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

Printed Page 1505 . . . . . Wednesday, April 25, 2001

Wednesday, April 25, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 4:00 P.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator JACKSON. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.)

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 630 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE YMCA OF PICKENS COUNTY ON THE CELEBRATION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE YMCA MOVEMENT AND ACKNOWLEDGE WITH GREAT PRIDE THE POSITIVE IMPACT THIS ORGANIZATION HAS HAD ON THE PICKENS COUNTY COMMUNITY.
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The Concurrent Resolution was adopted.

S. 631 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 31-18-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNS NOTIFYING THE GENERAL PUBLIC OF SHOOTING RANGE NOISE AREAS, SO AS TO PROVIDE THAT A COUNTY MAY, UPON WRITTEN REQUEST OF AT LEAST ONE RESIDENT PROPERTY OWNER WHOSE RESIDENCE IS LOCATED WITHIN ONE MILE OF THE SHOOTING RANGE, DISPLAY THESE SIGNS AT A ONE-MILE RADIUS OF THE SHOOTING RANGE ON ALL PRIMARY HIGHWAYS, AND TO PROVIDE THAT SIGNS PREVIOUSLY REQUIRED TO BE POSTED MAY REMAIN AT THE OPTION OF THE COUNTY.
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Printed Page 1506 . . . . . Wednesday, April 25, 2001

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

H. 3116 (Word version) -- Reps. Keegan, Altman, Whatley, Whipper, Owens, Robinson, Bowers and Knotts: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICERS AND FULL-TIME FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.

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

H. 3565 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 56-5-6530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS IN MOTOR VEHICLES, SO AS TO INCLUDE NEWSPAPER CARRIERS AMONG THOSE NOT REQUIRED TO USE SAFETY BELTS.

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

H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.

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

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR

Printed Page 1507 . . . . . Wednesday, April 25, 2001
PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR
Printed Page 1508 . . . . . Wednesday, April 25, 2001
FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO
Printed Page 1509 . . . . . Wednesday, April 25, 2001
EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43,
Printed Page 1510 . . . . . Wednesday, April 25, 2001
AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATES COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND
Printed Page 1511 . . . . . Wednesday, April 25, 2001
SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.

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

H. 3818 (Word version) -- Reps. Campsen, Wilkins, Kelley, G.M. Smith, J. Young, Easterday, Bingham, Cato, Delleney, Fleming, Hamilton, Kirsh, Littlejohn, Loftis, Perry, Rice, Robinson, Scarborough, Simrill, D.C. Smith, J.R. Smith, Stille, Talley, Tripp, White, Sheheen, Altman, Barrett, Gilham and Rodgers: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A

Printed Page 1512 . . . . . Wednesday, April 25, 2001
BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DOES NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.

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

H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J.R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS

Printed Page 1513 . . . . . Wednesday, April 25, 2001
EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.

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

H. 3976 (Word version) -- Reps. Coates, J. Hines, Askins and McGee: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR FLORENCE COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR FLORENCE COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE FLORENCE COUNTY ELECTION COMMISSION AND THE FLORENCE COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FLORENCE COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE, PROVIDE FOR REMOVAL OF COMMISSIONS UNDER CERTAIN CONDITIONS, AND TO DIRECT THE CODE COMMISSIONER TO MAKE CORRECTIONS TO CERTAIN REFERENCES IN THE CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

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

H. 3987 (Word version) -- Reps. J.H. Neal, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, Parks, Rutherford, Scott, F.N. Smith, Weeks and Whipper: A CONCURRENT RESOLUTION EXTENDING THE WARMEST WELCOME OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LEGISLATIVE DELEGATION FROM KATSINA STATE IN NIGERIA, AND OFFERING THEM THE GIFT OF OUR

Printed Page 1514 . . . . . Wednesday, April 25, 2001
FRIENDSHIP AND THE BENEFIT OF OUR EXPERIENCE AS THEY OBSERVE AND LEARN FROM OUR LEGISLATIVE PROCESS.

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

H. 3989 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CALHOUN COUNTY HIGH SCHOOL "SAINTS" BOYS BASKETBALL TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 2000-2001 CLASS AA STATE BASKETBALL CHAMPIONSHIP AND WISH THEM CONTINUED SUCCESS IN THE FUTURE.

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

H. 3990 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE MELISSA HOLDER OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

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

H. 3991 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE CHERYL MIHALOVITS OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

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

H. 3992 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY MOON OF HARTSVILLE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

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

H. 3997 (Word version) -- Reps. J. Brown, Scott, Wilkins, Cato, Lee, J. Hines, Govan, Howard, J.H. Neal, Rutherford, Lourie, Kennedy, Hosey, Clyburn, Weeks, M. Hines, Moody-Lawrence, Whipper, Allen,

Printed Page 1515 . . . . . Wednesday, April 25, 2001
Breeland, G. Brown, Cobb-Hunter, Davenport, Easterday, Gourdine, Hamilton, Haskins, Leach, Lloyd, Loftis, Mack, Parks, Rice, Robinson, F.N. Smith, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO COMMEND MR. ROBERT PEABO BRYSON OF GREENVILLE, SOUTH CAROLINA, FOR HIS EXCEPTIONAL TALENTS AND ACCOMPLISHMENTS IN THE FIELD OF CONTEMPORARY MUSIC AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR MR. BRYSON'S AGREEING TO PERFORM AT THE ANNUAL LEGISLATIVE BLACK CAUCUS GALA TO BE HELD AT THE KOGER CENTER IN COLUMBIA ON JUNE 16, 2001.

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

H. 4005 (Word version) -- Reps. Freeman and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY STARLING OF WALLACE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

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

H. 4006 (Word version) -- Reps. Carnell, Simrill, Moody-Lawrence, Bowers, Gilham, M. Hines, Hosey, Kirsh, Littlejohn, Lloyd, Lourie, Martin, Meacham-Richardson, Miller, J.M. Neal, Ott, Owens, Riser, Rivers, Rodgers, Scott, Stuart, Thompson, Weeks, Wilder, A. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Loftis, Lucas, Mack, McCraw, McGee, McLeod, Merrill, J.H. Neal, Neilson, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Robinson, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Talley, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MAY 2001 AS MENTAL HEALTH MONTH IN SOUTH

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CAROLINA TO RAISE AWARENESS OF MENTAL HEALTH ILLNESSES AND THE CITIZENS OF OUR STATE WHO SUFFER FROM MENTAL ILLNESS.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 4007 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2000-2001 MEN'S BASKETBALL TEAM AT WINTHROP UNIVERSITY FOR AN OUTSTANDING SEASON AND CONTINUED EXCELLENCE OVER THE PAST THREE BASKETBALL SEASONS AND TO RECOGNIZE THE WINTHROP "EAGLES" RETURN TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S CHAMPIONSHIP TOURNAMENT.

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

H. 4008 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE SYLVIA WALLACE OF DARLINGTON UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.

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

H. 4010 (Word version) -- Rep. J.R. Smith: A CONCURRENT RESOLUTION TO COMMEND PHILIP A. "PHIL" KENT OF AUGUSTA, EDITORIAL WRITER, EDITORIAL PAGE EDITOR, AND POLITICAL COLUMNIST FOR THE AUGUSTA CHRONICLE FOR HIS DISTINGUISHED CAREER AT THE CHRONICLE AS HE LEAVES HIS POSITION TO BECOME PRESIDENT OF SOUTHEASTERN LEGAL FOUNDATION, AN ATLANTA-BASED LAW FIRM AND POLICY CENTER.

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

H. 4021 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND OVERTON G. "TONY" GANONG OF COLUMBIA, UPON HIS RETIREMENT, FOR HIS YEARS OF INSPIRED

Printed Page 1517 . . . . . Wednesday, April 25, 2001
SERVICE TO THE STATE AND ITS CITIZENS AS THE EXECUTIVE DIRECTOR OF THE STATE MUSEUM AND TO EXPRESS THE DEEP GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE STATE MUSEUM, UNDER HIS LEADERSHIP, HAS BECOME A CATALYST FOR THE CULTURAL AND EDUCATIONAL DEVELOPMENT OF OUR STATE.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC PLASTICS INDUSTRY, the SOCIETY OF THE PLASTICS INDUSTRY, INC. and the AMERICAN PLASTICS COUNCIL to attend a reception at the Capital City Club on Tuesday, May 1, 2001, from 6:00 until 7:30 P.M.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC NURSES ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, May 2, 2001, from 8:00 until 9:30 A.M.

Printed Page 1518 . . . . . Wednesday, April 25, 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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC TELEPHONE ASSOCIATION to attend a reception at the Columbia Museum of Art on Wednesday, May 2, 2001, from 6:00 until 8:00 P.M.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC SCHOOL FOOD SERVICE ASSOCIATION to attend a Breakfast Drop-In in Room 221 Blatt Bldg. on Thursday, May 3, 2001, from 8:00 until 10:00 A.M.

Printed Page 1519 . . . . . Wednesday, April 25, 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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC DEPARTMENT OF PARKS, RECREATION AND TOURISM to attend a luncheon at the State House grounds on Tuesday, May 8, 2001, upon adjournment and lasting until 2:00 P.M.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

Printed Page 1520 . . . . . Wednesday, April 25, 2001

An invitation from the SC BEER ASSOCIATION to attend a reception at the Botanical Gardens on Tuesday, May 8, 2001, from 6:00 until 8:00 P.M.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the AMERICAN HEART ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, May 9, 2001, from 8:00 until 10:00 A.M.

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

Printed Page 1521 . . . . . Wednesday, April 25, 2001

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC DAIRY ASSOCIATION to attend an Ice Cream Social on the State House grounds on Wednesday, May 9, 2001, from 10:00 A.M. until 2:00 P.M.

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

Senator PEELER from the Committee on Medical Affairs polled out S. 339 favorable:

S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.

Printed Page 1522 . . . . . Wednesday, April 25, 2001

Poll of the Medical Affairs Committee
Polled 17; Ayes 17; Nays 0; Not Voting 0

AYES

Peeler                    J. Verne Smith            Moore
Courson                   Giese                     Thomas
Hayes                     Jackson                   Short
Fair                      Hutto                     Anderson
Branton                   Ravenel                   Passailaigue
Ford                      Pinckney

TOTAL--17

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

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

Printed Page 1523 . . . . . Wednesday, April 25, 2001

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 74 (Word version) -- Senators Leventis, Ford, Elliott and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY; TO DEFINE RESPONSIBLE OFFICIAL; AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.

Ordered for consideration tomorrow.

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

S. 124 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.

Ordered for consideration tomorrow.

Printed Page 1524 . . . . . Wednesday, April 25, 2001

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

S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.

Ordered for consideration tomorrow.

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

S. 234 (Word version) -- Senators Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175 SO AS TO PROVIDE THAT A STATEMENT MADE BY A CHILD LESS THAN FOURTEEN YEARS OF AGE DESCRIBING AN ACT OF SEXUAL CONTACT OR PHYSICAL ABUSE PERFORMED WITH OR ON THE CHILD BY ANOTHER PERSON, OR WITH OR ON ANOTHER PERSON IN THE PRESENCE OF THE CHILD IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

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

S. 277 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF RECORDS, SO AS TO MAKE AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL CONFIDENTIAL AND TO

Printed Page 1525 . . . . . Wednesday, April 25, 2001
PROVIDE THAT THESE PAPERS AND ALL RECORDS OF THE COUNCIL WITH THE EXCEPTION OF FINAL AUDIT REPORTS ARE NOT SUBJECT TO PUBLIC DISCLOSURE.

Ordered for consideration tomorrow.

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

S. 327 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.

Ordered for consideration tomorrow.

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

S. 350 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-325 SO AS TO PROVIDE THAT UPON ISSUING A PERSON A ROUTE RESTRICTED DRIVER'S LICENSE, THE DEPARTMENT OF PUBLIC SAFETY MUST PROVIDE THE PERSON WITH A COPY OF THE APPROVED ROUTE THAT HAS BEEN CERTIFIED BY THE DEPARTMENT'S MOTOR VEHICLE DIVISION, WHICH MUST BE CARRIED BY THE PERSON WHEN HE OPERATES A MOTOR VEHICLE AND WHICH MUST BE DISPLAYED UPON DEMAND BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A PERSON WHO FAILS TO MAINTAIN THE CERTIFIED COPY OF THE APPROVED ROUTE OR FAILS TO DISPLAY IT UPON DEMAND BY A LAW ENFORCEMENT OFFICER IS SUBJECT TO THE PENALTIES ASSOCIATED WITH DRIVING WITH A DRIVER'S LICENSE THAT HAS BEEN CANCELLED, SUSPENDED, OR REVOKED; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO

Printed Page 1526 . . . . . Wednesday, April 25, 2001
THE DEPARTMENT OF PUBLIC SAFETY'S SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY FIVE-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO CERTAIN TESTS TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY TEN-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED.

Ordered for consideration tomorrow.

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

Printed Page 1527 . . . . . Wednesday, April 25, 2001

S. 380 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION, SO AS TO DELETE A PROVISION WHICH REQUIRES THAT ONLY EVIDENCE OF VIOLATIONS OF CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS ARE ADMISSIBLE IN A COURT OF LAW AS A RESULT OF A WARRANTLESS SEARCH AND TO PROVIDE THAT EVIDENCE OF ANOTHER CRIME FOUND DURING A SEARCH INCIDENT TO A LAWFUL ARREST UNDER CERTAIN CIRCUMSTANCES MAY BE SEIZED BY A LAW ENFORCEMENT OFFICER WHO MAY ARREST AND FILE CRIMINAL CHARGES AGAINST A PERSON IMPLICATED BY THE EVIDENCE.

Ordered for consideration tomorrow.

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

S. 390 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-195 SO AS TO DEFINE "FIREFIGHTER", AND TO PROVIDE THAT A PERSON INITIALLY APPLYING TO BECOME A FIREFIGHTER MUST UNDERGO A STATE LAW ENFORCEMENT DIVISION AND A FEDERAL BUREAU OF INVESTIGATION CRIMINAL BACKGROUND REVIEW AT THE PERSON'S EXPENSE.

Ordered for consideration tomorrow.

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

S. 429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION

Printed Page 1528 . . . . . Wednesday, April 25, 2001
16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 469 (Word version) -- Senators Martin, Fair and McCONNELL: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5, SO AS TO PROVIDE THAT THE COMMON LAW "YEAR-AND-A-DAY RULE" IS ABROGATED IN THIS STATE; AND TO AMEND SECTION 50-21-115, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY.

Ordered for consideration tomorrow.

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

S. 488 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.

Ordered for consideration tomorrow.

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

Printed Page 1529 . . . . . Wednesday, April 25, 2001

S. 489 (Word version) -- Senator McCONNELL: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.

Ordered for consideration tomorrow.

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

S. 492 (Word version) -- Senator McCONNELL: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.

Ordered for consideration tomorrow.

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

S. 498 (Word version) -- Senator McCONNELL: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO GENERAL DEFINITIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO DIFFERENTIATE BETWEEN A SECURITY INTEREST AND A LEASE; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO

Printed Page 1530 . . . . . Wednesday, April 25, 2001
INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-4-104 AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 8; TO AMEND SECTION 33-6-260, RELATING TO RESTRICTION ON TRANSFER OR REGISTRATION OF SECURITIES, SO AS TO CONFORM THE REFERENCE TO "SECURITIES"; TO AMEND CHAPTER 9, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING SECURED TRANSACTIONS, SO AS TO, INTER ALIA, EXPAND THE SCOPE OF THE PROVISIONS TO INCLUDE ADDITIONAL TYPES OF PROPERTY AS COLLATERAL, INCLUDING INVESTMENT SECURITIES FORMERLY ADDRESSED IN CHAPTER 8, AND NEW KINDS OF TRANSACTIONS; TO PROVIDE FOR CLARITY OF METHODS OF PERFECTION AND FOR CENTRALIZED AND ELECTRONIC FILING OF FINANCING STATEMENTS; TO PROVIDE THAT THE LOCATION OF THE DEBTOR DETERMINES THE PLACE OF FILING AND THE EFFECT OF PERFECTION; TO PROVIDE NEW DEFAULT AND ENFORCEMENT RULES FOR DEALING WITH GUARANTORS, NEW KINDS OF PROPERTY, AND SUBORDINATE CREDITORS; TO DISTINGUISH MORE CLEARLY THE TREATMENT OF A CONSUMER TRANSACTION INVOLVING A SECURITY INTEREST AND THE PROTECTIONS AFFORDED A CONSUMER DEBTOR; TO CLARIFY CERTAIN AMBIGUITIES ARISING FROM CONFLICTING JUDICIAL INTERPRETATIONS OF THE APPLICATIONS OF SOME PROVISIONS; TO PROVIDE FOR INCREASED UNIFORMITY IN THE TREATMENT OF SECURED TRANSACTIONS INVOLVING OIL AND GAS AND AGRICULTURE; TO AMEND SECTION 36-1-105, RELATING TO CHOICE OF LAW GENERALLY, SO AS TO CONFORM ITS PROVISIONS TO THE PROVISIONS OF CHAPTER 2A AND THE REVISIONS TO CHAPTER 9; TO REPEAL CHAPTER 6, TITLE 36,
Printed Page 1531 . . . . . Wednesday, April 25, 2001
RELATING TO BULK TRANSFERS AND TO REPEAL CHAPTER 7, TITLE 35, RELATING TO THE "UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS"; AND TO MAKE THE EFFECTIVENESS OF CHAPTERS 8 AND 9 SIMULTANEOUS ON JULY 1, 2001.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

S. 560 (Word version) -- Senator Rankin: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT

Printed Page 1532 . . . . . Wednesday, April 25, 2001
AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.

Ordered for consideration tomorrow.

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

S. 576 (Word version) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McCONNELL, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE

Printed Page 1533 . . . . . Wednesday, April 25, 2001
AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO
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THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE
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OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Ordered for consideration tomorrow.

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

H. 3159 (Word version) -- Reps. Fleming and Altman: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO SUBSTITUTE A PARDON FOR THE SERVICE OF A SENTENCE AS AN EXCEPTION TO DISQUALIFICATION FROM BEING REGISTERED TO VOTE.

Ordered for consideration tomorrow.

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

H. 3436 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.

Ordered for consideration tomorrow.

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Message from the House

Columbia, S.C., April 25, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has receded from its amendment to:
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.
Very respectfully,
Speaker of the House

Received as information.

S. 484--ENROLLED FOR RATIFICATION

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

Printed Page 1537 . . . . . Wednesday, April 25, 2001
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 message having been received from the House informing the Senate that it had receded from its amendments, the Bill was ordered enrolled for Ratification, and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 263 (Word version) -- Senator Gregory: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 521 AND HIGHWAY 9 BYPASS, FROM ITS BEGINNING AT THE INTERSECTION OF THE BYPASS AND HIGHWAY 521 SOUTHEAST OF THE TOWN OF LANCASTER TO THE INTERSECTION OF HIGHWAY 9 AND THE CHESTER COUNTY LINE AT THE CATAWBA RIVER BRIDGE, THE "VETERANS MEMORIAL HIGHWAY" IN HONOR OF THE VETERANS OF LANCASTER COUNTY AND AS A TOKEN OF APPRECIATION FOR THEIR FAITHFUL SERVICE TO THEIR STATE AND NATION, AND REQUEST THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 562 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 14, 2001, AND FRIDAY, JUNE 15, 2001.

Returned with concurrence.

Received as information.

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HOUSE CONCURRENCE

S. 582 (Word version) -- Senators Alexander, Courson and Drummond: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 1, AND FRIDAY, NOVEMBER 2, 2001, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 31, 2001, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 600 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO CELEBRATE APRIL 22, 2001, AS EARTH DAY, TO RECOGNIZE THE IRREPLACEABLE VALUE OF OUR ENVIRONMENT AND OUR NATURAL RESOURCES, TO RECOGNIZE FORT JACKSON FOR ITS EFFORTS TO PRESERVE, PROTECT, AND ENHANCE THE ENVIRONMENT, AND TO SERVE AS A CALL TO ALL SOUTH CAROLINIANS TO BE RESPONSIBLE STEWARDS OF OUR ENVIRONMENT.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 619 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAMES B. HUNT, JR., A NATIVE OF GREENVILLE, SOUTH CAROLINA, FOR HIS LIFETIME OF ACCOMPLISHMENTS AS A DIRECTOR, EDUCATOR, AND STUDENT OF MUSIC.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 620 (Word version) -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BISHOP C. L. LORICK, SR., PASTOR OF REHOBOTH UNITED CHURCH (APOSTOLIC) IN RICHLAND

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COUNTY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM MANY YEARS OF GOOD HEALTH, HAPPINESS, AND CONTINUED SERVICE TO THE CITIZENS OF HIS COMMUNITY AND OUR STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 621 (Word version) -- Senators Matthews, Anderson, Ford, Glover, Jackson, Patterson and Pinckney: A CONCURRENT RESOLUTION EXTENDING THE WARMEST WELCOME OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LEGISLATIVE DELEGATION FROM KATSINA STATE IN NIGERIA AND OFFERING THEM THE GIFT OF OUR FRIENDSHIP AND THE BENEFIT OF OUR EXPERIENCE AS THEY OBSERVE AND LEARN FROM OUR LEGISLATIVE PROCESS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 628 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUNES GOLF AND BEACH CLUB OF MYRTLE BEACH ON COMPLETING RENOVATIONS TO THE HISTORIC CLUB'S CLUBHOUSE FACILITIES AND TO OFFER BEST WISHES TO THE CLUB'S OFFICERS, DIRECTORS, TRUSTEES, AND MEMBERS DURING THE DEDICATION CELEBRATION OF THE NEW FACILITIES APRIL 26-27, 2001.

Returned with concurrence.

Received as information.

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

SECOND READING BILL

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

H. 3763 (Word version) -- Rep. W.D. Smith: A BILL TO AUTHORIZE THE WHITNEY RESCUE SQUAD IN SPARTANBURG COUNTY TO TRANSFER AND THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY TO ACCEPT ALL OF THE DUTIES,

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RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE SQUAD ON SUCH TERMS THE GOVERNING BODIES CONSIDER APPROPRIATE.

H. 3763--Ordered to a Third Reading

On motion of Senator RITCHIE, H. 3763 was ordered to receive a third reading on Thursday, April 26, 2001.

MOTION ADOPTED

On motion of Senators ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, WALDREP and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of our colleague and friend, former Senator HORACE C. SMITH of Spartanburg, S.C.

ADJOURNMENT

At 5:00 P.M., on motion of Senator PATTERSON, the Senate adjourned to meet tomorrow at 11:00 A.M.

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