected.
Senator RANKIN argued in favor of the adoption of the amendment.
Senator RANKIN asked unanimous consent to take up Amendment No. 16 for immediate consideration.
Senator McCONNELL objected.
Senator RANKIN spoke on the Bill.
Senator MOORE asked unanimous consent to make a motion to carry over the Bill, S. 3, pending the arrival of Senator PASSAILAIGUE.
Senator FORD objected.
Senator RANKIN spoke on the Bill.
Senator MOORE asked unanimous consent to make a motion to carry over the Bill, S. 3, pending the arrival of Senator PASSAILAIGUE.
Senator LEVENTIS objected.
Senator RANKIN spoke on the Bill.
H. 5074 (Word version) -- Reps. Klauber, Carnell and Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF U.S. HIGHWAY 72 FROM ITS INTERSECTION WITH HIGHWAY 702 TO COTHRAN'S BRIDGE AT THE GREENWOOD COUNTY LINE AS THE "HAROLD LUMLEY, SR. HIGHWAY" IN MEMORY OF AN OUTSTANDING AGRICULTURIST AND LEADER IN THE FARMING COMMUNITY, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
Senator DRUMMOND asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
Senator DRUMMOND asked unanimous consent to adopt the Resolution.
There was no objection.
The Resolution was adopted, ordered returned to the House.
S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING
The House returned the Bill with amendments.
On motion of Senator GIESE, 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.
S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.
The House returned the Bill with amendments.
On motion of Senator COURSON, 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 resumed consideration of S. 3.
With Senator RANKIN retaining the floor, Senator ELLIOTT asked unanimous consent to make a motion to carry over the Bill, S. 3, for no more than two hours.
Senator FORD objected.
Senator RANKIN spoke on the Bill.
H. 4887 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME ROAD S-17-316 IN DILLON COUNTY COMMONLY KNOWN AS WILLAMETTE ROAD, BETWEEN SOUTH CAROLINA HIGHWAY 34 AND ROAD S-17-23 "A. W. 'RED' BETHEA ROAD" AND PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THIS DESIGNATION.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4867 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY
Senator REESE asked unanimous consent to make a motion to recall the Bill from the House.
There was no objection.
The Bill was returned from the House, as requested.
Having voted on the prevailing side, Senator REESE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
Senators REESE and THOMAS proposed the following amendment (3735R011.GGR), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting the following: /
SECTION 2. The 1976 Code is amended by adding:
"Section 40-43-185. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:
(1) the person is registered with the Department of Insurance for this express purpose;
(2) the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;
(3) documentation is provided to the Department of Insurance that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and
(4) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.
(B) A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance
(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.
(D) This section does not apply to:
(1) a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;
(2) eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;
(3) an insured benefit administered by a health insurer, health care service contractor, or health maintenance organization; or
(4) an insured benefit administered by, or under contract with, the State of South Carolina.
(E) For purposes of this section, 'person' means an individual, corporation, partnership, or any other business entity including, but not limited to, a health maintenance organization, an insurance company, or a third party payor."
SECTION 3. Section 1 takes effect January 1, 2001, and Section 2 takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3403.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 34-31-20(B) of the 1976 Code is amended to read:
"(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen twelve percent per annum a year."
SECTION 2. This act takes effect January 1, 2001, and applies with respect to interest calculated pursuant to Section 34-31-20(B) of the 1976 Code that first attaches on or after that date.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
Senators HUTTO and HOLLAND proposed the following amendment (JUD3403.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 34-31-20(B) of the 1976 Code is amended to read:
"(B) All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be is at the rate of fourteen twelve percent per annum a year."
SECTION 2. The 1976 Code is amended by adding:
"Section 38-77-144. There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of this State. Any reference to personal injury protection in Titles 38 or 56 or elsewhere is deleted. If an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned or subrogated and is not subject to a setoff."
SECTION 3. The provisions of this act are declared by the General Assembly to be nonseverable, and if any portion of this act is declared by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable, or unlawful, the remaining provisions are declared to be null and void.
SECTION 4. This act takes effect January 1, 2001, and applies with respect to interest calculated pursuant to causes of action arising or accruing on or after that date. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
On motion of Senator SHORT, pursuant to the provisions of Rule 26D, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator SHORT, with unanimous consent, H. 3403 was ordered to receive a third reading on Wednesday, May 31, 2000.
S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY
The House returned the Bill with amendments.
On motion of Senator GIESE, 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 resumed consideration of S. 3.
Pending the imminent arrival of Senator PASSAILAIGUE, on motion of Senator MOORE, with unanimous consent, the Bill, S. 3, was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator DRUMMOND asked unanimous consent to make the Bill a Special Order.
Senator PEELER objected.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Elliott Giese Glover Gregory Hayes Holland Jackson Leventis Martin Matthews McConnell Moore O'Dell Patterson Rankin Ravenel Richardson Russell Saleeby Setzler Short Thomas Waldrep Washington Wilson
Bauer Branton Fair Ford Grooms Hutto Land McGill Mescher Peeler Reese Ryberg Smith, J. Verne
The Bill was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (GGS\22676CM00) proposed by Senator PASSAILAIGUE and previously printed in the Journal of May 25, 2000.
On motion of Senator MOORE, the Bill was carried over.
Senator LAND, with unanimous consent, was recognized to make a report to the members of the Senate regarding the work of the Committee of Conference on H. 4775, the General Appropriation Bill.
Senator SETZLER spoke on the work of the Committee of Conference.
On motion of Senator DRUMMOND, debate was interrupted on S. 3, with Senator RANKIN retaining the floor.
At 1:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:30 P.M.
The Senate reassembled at 3:33 P.M., and was called to order by the PRESIDENT.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
On motion of Senator MOORE, with unanimous consent, the Bill was taken up for immediate consideration.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Wednesday, April 19, 2000.
On motion of Senator MOORE, with unanimous consent, Senators MOORE, HUTTO and MARTIN were granted leave to attend a meeting and were to be counted in any quorum calls.
At 3:35 P.M., Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Leventis Martin Matthews McConnell McGill
Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator PASSAILAIGUE spoke on the Bill, S. 3.
On motion of Senator RANKIN, with unanimous consent, Amendment No. 8 was withdrawn.
Senator RANKIN asked unanimous consent to make a motion to take up Amendment No. 10 for immediate consideration.
There was no objection.
Senator RANKIN proposed the following Amendment No. 10 (JUD0003.016):
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of this State, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act, except as otherwise provided herein. This act prohibits gambling activities on so-called "cruises to nowhere" except on passenger cruise liners as provided herein.
SECTION 2. Chapter 19 of Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1) 'Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) 'Intervening Stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters on a voyage or segment of a voyage, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, each of the following occurs:
(a) a person repairs or uses any gambling device aboard the vessel; and
(b) the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for at least six hours so as to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B) Except as provided in Sections 4 and 5, it is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(1) the voyage or segment begins and ends in this State; and
(2) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(C) The following voyages and segments are lawful if the voyage or segment includes or consists of a segment:
(1) that begins and ends in this State; and
(2) that is part of a voyage to another state or possession of the United States or to a foreign country or is a voyage by a passenger cruise liner as defined herein."
SECTION 3. A violation of 16-19-170 is not a criminal offense, but is a violation for which a civil penalty of not less than five thousand dollars but not more than twenty-five thousand dollars for each violation, may be imposed by the Department of Revenue.
SECTION 4. This act must not be construed to prohibit a passenger cruise liner which:
(1) has a size and weight which prohibits inland docking along inlets and sounds of the intercoastal waterway;
(2) provides separate passenger cabins, including bathroom or head facilities, in a size reasonably suitable to accommodate living and sleeping space in a ratio of at least one cabin for every four passengers;
(3) contains kitchen or galley facilities and dining facilities reasonably suitable to offer and accommodate all the vessel's passengers at seated meals in no more than two sittings for each of the meals at breakfast, lunch, and dinner times;
(4) offers other support facilities and services including, but not limited to, health spa, hair salon, gift shops, medical attention, and supervised recreation and activity programs; and
(5) is actively engaged in traveling and transporting passengers to and from ports of call within or outside the United States or to another country.
SECTION 5. (A) Notwithstanding the provisions of Section 16-19-170: (1) the governing body of a coastal county by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the unincorporated area of the county; and (2) the governing body of a municipality by ordinance may suspend the application of the gambling prohibitions provided for in Section 16-19-170 for the municipality.
(B) Except as provided in subsection (C), the county election commission or the municipal election commission, as appropriate, must place the question contained in this subsection on the general election ballot in November 2000 in a coastal county in which the county governing body or the municipal governing body, as appropriate, has suspended application of the gambling prohibition provided for in Section 16-19-170 by ordinance within ninety days before the 2000 general election. The state election laws apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. If the result of a referendum is in favor of reinstating the gambling prohibition within the county or municipality, Section 16-19-170 applies in that county or municipality after the result of the referendum is certified to the Secretary of State.
The question put before the voters shall read:
"Shall the prohibition against gambling, however described, on a vessel that embarks and disembarks within South Carolina be reinstated in __________municipality/county?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(C) In lieu of the referendum held at the time of the general election, but otherwise subject to the requirements of subsection (B), a referendum may be held at a date to be determined by the local governing body.
(D) For purposes of this section, a 'coastal county' means Beaufort, Berkeley, Charleston, Colleton, Horry, Jasper, or Georgetown county.
SECTION 6. Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This act does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).
SECTION 7. Effective November 15, 2000, nothing in this act prohibits or otherwise limits a county or city, by ordinance, from setting vessel weight restrictions and docking restrictions as long as these restrictions are reasonably and rationally related to public safety, navigation safety, depth of water, the preservation of historical areas, or general planning considerations pursuant to Chapter 7 of Title 6.
SECTION 8. The operator of a gambling boat vessel, except a passenger cruise liner as defined herein, the operation of which would be unlawful in this State except for the exclusions provided in 15 U.S.C. 1175, and as otherwise provided in this act, shall comply with all of the following:
(1) the applicable provisions of Chapter 8 of Title 12;
(2) the Safety of Life at Sea (SOLAS) standards and requirements normally applicable in international waters; and
(3) the passengers must be at least twenty-one years of age.
SECTION 9. A person engaged in the business of operating gambling boat voyages must pay a tax on the business at the rate of six dollars per passenger who embarks on a gambling boat voyage in this State. Within the first ten days of each month, the taxpayer must report to the Department of Revenue the number of passengers who embarked on the taxpayer's gambling boat voyages during the previous month and must pay the tax at the time the report is due. Twenty-five percent of any tax collected pursuant to this section must be paid to the General Fund of the State. The remaining seventy-five percent must be paid to and shared equally by the county or municipality where the voyage originated.
SECTION 10. It is the intent of the General Assembly that no provision of this act would have passed without each and every other provision of the act. Should a court find any provision of this act to be unconstitutional, contrary to federal law, or otherwise invalid, all provisions of this act shall be repealed on the earlier of the following two dates:
(1) the date in which the time for all appeals has been exhausted; or
(2) the date a final decision has been rendered by the highest appellate court to which the decision my be appealed.
It is the intent of the General Assembly that while an appeal is pending from determination of unconstitutionality or invalidity under this section, the provisions of this act shall be unenforceable until or unless the decision of the lower court is reversed on appeal and all provisions of this act are determined to be consistent with federal law or are otherwise constitutional and valid.
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator FORD spoke on the amendment.
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Senator GIESE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
Senators GIESE and MOORE proposed the following amendment (575R006.TLM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/ SECTION 1. Section 12-36-2120(28) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(28)(a) medicine and prosthetic devices sold by prescription, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;
(b) hypodermic needles, insulin, alcohol swabs, blood sugar testing strips, monolet lancets, dextrometer supplies, blood glucose meters, and other similar diabetic supplies sold to diabetics under the authorization and direction of a physician;
(c) disposable medical supplies such as bags, tubing, needles, and syringes, which are dispensed by a licensed pharmacist in accordance with an individual prescription written for the use of a human being by a licensed health care provider, which are used for the intravenous administration of a prescription drug or medicine, and which come into direct contact with the prescription drug or medicine. This exemption applies only to supplies used in the treatment of a patient outside of a hospital, skilled nursing facility, or ambulatory surgical treatment center;
(cd) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and
(de) dental prosthetic devices;"
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GIESE explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 3 (SKB\18487SOM00), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION __. Section 4-37-30(A) of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"(A) Subject to the requirements of this section, the governing body of a county may impose by ordinance impose a one percent sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, mass transit systems, greenbelts, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for each project whichever is shorter in length, for which the tax may be imposed;
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, A referendum for this purpose must be held at the time of
(3) A separate question must be included on the referendum ballot for each purpose which purpose may, as determined by the governing body of a county, be set forth as a single question relating to several of the projects, and the question must read substantially as follows:
'I approve a special one percent sales and use tax in the amount of (fractional amount of one percent) (one percent) to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for __________ $ __________
No ___
Project (2), etc.'
In addition, the referendum, shall as determined by the governing body of a county, may contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $_____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
No ___'
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall include by definition include more than one item as defined in (a)(i) and (a)(ii) to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds must first must be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in
(10) Taxpayers required to remit taxes under pursuant to Article 13, Chapter 36 of Title 12 must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report separately in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under pursuant to this section in a county, either under pursuant to the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are billed regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under pursuant to this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with him
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue may promulgate regulations necessary to implement this section."
SECTION __. Section 4-37-40 of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"Section 4-37-40. (A) In a county in which an ordinance is received by the county election commission pursuant to Section 4-37-30(A), if the county has previously imposed a local option sales and use tax pursuant to Chapter 10 of Title 4, the county election commission shall conduct a referendum at the same time as the referendum provided in Section 4-37-30(A) on the question of whether the local option sales and use tax imposed under Chapter 10 of Title 4 shall continue to be imposed. The question must read substantially as follows:
"Must a one percent sales and use tax continue to be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?
No [ ]
(B) All qualified electors desiring to vote in favor of continuing the tax shall vote "yes" and all qualified electors opposed to continuing the tax shall vote "no". If a majority of the votes cast are in favor of continuing the tax, then the tax shall continue to be imposed as provided in Chapter 10 of Title 4; otherwise, the tax shall not continue
(C) The provisions of this section are independent of the referendum provided for in Chapter 10 of Title 4.
(D) Two weeks before the referendum, the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the credit against property taxes in the most recent fiscal year. The notice must show the credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility.
(E) Except as otherwise provided herein, the provisions applicable to conducting and certifying the referendum provided in Section 4-37-30(A) shall also apply to the referendum provided in this section.
At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter, Article 3, Chapter 10 of this Title, or pursuant to any local legislation enacted by the General Assembly."
SECTION __. Section 58-25-35 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:
"Section 58-25-35. The members of a regional transportation authority created under authority of this chapter must be the municipalities within the service area as defined by this chapter and the counties within the unincorporated areas or of the service area of the authority."
SECTION __. Section 58-25-40 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:
"Section 58-25-40. The authority's board members, officers, and staff must be as follows:
(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the municipalities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these
There must be at least five board members. The membership of the governing board must be apportioned among the member municipalities and counties proportionate to population within the authority's service area.
As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members, including the resident senator, provided, however, if there is no resident senator, then a majority of the Senate delegation representing the county. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member municipality population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation. Members shall adopt and abide by rules governing meeting attendance.
(2) No county or municipality may be a member in more than one authority except that a metropolitan government may be a member of more than one authority when the services provided by the authorities are different.
(3) Subsequent to the activation of the authority, contiguous counties or municipalities not participating initially may become members of the authority with the same benefits as the initial members pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority. If the
(4) The board of the authority shall elect one of its members as chairman, one as vice-chairman, and other officers as may be necessary, to serve for one year in that capacity or until their successors are elected and qualify. A majority of the board constitutes a quorum. A vacancy on the board does not impair the right of the authority to exercise all of its rights and perform all of its duties. Upon the effective date of his appointment, or as soon after appointment as practicable, each board member shall enter upon his duties.
(5) A board member of the authority may be removed from office by the governing body which appointed him for misconduct, malfeasance, or neglect of duty in office. Any vacancy so created must be filled as provided above.
(6) The authority may employ an executive director, who may serve as secretary or treasurer, to serve at the pleasure of the authority. The executive director may employ any employees as may be necessary for the proper administration of the duties and functions of the authority and may determine the qualifications of the persons. The authority shall adopt compensation plans for employees." /
Amend the bill further, as and if amended, by striking the title in its entirety and inserting:
/ TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE MEANING OF 'GROSS PROCEEDS OF SALES' FOR SALES TAX PURPOSES, SO AS TO PROVIDE THE TERM DOES NOT INCLUDE CERTAIN FEES IMPOSED BY A RETAILER ON CUSTOMERS MAKING LATE PAYMENTS; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE COUNTY TAX,
Renumber sections to conform.
Senator PASSAILAIGUE explained the amendment.
Senator GIESE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE and McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 3 was ruled out of order.
Senator PASSAILAIGUE spoke on the Bill.
On motion of Senator SETZLER, with unanimous consent, Senators LAND, MOORE and SETZLER were granted leave to attend a meeting of the Committee of Conference on H. 4775, the General Appropriation Bill.
Senator PASSAILAIGUE spoke on the Bill.
With Senator PASSAILAIGUE retaining the floor, Senator DRUMMOND asked unanimous consent to carry over the Bill, further amendments pending.
The Bill was carried over with further amendments pending, with Senator PASSAILAIGUE retaining the floor.
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (3420R017.CBH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Chapter 73 of Title 15 of the 1976 Code is amended by adding:
"Section 15-73-40. (A) In a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.
(B) In a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other elements required to be proved that:
(1) the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and
(2) any defective design was the proximate cause of the injury, damage, or death."
SECTION 2. This act takes effect upon approval by the Governor and applies prospectively to all actions which arise or accrue on or after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
On motion of Senator MARTIN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Senator PEELER asked unanimous consent to take the Concurrent Resolution up for immediate consideration and to amend the Resolution by attaching H. 5045.
Senator DRUMMOND objected.
Debate was interrupted on S. 3, with Senator FORD retaining the floor.
Having received a favorable report from the Berkeley County Delegation, by prior motion of Senator BRANTON, the following appointment was confirmed in open session:
Initial Appointment, Berkeley County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Paula F. Lewis, 102 Hedge Row, Goose Creek, S.C. 29445 VICE Karen D. Hightower
Having received a favorable report from the Dorchester County Delegation, by prior motion of Senator BRANTON, the following appointment was confirmed in open session:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jesse C. Dove, 8757 East-Fairway Woods Circle, North Charleston, S.C. 29420 VICE Rodney W. Profit
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Richard Marvin Garrett of Easley, S.C.
At 4:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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