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

Printed Page 1180 . . . . . Tuesday, April 3, 2001

Tuesday, April 3, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, Hear the Prophet Jeremiah speaking for God in his day, Chapter 5:1(NRSV):

"Run to and fro through the streets of Jerusalem, look around and take note!

Search its squares and see if you can find one person who acts justly and seeks truth... so that I may pardon Jerusalem."
Let us pray.

Our Father, we hear rumblings and see evidence that folks are positioning themselves already for the next election.

We thank You for the guidance and empowerment that You give to our leaders.

We pray, as President George Washington prayed, that You "will incline the hearts of our citizens to cultivate a spirit of subordination and obedience to government."

We pray for the times when true faith in God Almighty, trust, obedience and genuine love for our fellow man will be political assets.

In the Name of all that is Holy.
Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 27, 2001
Mr. President and Members of the Senate:

Please accept this letter as formal notice that the below listed nomination is hereby withdrawn. Ms. Brown has declined appointment at this time due to personal reasons. I will forward the name of a new

Printed Page 1181 . . . . . Tuesday, April 3, 2001
nominee as soon as possible. If you have any questions, please feel free to contact my office at 734-9405.

Respectfully,
James H. Hodges

Withdrawal of Statewide Appointment

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 1999, and to expire August 1, 2004
Court/Victim Assistant

Ms. Carla F. Brown, Director of Juvenile Court Alternative Programs, 1701 Main Street, Columbia, SC 29201 VICE Ethel D. Lowry

Appointment Withdrawn

On motion of Senator MARTIN, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2538
Agency: Department of Health and Environmental Control
Subject: X-Rays (Title B)
Received by Lieutenant Governor January 9, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2001
120 Day Period Tolled
Withdrawn and Resubmitted April 2, 2001

Leave of Absence

At 12:30 P.M., Senator PINCKNEY requested a leave of absence until April 10, 2001.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

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Status Report on S. 469

Senator LEATHERMAN, Chairman of the Finance Committee, was recognized to give a report regarding the status of S. 469, the Lottery Bill.

RECALLED AND ADOPTED

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.

Senator WILSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.

There was no objection.

The Resolution was recalled.

On motion of Senator WILSON, the Resolution was taken up for immediate consideration.

Senator LEVENTIS spoke on the Resolution.

The question then was the adoption of the Resolution.

The Resolution was adopted.

Recorded Vote

Senator LEVENTIS desired to be recorded as voting against the adoption of the Resolution.

Statement by Senator LEVENTIS

I voted "no" on S. 514 because I think it is inappropriate for this body to "extend support" in an official Senate Resolution to a person who is currently involved in a hearing being conducted by the Judiciary regarding his conduct. What does "extend support" mean? This question is particularly significant since all the members were put on notice that Mr. Myers' conduct as a public official is being reviewed and there is the possibility of significant sanctions for him if he is found to have engaged in misconduct.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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S. 529 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-640, RELATING TO RECOUPMENT CHARGES, SO AS TO PROVIDE THAT BEGINNING MARCH 1, 2002, NO INSURED WITHOUT ANY INSURANCE MERIT RATING POINTS ON MARCH 1, 1999, SHALL BE SURCHARGED FOR THE RECOUPMENT OF ANY FACILITY ASSESSMENTS OR LOSSES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 530 (Word version) -- Senators Short, Glover and Hutto: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 531 (Word version) -- Senator Moore: A BILL TO AMEND ACT 522 OF 1992, RELATING TO THE ADDITIONAL TAX OF THIRTY-FIVE ONE-HUNDREDTHS PERCENT ON FIRE INSURANCE PREMIUMS DEDICATED TO THE REPAYMENT OF INTEREST AND PRINCIPAL ON CAPITAL IMPROVEMENT BONDS AUTHORIZED, AMONG OTHER THINGS, FOR THE CONSTRUCTION OF THE FIRE ACADEMY, SO AS TO REQUIRE THE REVENUES OF THIS TAX AFTER THE BONDS ARE RETIRED TO BE RETAINED BY THE DEPARTMENT OF

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LABOR, LICENSING AND REGULATION FOR USE BY ITS DIVISION OF FIRE AND LIFE SAFETY FOR CAPITAL IMPROVEMENTS, DIVISION EXPENSES, AND PUBLIC EDUCATION, AND TO MAKE CONFORMING AMENDMENTS.
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Read the first time and referred to the Committee on Finance.

S. 532 (Word version) -- Senators Ritchie, Leventis, Ryberg, Giese, Richardson, Branton, Grooms and Gregory: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE AT LEAST EIGHTEEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL

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GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS.
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Senator RITCHIE spoke on the Bill.

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

S. 533 (Word version) -- Senators Short, Glover and Hutto: A BILL TO AMEND CHAPTER 4, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING ARTICLE 3 SO AS TO ENACT THE "PERSONAL IDENTIFYING INFORMATION PROTECTION ACT" AND TO PROVIDE FOR THE ESTABLISHMENT BY STATE AGENCIES OF PROCESSES AND PROCEDURES THROUGH THE OFFICE OF THE SECRETARY OF STATE FOR REASONABLY MAINTAINING THE PRIVACY OF AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION; AND TO REDESIGNATE THE FREEDOM OF INFORMATION ACT AS ARTICLE 1 OF CHAPTER 4, TITLE 30.
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Read the first time and referred to the Committee on Judiciary.

S. 534 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
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Read the first time and referred to the Committee on Judiciary.

S. 535 (Word version) -- Senators Short, Glover and Hutto: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 8 SO AS TO ENACT THE "NO TELEPHONE

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SOLICITATION ACT", TO PROVIDE FOR THE COMPILATION AND MAINTENANCE BY THE PUBLIC SERVICE COMMISSION OF A LIST OF TELEPHONE CUSTOMERS WHO DO NOT WANT TO BE SOLICITED BY TELEPHONE, TO REQUIRE TELEPHONE SOLICITORS TO ACQUIRE THE LIST FOR A FEE AND PROHIBIT THEM FROM SOLICITING THE CUSTOMERS ON THE LIST BY TELEPHONE, AND TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF THE PROVISIONS; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT THE "NO TELEPHONE SOLICITATION LIST" DATABASE; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO CRIMINAL REGULATION OF UNSOLICITED TELEPHONE CALLS, SO AS TO REQUIRE THE USE OF THE "NO TELEPHONE SOLICITATION LIST" BY A TELEPHONE SOLICITOR.
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Read the first time and referred to the Committee on Judiciary.

S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
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Read the first time and referred to the Committee on Transportation.

S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO

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PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.
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Read the first time and ordered placed on the Calendar without reference.

S. 538 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED

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SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 538 -- Ordered to a Second and Third Reading

On motion of Senator HUTTO, S.538 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 539 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JAMES M. BROWN ELEMENTARY SCHOOL OF WALHALLA UPON RECEIVING THE PRESTIGIOUS "CAROLINA FIRST PALMETTO'S FINEST AWARD".
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 540 (Word version) -- Senators McConnell, Matthews, Courson, Alexander, Anderson, Bauer, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. KENNETH A. DAVIS FOR HIS DILIGENT EFFORTS ON BEHALF OF THE AFRICAN-AMERICAN HISTORY MONUMENT.
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Whereas, Kenneth A. Davis has established himself as an attorney who possesses a keen wit and analytical mind and who has served the South Carolina Senate in various capacities with several standing committees with distinction; and

Whereas, Kenneth A. Davis accepted the role of counsel to the African-American History Monument Commission without any extra

Printed Page 1189 . . . . . Tuesday, April 3, 2001
compensation but with a deep devotion to accomplishing this historical task; and

Whereas, he performed his duties with diligence and persistence over the last three years, handling the endless details and legal contracts necessary to accomplish the construction; and

Whereas, he further performed the role of Executive Director handling the administrative operations of the commission, ensuring that every detail was handled and that fundraising and construction were carried out correctly and efficiently; and

Whereas, he has served beyond the call of duty, exemplifying the qualities of an outstanding citizen of South Carolina. Now, therefore,

Be it resolved by the Senate, that Kenneth A. Davis, an attorney with the Senate Judiciary Committee, is congratulated for his steadfast service in bringing to fruition the African-American History Monument and ensuring that the members of both the monument commission and the general public would enjoy and experience an eventful and unforgettable dedication. Therefore, the members of the South Carolina Senate salute Mr. Davis and thank him for his outstanding service to the people of the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mr. Davis.

The Senate Resolution was adopted.

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING

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PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.

Read the first time and referred to the Committee on Medical Affairs.

H. 3319 (Word version) -- Reps. Sandifer, Allison, Barrett, Cato, Chellis, Cooper, Davenport, Edge, Emory, Fleming, Gilham, Harrison, Harvin, Keegan, Kelley, Kirsh, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Martin, McCraw, Meacham-Richardson, Moody-Lawrence, J.M. Neal, Neilson, Perry, Phillips, Quinn, Rodgers, Simrill, J.E. Smith, J.R. Smith, Stille, Talley, Thompson, Trotter, Walker, A. Young, White and Robinson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONALS AND OCCUPATIONS, BY ADDING CHAPTER 8 SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CEMETERY COMPANIES AND TO PROVIDE PENALTIES FOR

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CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 55 OF TITLE 39 RELATING TO CEMETERIES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3642 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye, Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF

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NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.

Objection

Senator LEVENTIS asked unanimous consent to make a motion that H. 3805 be placed on the Calendar without reference.

Senator GROOMS objected.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3806 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO PROVIDE THE DILLON COUNTY ELECTION COMMISSION MUST ESTABLISH THE POLLING PLACES FOR THE PRECINCTS WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE REPRESENTATIVES REPRESENTING DILLON COUNTY.

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

H. 3824 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND

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TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

On motion of Senator BRANTON, the Bill was referred to the Dorchester County Delegation.

H. 3825 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO AUTHORIZE DORCHESTER SCHOOL DISTRICT TWO TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

On motion of Senator BRANTON, the Bill was referred to the Dorchester County Delegation.

H. 3829 (Word version) -- Reps. Weeks, J. Young, G. Brown and G.M. Smith: A CONCURRENT RESOLUTION HONORING MRS. ETHEL NEELY PRICE UPON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.

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

H. 3830 (Word version) -- Reps. Weeks, J. Young, G. Brown and G.M. Smith: A CONCURRENT RESOLUTION HONORING MRS. ELIZABETH BISHOP TILLER ON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.

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

H. 3831 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO

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RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN CHARLESTON RECENTLY, AND WISHING THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 25-28, 2001, IN ANAHEIM, CALIFORNIA.

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

H. 3832 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF E. McLEOD SINGLETARY OF COLUMBIA, ONE OF THIS STATE'S MOST DISTINGUISHED ATTORNEYS, UPON HIS DEATH.

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

H. 3833 (Word version) -- Reps. Weeks, J. Young, G. Brown and G.M. Smith: A CONCURRENT RESOLUTION HONORING MRS. RUTH JOHNSON EDENS UPON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.

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

H. 3834 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO RECOGNIZE THE YMCA ON THE CELEBRATION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND TO DECLARE AND ACKNOWLEDGE WITH GREAT PRIDE THAT THE YMCA OF GREENVILLE IS SYMBOLIC OF THE ATTRIBUTES OF THE NATIONAL ORGANIZATION IN THE IMPACT IT HAS HAD ON THE GREENVILLE COMMUNITY.

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

REPORTS OF STANDING COMMITTEE

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

Printed Page 1195 . . . . . Tuesday, April 3, 2001

S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3506 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 1196 . . . . . Tuesday, April 3, 2001

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3616 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3617 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 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

Printed Page 1197 . . . . . Tuesday, April 3, 2001
MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

THIRD READING BILLS

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

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.

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.

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

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THOUSAND DOLLARS TO IN EXCESS OF FIVE THOUSAND DOLLARS IN ORDER FOR THE CRIME TO BE IN THE FIRST 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.

S. 441 (Word version) -- Senators Martin, Giese, Richardson, Wilson, Leventis and Alexander: 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.

S. 441 -- Co-Sponsor Added

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 441.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

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.

S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREA FROM WHICH A MEMBER OF THE BOARD SHALL BE ELECTED IN 2002 AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN 2002, AND EVERY TEN YEARS THEREAFTER

Printed Page 1199 . . . . . Tuesday, April 3, 2001
BASED ON THE RESULTS OF THE DECENNIAL CENSUS SHALL ALSO PROVIDE BY LAW FOR FURTHER REAPPORTIONMENT OF THE NUMBER OF THE MEMBERS OF THE BOARD WHO MUST RESIDE IN SPECIFIED AREAS TO REFLECT POPULATION CHANGES SINCE THE LAST DECENNIAL CENSUS.

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

H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.

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 (NBD\11420AC01), which was adopted:

Amend the bill, as and if amended, Section 40-29-10 page 20, line 16 after /Governor/ by inserting /with the advice and consent of the Senate/.

Amend the bill, further, Section 40-29-20(10), (11), and (12) page 22, beginning on lines 24, 30, and 35 after /dealer or/ by deleting /person performing a function which the person is licensed to perform/ and inserting /a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function/.

Amend the bill, further, page 24, beginning on line 28 by deleting Section 40-29-60(A) and inserting:

/   Section 40-29-60.   (A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an

Printed Page 1200 . . . . . Tuesday, April 3, 2001
agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation, the hearing officer:

(1)   may for a first offense, impose a fine of not more than five hundred dollars or suspend the license for not more than thirty days, or both;

(2)   may for a second offense, impose a fine of not more than one thousand dollars or suspend the license for not more than sixty days, or both;

(3)   may for a third offense, impose a fine of not more than two thousand dollars or suspend the license for not more than ninety days, or both;

(4)   shall for a fourth or subsequent offense, present the violation to the board for disciplinary action pursuant to this chapter./

Amend the bill, further, Section 40-29-80(18) page 26, line 38 after /felony/ by inserting /within the prior seven years/.

Amend the bill, further, Section 40-29-140 page 27, line 30 by deleting /41-1-160/ and inserting /40-1-160/.

Amend the bill, further, Section 40-29-170 page 27, line 42 by deleting /may be/ and inserting /are/.

Amend the bill, further, Section 40-29-170 page 28 immediately after line 2 by inserting:

/However, upon completion of the investigation, the findings of the board are subject to disclosure in accordance with the Freedom of Information Act./.

Amend the bill, further, Section 40-29-200(E) page 30, line 17 after /felony/ by inserting /within the prior seven years/.

Amend the bill, further, Section 40-29-210(B) page 31, line 8 after /be/ by deleting /established by the board/ and inserting /promulgated in regulation/.

Amend the bill, further, Section 40-29-260(B)(1) page 34, line 31 by deleting /does/ and inserting /do/.

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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 with notice of general amendments.

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AMENDMENT PROPOSED, OBJECTION

S. 344 (Word version) -- Senators Wilson, Giese, Peeler, Grooms, Bauer, Leatherman and Branton: 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.

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

Senator FAIR proposed the following amendment (GGS\22951CM01):

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION   _____.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

  "Article 89

'Choose Life' Special License Plates

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand six hundred pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their

Printed Page 1202 . . . . . Tuesday, April 3, 2001
tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's case load in the preceding calendar year was of the total case load of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

(C)   Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.

(D)   If the department receives less than three hundred biennial applications and renewals for the 'Choose Life' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator HUTTO objected to further consideration of the Bill.

ADJOURNMENT

At 12:57 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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