South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Printed Page 1042 . . . . . Wednesday, March 28, 2001

Wednesday, March 28, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, continuing the wisdom found in Ecclesiastes, Chapter 7:13ff (The Living Bible, paraphrased):

"See the way God does things and fall into line. Don't fight the facts of nature. Enjoy prosperity whenever you can... Tackle every task that comes along, and if you fear God, you can expect His blessing."
Let us pray.

Our Father in Heaven, we pray for those closeted in committee meetings and consultations. Inspire them there, as You do for us here, by Your Most Holy Spirit!

We know full well that we make decisions beneath our Dome, the consequences of which we may never know.

But, we fear and love You... and expect Your blessing upon our actions.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointment

Reappointment, South Carolina Mental Health Commission, with term to commence March 21, 2001, and to expire March 21, 2006

3rd Congressional District

George C. Wilson, P.O. Box 157, Donalds, S.C. 29638

Referred to the Committee on Medical Affairs.

Local Appointment

Reappointment, Myrtle Beach Air Force Base Redevelopment

Printed Page 1043 . . . . . Wednesday, March 28, 2001
Authority, with term to commence June 30, 2000, and to expire June 30, 2004

At-Large

Harold C. Stowe, Canal Industries, Inc., P. O. Box 260001, Conway, S.C. 29526

Message from the House

Columbia, S.C., March 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3053 (Word version) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE STATE RETIREMENT ACCOUNT OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES, RETIREMENT ALLOWANCES AND CONTRIBUTIONS ARE SUBJECT TO

Printed Page 1044 . . . . . Wednesday, March 28, 2001
THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO, AND TO PROVIDE THAT MONIES DERIVED FROM A PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY ARE NOT SUBJECT TO SECTION 8-1-115; TO AMEND SECTION 9-8-190, SECTION 9-9-180, AND SECTION 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; AND TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 27, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Printed Page 1045 . . . . . Wednesday, March 28, 2001
Very respectfully,
Speaker of the House

Received as information.

Motion Adopted

On motion of Senator J. VERNE SMITH, with unanimous consent, Senators LEATHERMAN, SETZLER, THOMAS, MATTHEWS and HAYES were granted leave to attend a subcommittee meeting, be counted in any quorum calls, be notified of any roll call votes and be granted leave to vote from the balcony.

Motion Adopted

On motion of Senator J. VERNE SMITH, with unanimous consent, Senators ALEXANDER, REESE, PATTERSON and O'DELL were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be notified of any roll call votes.

Doctor of the Day

Senator McCONNELL introduced Dr. Richard M. Kline of Charleston, S.C., Doctor of the Day.

S. 297 -- CO-SPONSORS ADDED

S. 297 (Word version) -- Senators Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin and Ryberg: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA

Printed Page 1046 . . . . . Wednesday, March 28, 2001
FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

On motion of Senator DRUMMOND, with unanimous consent, the names of Senators MOORE, RANKIN, JACKSON, GLOVER, PATTERSON, HUTTO, MATTHEWS, PINCKNEY, SETZLER, HOLLAND and SHORT were added as co-sponsors of S. 297.

On motion of Senator DRUMMOND, with unanimous consent, the name of Senator MOORE was to be listed as the primary sponsor of S. 297.

RECALLED

H. 3625 (Word version) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Printed Page 1047 . . . . . Wednesday, March 28, 2001

Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the Committee on Education, ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
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Read the first time and referred to the Committee on Transportation.

S. 505 (Word version) -- Senator Moore: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF JOHNSTON EDGEFIELD TRENTON "JET" MIDDLE SCHOOL, IN EDGEFIELD COUNTY, UPON RECEIVING THE 2000-2001 CAROLINA FIRST PALMETTO'S FINEST AWARD.
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The Senate Resolution was adopted.

S. 506 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. GEORGE LUTHER "G. P." PRICE OF AIKEN, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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Printed Page 1048 . . . . . Wednesday, March 28, 2001

The Senate Resolution was adopted.

S. 507 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-46 SO AS TO PROVIDE THAT A FOSTER PARENT MAY TEACH A FOSTER CHILD AT HOME AS PROVIDED BY LAW IF, IN ADDITION TO ANY OTHER REQUIREMENTS, HOME SCHOOLING OF THE CHILD HAS BEEN APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES OR OTHER AGENCY HAVING CUSTODY OF THE CHILD.
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Read the first time and referred to the Committee on Education.

S. 508 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT ALL STATE AGENCIES AND AGENCIES OF THE POLITICAL SUBDIVISIONS OF THE STATE THAT PURCHASE OR USE FERTILIZERS ON GROUNDS LEASED, OWNED, OR MAINTAINED BY THE AGENCY MUST USE AN ORGANIC COMPOST OR FERTILIZERS MADE AND SOLD IN THIS STATE FROM ANIMAL WASTE OTHER THAN HUMAN WASTE THAT IS GENERATED, PREPARED, PACKAGED, AND SOLD IN THIS STATE.
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Read the first time and referred to the Committee on Finance.

S. 509 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.
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Read the first time and referred to the Committee on Finance.

S. 510 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 1049 . . . . . Wednesday, March 28, 2001
RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.
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Read the first time and referred to the General Committee.

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.
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Read the first time and referred to the General Committee.

S. 512 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 29, 2001, AND FRIDAY, NOVEMBER 30, 2001, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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Printed Page 1050 . . . . . Wednesday, March 28, 2001

The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 512--Recalled and Adopted

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

The Senate Resolution was recalled from the Committee on Invitations.

Senator J. VERNE SMITH asked unanimous consent to take the Senate Resolution up for immediate consideration.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate Resolution was adopted.

There was no objection.

S. 513 (Word version) -- Senators Richardson, Ford and Mescher: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO REQUIRE THAT POLITICAL PARTIES MUST COMPLY WITH THE CERTIFICATION PROVISIONS SET FORTH IN SECTIONS 7-13-40 AND 7-13-350.
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Read the first time and referred to the Committee on Judiciary.

S. 514 (Word version) -- Senators Wilson, Bauer, Ryberg and Setzler: A SENATE RESOLUTION TO EXTEND THE SUPPORT OF THE SENATE TO DONNIE MYERS, SOLICITOR FOR THE ELEVENTH JUDICIAL CIRCUIT, AND THANK HIM FOR HIS SERVICE TO THE CRIME VICTIMS OF THIS STATE.
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The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 515 (Word version) -- Senators Jackson, Matthews, Patterson, Anderson, Pinckney, Glover and Ford: A CONCURRENT RESOLUTION TO ENDORSE THE CONCEPT AND ENCOURAGE THE CREATION

Printed Page 1051 . . . . . Wednesday, March 28, 2001
OF A NATIONAL BLACK HISTORY MUSEUM IN CHARLESTON FOCUSING ON TELLING THE DISQUIETING BUT INSTRUCTIVE STORY OF THE PASSAGE OF THE AFRICAN PEOPLE INTO AMERICA THROUGH CHARLESTON AND FROM SLAVERY TO FREEDOM.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 516 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-132 SO AS TO PROVIDE THAT, BEFORE A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED MAY HAVE HIS DRIVER'S LICENSE REINSTATED, HE MUST COMPLETE BOTH THE WRITTEN AND DRIVING PORTIONS OF THE DEPARTMENT OF PUBLIC SAFETY'S DRIVER'S LICENSE EXAMINATION.
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Read the first time and referred to the Committee on Transportation.

S. 517 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 56-5-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO ALLOW THE DRIVER TO DISREGARD SPECIFIED TRAFFIC REGULATIONS UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Transportation.

S. 518 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY,   MAY 30, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004.
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Printed Page 1052 . . . . . Wednesday, March 28, 2001

The Concurrent Resolution was introduced and, on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.

S. 519 (Word version) -- Senator Pinckney: A BILL TO ENACT THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN JASPER COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 520 (Word version) -- Senator Patterson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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Read the first time and, on motion of Senator PATTERSON, with unanimous consent, referred to the Richland County Delegation.

S. 521 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY NOT ISSUE TO A PERSON HIS INITIAL MOTOR VEHICLE DRIVER'S LICENSE UNLESS HE HAS SUCCESSFULLY COMPLETED A DRIVER'S EDUCATION COURSE.
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Read the first time and referred to the Committee on Transportation.

S. 522 (Word version) -- Senators Wilson and Ryberg: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT

Printed Page 1053 . . . . . Wednesday, March 28, 2001
OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001, IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.
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The Joint Resolution was read the first time and, on motion of Senator WILSON, with unanimous consent, ordered placed on the Calendar without reference.

Senator WILSON spoke on the Resolution.

S. 522 -- Ordered to a Second and Third Reading

On motion of Senator WILSON, with unanimous consent, S. 522 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

Read the first time and referred to the Committee on Banking and Insurance.

Printed Page 1054 . . . . . Wednesday, March 28, 2001

H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.

Read the first time and referred to the Committee on Judiciary.

H. 3792 (Word version) -- Reps. Rice and Simrill: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001 IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.

Read the first time and referred to the Committee on Transportation.

REPORTS OF STANDING COMMITTEES

Senator ELLIOTT from the Committee on Judiciary submitted a favorable report on:

S. 63 (Word version) -- Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a majority favorable with amendment and Senator MOORE a minority unfavorable report on:

S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF

Printed Page 1055 . . . . . Wednesday, March 28, 2001
SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a majority favorable with amendment and Senator PINCKNEY a minority unfavorable report on:

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese and Branton: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE

Printed Page 1056 . . . . . Wednesday, March 28, 2001
MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 154 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2001", TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, CAPITAL GAINS, DIVIDEND BONUSES, AND COMMISSIONS OF THE DEBTOR; TO AMEND SECTION 15-39-410, RELATING TO PROPERTY ORDERED FOR APPLICATION TO EXECUTION, SO AS TO DELETE THE EXCEPTION FOR EARNINGS FOR PERSONAL SERVICES; AND TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

S. 253 (Word version) -- Senators Alexander, Branton and Waldrep: A BILL TO AMEND SECTION 16-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME OFFENSES AND PENALTIES, SO AS TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME FROM IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS TO IN EXCESS OF FIVE THOUSAND DOLLARS IN ORDER FOR THE CRIME TO BE IN THE FIRST

Printed Page 1057 . . . . . Wednesday, March 28, 2001
DEGREE, AND TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME BELOW WHICH THE OFFENSE IS COMPUTER CRIME IN THE SECOND DEGREE FROM NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS TO NOT MORE THAN FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Judiciary submitted a favorable with amendment report on:

S. 301 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 17-5-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 17-5-260, 17-5-265, 17-5-275, AND 17-5-300, ALL AS AMENDED, ALL RELATING TO THE DUTIES AND AUTHORITY OF THE OFFICE OF COUNTY MEDICAL EXAMINER, SO AS TO ADD THAT THE CORONER OR HIS DESIGNEE IN THE COUNTY IS ALSO AUTHORIZED TO PERFORM CERTAIN DUTIES AND REQUIRED TO MAKE CERTAIN NOTIFICATIONS IN THE SAME MANNER AS THE COUNTY MEDICAL EXAMINER.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

S. 329 (Word version) -- Senators Leatherman, Alexander, Branton, Courson, Elliott, Ford, Gregory, Grooms, Hawkins, Hayes, Holland, Jackson, Land, Leventis, Matthews, McGill, Mescher, O'Dell, Patterson, Pinckney, Ravenel, Reese, Short, Verdin and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37, RELATING TO CONSUMER PROTECTION, SO AS TO PROVIDE CERTAIN CONDUCT IN

Printed Page 1058 . . . . . Wednesday, March 28, 2001
THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 344 (Word version) -- Senators Wilson, Giese, Peeler, Grooms, Bauer and Leatherman: 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 87 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

Ordered for consideration tomorrow.

Senator PINCKNEY from the Committee on Judiciary submitted a favorable report on:

S. 441 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER MAY BE APPOINTED FOR EVERY TWO REGULAR POLL MANAGERS APPOINTED TO WORK IN A PRECINCT.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

Ordered for consideration tomorrow and, on motion of Senator MESCHER, placed on the Local Calendar.

Printed Page 1059 . . . . . Wednesday, March 28, 2001

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 462 (Word version) -- Senators Fair, Leatherman, Wilson, Grooms, Verdin, Ritchie, Ravenel, Bauer, Waldrep, Hayes, Ryberg, Peeler, Giese, Martin, Branton, Thomas, Hawkins, Alexander and Courson: 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 89 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "CHOOSE LIFE" SPECIAL LICENSE PLATES AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING CRISIS PREGNANCY SERVICES.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

H. 3085 (Word version) -- Reps. Meacham-Richardson, Altman, Simrill, G.M. Smith, Whatley and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3795 favorable:

H. 3795 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "GEORGETOWN COUNTY PRIDE MONTH" IN ORDER TO COMMEMORATE THE HISTORY, ACHIEVEMENTS, ATTRACTIONS, AND SUCCESS OF GEORGETOWN COUNTY, AND TO RECOGNIZE THE HARD WORK OF THE PEOPLE OF GEORGETOWN COUNTY IN MAKING GEORGETOWN COUNTY A SOURCE OF PRIDE TO ITS PEOPLE AND TO ALL OF SOUTH CAROLINA.

Printed Page 1060 . . . . . Wednesday, March 28, 2001

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

H. 3795 -- Adopted, Returned to the House

H. 3795 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "GEORGETOWN COUNTY PRIDE MONTH" IN ORDER TO COMMEMORATE THE HISTORY, ACHIEVEMENTS, ATTRACTIONS, AND SUCCESS OF GEORGETOWN COUNTY, AND TO RECOGNIZE THE HARD WORK OF THE PEOPLE OF GEORGETOWN COUNTY IN MAKING GEORGETOWN COUNTY A SOURCE OF PRIDE TO ITS PEOPLE AND TO ALL OF SOUTH CAROLINA.

Senator McGILL asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

On motion of Senator McGILL, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE

Printed Page 1061 . . . . . Wednesday, March 28, 2001
STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

The House returned the Bill with amendments.

Senator McCONNELL explained the House amendment.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3098 (Word version) -- Reps. McGee, Altman, Meacham-Richardson, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

Printed Page 1062 . . . . . Wednesday, March 28, 2001

S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.

S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.

S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING,

Printed Page 1063 . . . . . Wednesday, March 28, 2001
CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

S. 356 (Word version) -- Senators McGill, Ravenel and Land: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.

SECOND READING BILLS

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:

S. 502 (Word version) -- Senator McGill: A BILL TO REPEAL ACT 191 OF 1971, RELATING TO THE CREATION OF THE WILLIAMSBURG COUNTY RECREATION COMMISSION DISTRICT AND TRANSFER ALL OF ITS POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES TO THE GOVERNING BODY OF WILLIAMSBURG COUNTY.

By prior motion of Senator McGILL

S. 405 (Word version) -- Senators Ryberg, Martin, Short, Branton, Ford, Verdin, Thomas, Patterson, Jackson, Pinckney, Anderson, Glover, Gregory, Matthews, Hutto, Holland, Waldrep, Saleeby and Alexander: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

Printed Page 1064 . . . . . Wednesday, March 28, 2001

H. 3451 (Word version) -- Reps. Robinson, Harvin, McCraw, Quinn, Cooper, Keegan, Carnell, Kirsh, Clyburn, Jennings, Koon, Cobb-Hunter, Rice, Riser, A. Young, Allison, Littlejohn, Kennedy, Limehouse, J.R. Smith, Tripp and Leach: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 318 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 50-13-237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (318R001.CKG), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 32 and inserting:

/     June 30, 2006."       /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Printed Page 1065 . . . . . Wednesday, March 28, 2001

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (3237R001.CKG), which was adopted:

Amend the bill, as and if amended, page 1, line 41, by inserting after the word / Lumber, / the following:

/     Santee     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

ADOPTED

S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 18, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE

Printed Page 1066 . . . . . Wednesday, March 28, 2001
MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.

The Concurrent Resolution was adopted, ordered sent to the House.

COMMITTEE AMENDMENT ADOPTED
RESOLUTION ADOPTED, SENT TO THE HOUSE

S. 404 (Word version) -- Senators McConnell, Ravenel, Ford, Passailaigue, Branton and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-526 BRIDGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "ROBERT W. HARRELL, SR. BRIDGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (GJK\20400SD01), which was adopted:

Amend the resolution, as and if amended, by inserting after / bridge / on line 37, page 1, / and interchange /

Amend further, as and if amended, by striking all after the resolving words and inserting:

/ That the members of the South Carolina General Assembly, by this resolution, hereby request that the Department of Transportation name the I-526 bridge and interchange that spans U.S. Highway 17 and U.S. Highway 7 in Charleston County as the "Bob Harrell Bridge and Interchange" in honor of this distinguished South Carolinian and install appropriate markers or signs at this bridge as the Department of Transportation considers appropriate.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation. /

Renumber sections to conform.

Amend title to read:

/ TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN. /

Printed Page 1067 . . . . . Wednesday, March 28, 2001

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.

S. 404 -- Co-Sponsors Added

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 404.

On motion of Senator BRANTON, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 404.

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

S. 13 (Word version) -- Senators Passailaigue, Ford, Reese and Branton: A BILL TO AMEND SECTION 59-113-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AN INDEPENDENT INSTITUTION OF HIGHER LEARNING, SO AS TO REVISE THIS DEFINITION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (GJK\20280SD01), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 59-113-50 of the 1976 Code, as last amended by Act 464 of 1988, is further amended to read:

"Section 59-113-50.   For the purposes of this chapter, an independent institution of higher learning means any independent eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools, or an independent bachelor's level institution which has attained 501(c)(3) tax status, was licensed to operate in South Carolina prior to 1984, and is accredited by the New England Association of Colleges and Schools."
SECTION   2.   Section 59-149-10(B) of the 1976 Code, as added by Act 418 of 1998, is amended to read:

Printed Page 1068 . . . . . Wednesday, March 28, 2001

"(B)   For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a LIFE Scholarship includes the following:

(1)   a South Carolina public institution defined in Section 59-103-5 and an independent institution as defined in Section 59-113-50.;

(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter."
SECTION   3.   Section 12-6-3385(B)(2) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"(2)   A 'designated institution' means a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'institution of higher learning' or 'designated institution' as defined in this section."
SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator PEELER, with unanimous consent, the Concurrent Resolution was carried over, as amended.

Printed Page 1069 . . . . . Wednesday, March 28, 2001

AMENDMENT PROPOSED, CARRIED OVER

S. 35 (Word version) -- Senators Elliott, Ford and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator SHORT proposed the following amendment (GGS\22934CM01):

Amend the committee amendment, as and if amended, by striking Section 12-37-2740(B) as contained in SECTION 1, and inserting:

/   (B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension will not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:

(1)   For a first offense under this section, the penalty shall be a fine not to exceed fifty dollars.

(2)   For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.

Printed Page 1070 . . . . . Wednesday, March 28, 2001

(3)   For a third or subsequent offense under this section, the penalty shall not exceed the general criminal jurisdiction of a magistrate's court. /

Amend title to conform.

Senator SHORT explained the amendment.

On motion of Senator HAWKINS, with unanimous consent, the Bill was carried over.

There was no objection.

AMENDMENT PROPOSED, CARRIED OVER

S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO-AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator REESE proposed the following amendment (484R001.GGR):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:

/     SECTION   _____.     Section 9-9-60(2) of the 1976 Code is amended to read:

"(2)   Effective July 1, 1989 2001, a retired member shall receive a monthly retirement allowance which is equal to one-twelfth of four and

Printed Page 1071 . . . . . Wednesday, March 28, 2001
eighty-two five and eighty-nine hundredths percent of earnable compensation multiplied by the number of years of his the member's credited service prorated for periods less than a year."       /

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.

There was no objection.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 76 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY" AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

Printed Page 1072 . . . . . Wednesday, March 28, 2001

CARRIED OVER

S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE THIRD TIME, SENT TO THE HOUSE

S. 62 (Word version) -- Senators Mescher, Grooms, McGill and Branton: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator HUTTO spoke on the Bill.

Objection

Senator HUTTO asked unanimous consent to make a motion to carry over the Bill.

Senator MESCHER objected.

Senator HUTTO spoke on the Bill.

On motion of Senator BRANTON, with unanimous consent, Amendment No. P-1 was taken up for immediate consideration.

Printed Page 1073 . . . . . Wednesday, March 28, 2001

Amendment No. P-1

Senator RANKIN proposed the following Amendment No. P-1 (62R001.LAR), which was adopted:

Amend the Committee Report, as and if amended, by striking SECTION 2 in its entirety and inserting:

/     SECTION   2.   This act takes effect upon approval by the Governor, and applies to initial appointments made on or after the effective date.   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

RECESS

At 3:45 P.M., with Senator RANKIN retaining the floor, on motion of Senator HUTTO, the Senate receded from business not to exceed five minutes.

At 4:00 P.M., the Senate resumed.

Senator RANKIN spoke on the Bill.

Senator GROOMS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. P-2

Senators MATTHEWS and HUTTO proposed the following Amendment No. P-2 (62R002.JWM), which was withdrawn:

Amend the Committee Report, as and if amended, by striking SECTION 1 in its entirety and inserting:

/     SECTION   1.   Section 58-31-20 of the 1976 Code is amended to read:

"Section 58-31-20.   Such The Public Service Authority shall consist consists of a board of eleven twelve directors to be appointed by the Governor with the advice and consent of the Senate as follows: One one from each congressional district of the State; one from each of the counties of Horry, Berkeley, Orangeburg and Georgetown and two shall be from the State at large, one of whom shall be chairman and the other of whom shall have had experience with the operations of rural electric cooperatives. Each director shall serve for a term of seven years and until his successor is appointed and qualifies, except that the

Printed Page 1074 . . . . . Wednesday, March 28, 2001
present directors, including the chairman, shall serve until their terms of office expire and the directors first appointed from Horry, Berkeley and Georgetown Counties shall be appointed for terms of five, six and seven years respectively as determined by lot, such terms to commence May 19, 1974 except as provided in this section. At the expiration of the term of each director and of each succeeding director, the Governor shall must appoint with the advice and consent of the Senate a successor, who shall hold office for a term of seven years, or until his successor has been appointed and qualified. In the event of a vacancy occurring in the office of a director by death, resignation, or otherwise, the Governor shall must appoint his the director's successor, only with the advice and consent of the Senate, and he the successor-director shall hold office for the unexpired term. No director shall receive a salary for services as director until the authority is in funds, but each director shall must be paid his actual expense in the performance of his duties hereunder, the same to be advanced from the contingent fund of the Governor until such time as the Public Service Authority is in funds, at which time the contingent fund shall be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board shall be paid from such funds, and the same shall must be fixed by the advisory board hereinafter established. Members of the board of directors may be removed for cause by the advisory board or a majority thereof. No member of the General Assembly of the State of South Carolina shall be is eligible for appointment as director of the Public Service Authority during the term of his office. Not No more than two members from the same county shall serve as directors at any time.

For the assistance of the board of directors of said the Public Service Authority, there is hereby established an advisory board to be known as the advisory board of the South Carolina Public Service Authority, to be composed of the Governor of the State, the Attorney General, the State Treasurer, the Comptroller General, and the Secretary of State, as ex officio members, who shall must serve without extra compensation other than necessary traveling expenses. Said This advisory board shall must perform any duties imposed on them under this chapter, and shall must consult and advise with the board of directors on any and all matters which by the board of directors may be referred to the advisory board. The board of directors shall must make annual reports to the advisory board, which reports shall must be submitted to the General Assembly by the Governor, in which full information as to all of the acts of said the board of directors shall must be given, together with

Printed Page 1075 . . . . . Wednesday, March 28, 2001
financial statement and full information as to the work of the authority. The On July first of each year, the advisory board shall must on July first of each year, designate some reputable a certified public accountant or accountants, resident in the State, for the purpose of making a complete audit of the affairs of said the authority, which said audit shall must be filed with the annual report of the board of directors."   /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

On motion of Senator MATTHEWS, with unanimous consent, Amendment No. P-2 was withdrawn.

The Committee on Judiciary proposed the following amendment (JUD0062.002), 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 58-31-20 of the 1976 Code is amended to read:

"Section 58-31-20.   Such The Public Service Authority shall consist consists of a board of eleven directors to be appointed by the Governor with the advice and consent of the Senate as follows: One one from each congressional district of the State; one from each of the counties of Horry, Berkeley, and Georgetown who reside in Authority territory and are customers of the Authority; and two shall be from the State at large, one of whom shall be chairman and the other of whom shall have had experience with the operations of rural electric cooperatives. Each director shall serve for a term of seven years and until his successor is appointed and qualifies, except that the present directors, including the chairman, shall serve until their terms of office expire and the directors first appointed from Horry, Berkeley and Georgetown Counties shall be appointed for terms of five, six and seven years respectively as determined by lot, such terms to commence May 19, 1974 except as provided in this section. At the expiration of the term of each director and of each succeeding director, the Governor shall must appoint with the advice and consent of the Senate a successor, who shall hold office for a term of seven years, or until his successor has been appointed and qualified. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the Governor shall must appoint his

Printed Page 1076 . . . . . Wednesday, March 28, 2001
the director's successor, only with the advice and consent of the Senate, and he the successor-director shall hold office for the unexpired term. No director shall receive a salary for services as director until the Authority is in funds, but each director shall must be paid his actual expense in the performance of his duties hereunder, the same to be advanced from the contingent fund of the Governor until such time as the Public Service Authority is in funds, at which time the contingent fund shall be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board shall be paid from such funds, and the same shall must be fixed by the advisory board hereinafter established. Members of the board of directors may be removed for cause by the advisory board or a majority thereof. No member of the General Assembly of the State of South Carolina shall be is eligible for appointment as director of the Public Service Authority during the term of his office. Not No more than two members from the same county shall serve as directors at any time.

For the assistance of the board of directors of said the Public Service Authority, there is hereby established an advisory board to be known as the advisory board of the South Carolina Public Service Authority, to be composed of the Governor of the State, the Attorney General, the State Treasurer, the Comptroller General, and the Secretary of State, as ex officio members, who shall must serve without extra compensation other than necessary traveling expenses. Said This advisory board shall must perform any duties imposed on them under this chapter, and shall must consult and advise with the board of directors on any and all matters which by the board of directors may be referred to the advisory board. The board of directors shall must make annual reports to the advisory board, which reports shall must be submitted to the General Assembly by the Governor, in which full information as to all of the acts of said the board of directors shall must be given, together with financial statement and full information as to the work of the Authority. The On July first of each year, the advisory board shall must on July first of each year, designate some reputable a certified public accountant or accountants, resident in the State, for the purpose of making a complete audit of the affairs of said the Authority, which said audit shall must be filed with the annual report of the board of directors."

SECTION   2.   This act takes effect upon approval by the Governor, and applies to appointments and reappointments made on or after the effective date.     /

Renumber sections to conform.

Printed Page 1077 . . . . . Wednesday, March 28, 2001

Amend title to conform.

The committee amendment was adopted, as amended.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME WITH NOTICE
OF GENERAL AMENDMENTS

S. 35 (Word version) -- Senators Elliott, Ford and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.

On motion of Senator MARTIN, with unanimous consent, the Bill was taken up for immediate consideration.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-1 (GGS\22934CM01) proposed by Senator SHORT.

Senator MARTIN explained the amendment.

Printed Page 1078 . . . . . Wednesday, March 28, 2001

The amendment was adopted.

Amendment No. P-2

Senator GROOMS proposed the following   Amendment No. P-2 (GGS\22935CM01), which was tabled:

Amend the committee amendment, as and if amended, Section 12-37-2740, as contained in SECTION 1, by striking Section 12-37-2740 and inserting:

/   Section 12-37-2740.   (A)   The Department of Public Safety shall suspend the vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter shall be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county shall allow 30 days for the payment of taxes before the county notifies the department to suspend the person's vehicle registration.

(B)   A charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension will not require proof of financial responsibility. Upon conviction:

(1)   For a first offense under this section, the penalty shall be a fine not to exceed fifty dollars. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to a first offense of this section.

(2)   For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.

(3)   For a third or subsequent offense under this section, the penalty shall not exceed the general criminal jurisdiction of a magistrate's court.

(C)   Notwithstanding the provisions of subsections (A) and (B) of this section, a charge of driving with a suspended registration issued solely as a result of this section must be dismissed if the person provides proof on their court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.

Printed Page 1079 . . . . . Wednesday, March 28, 2001

(D)   Before the reinstatement of a vehicle registration suspended due to a violation of this section, a fee of thirty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the General Fund of the State at the end of each fiscal year. /

Amend title to conform.

Senator GROOMS explained the amendment.

Senator GROOMS moved that the amendment be adopted.

Senator ELLIOTT moved to lay the amendment on the table.

The amendment was laid on the table.

The Committee on Finance proposed the following amendment (GGS\22928CM01), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2740.   (A)   The Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter shall be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county shall allow 30 days for the payment of taxes before the county notifies the department to suspend the person's driver's license and vehicle registration.

(B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax

Printed Page 1080 . . . . . Wednesday, March 28, 2001
suspension will not require proof of financial responsibility. Upon conviction:

(1)   For a first offense under this section, the penalty shall be a fine not to exceed fifty dollars. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to a first offense of this section.

(2)   For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.

(3)   For a third or subsequent offense under this section, the penalty shall not exceed the general criminal jurisdiction of a magistrate's court.

(C)   Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on their court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.

(D)   Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of thirty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the General Fund of the State at the end of each fiscal year."

SECTION   2.   This act takes effect on October 1, 2001. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted, as amended.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

Senator RYBERG insisted on the Order of the Day.

Motion Adopted

Senator MARTIN moved under Rule 32 that the Senate revert to the Contested Statewide Third Reading Calendar.

Printed Page 1081 . . . . . Wednesday, March 28, 2001

By a division vote of 27-6, the motion was adopted.

THE SENATE REVERTED TO A CONSIDERATION OF THE CONTESTED STATEWIDE THIRD READING CALENDAR.

AMENDMENT PROPOSED, CARRIED OVER

S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator ELLIOTT spoke on the Bill.

Amendment No. 1

Senators ELLIOTT and WALDREP proposed the following Amendment No. 1 (SWB\5285DJC01):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

"SECTION   1.   The State of South Carolina by this act recognizes the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, and Chalokowas Indian People of the Chickasaw Nation as tribes of the State of South Carolina representing the Catawba Indian People, the Chicora-Waccamaw Indian People, the Pee Dee Indian People, the Piedmont Lower Cherokee Indian People, the Santee Indian People, the Beaver Creek Pee Dee Indian People, and the Chalokowas Chickasaw Indian People respectively, and confers upon these tribes such rights and privileges as are provided by law to Indian tribes of this State. Except as provided in this act, the organization and governing of these Indian tribes shall be as provided by tribal law or agreement.

The Indian Tribes recognized by this act, their members, lands, natural resources, or other property owned by the tribes or their members, are subject to the civil, criminal, and regulatory jurisdiction

Printed Page 1082 . . . . . Wednesday, March 28, 2001
and laws of the State, its agencies, and political subdivisions other than municipalities, and the civil and criminal jurisdiction of the courts of the State to the same extent as any other person, citizen, or land in the State.

Notwithstanding their recognition as Indian tribes of South Carolina or any other provision of law, the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, and Chalokowas Indian People of the Chickasaw Nation do not have the power or authority to take any action which would establish, advance, or promote any form of gambling in this State.

Nothing in this act recognizes, creates, extends or forms the basis of any right or claim to any interest in land or real estate in this State for the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, and Chalokowas Indian People of the Chickasaw Nation or for any other native American Indian tribe or nation in South Carolina."

SECTION   2.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Objection

Senator GROOMS asked unanimous consent to make a motion to amend Amendment No. 1 by adding "Edisto Indian people".

Senator RICHARDSON objected.

Senator ELLIOTT continued explaining the amendment.

Senator PATTERSON spoke on the Bill.

ACTING PRESIDENT PRESIDES

At 5:05 P.M., Senator MARTIN assumed the Chair.

Senator PATTERSON spoke on the Bill.

Printed Page 1083 . . . . . Wednesday, March 28, 2001

On motion of Senator MOORE, the Bill was carried over.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2000, and to expire June 30, 2004

At-Large

Harold C. Stowe, Canal Industries, Inc., P. O. Box 260001, Conway, S.C. 29526

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Jean Perry of Clemson, S.C., Principal of Ben Hagood Elementary School in Pickens County.

ADJOURNMENT

At 5:05 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:00 A.M.

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