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

Printed Page 1660 . . . . . Tuesday, May 1, 2001

Tuesday, May 1, 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, please know that in the unseen world of the Spirit there is a voice praying for you! Hear the Word from the Gospel by St. Luke, Chapter 22:

"Simon, Simon, behold Satan demanded to have you, that he might sift you like wheat, but I have prayed for you that your faith may not fail; and when you have turned again, strengthen your brethren."
Let us pray.

Dear Lord, into our hearts comes a strange new power and encouragement as we commend ourselves to You in this prayer period.

As we realize our kinship to Simon Peter, we take confidence in the thought of the divine intercession for us, as we read again the words: "I HAVE PRAYED FOR YOU THAT YOUR FAITH MAY NOT FAIL."

And, we are challenged by the words: "STRENGTHEN YOUR BRETHREN."

Thank You, O Lord, for Your Providence that overarches our path.
Amen.

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

REGULATION WITHDRAWN

The following was received:

Document No. 2602
Agency: Department of Natural Resources
SUBJECT: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor February 28, 2001
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration
Committee Requesting Withdrawal
Senate Fish, Game and Forestry April 24, 2001

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120 Day Period Tolled
Withdrawn April 27, 2001

Doctor of the Day

Senator RAVENEL introduced Dr. Louis E. Costa of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 12:30 P.M., Senator WALDREP requested a leave of absence until 2:00 A.M., Wednesday, May 2, 2001.

Motion Adopted

On motion of Senator MARTIN, with unanimous consent, Senators McCONNELL, RITCHIE and MOORE were granted leave to attend a meeting of the Judicial Screening Committee, be counted in any quorum calls and be granted leave to cast votes from the balcony.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

RECALLED AND ADOPTED

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 CAROLINA TO RAISE AWARENESS OF MENTAL HEALTH

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ILLNESSES AND THE CITIZENS OF OUR STATE WHO SUFFER FROM MENTAL ILLNESS.

Senator PEELER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Medical Affairs.

There was no objection.

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

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 651 (Word version) -- Senators Setzler and Wilson: A SENATE RESOLUTION TO EXPRESS THE SINCERE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF JULIA HAMER STORK OF CAYCE WHO PASSED AWAY APRIL 18, 2001, AND TO RECOGNIZE AND COMMEND HER FOR MANY YEARS OF OUTSTANDING COMMUNITY SERVICE.
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The Senate Resolution was adopted.

S. 652 (Word version) -- 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: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO WAIVE THE MATCHING FUNDS REQUIREMENT FOR FEDERAL HIGHWAY FUNDS AVAILABLE TO SOUTH CAROLINA PURSUANT TO THE REVENUE ALIGNED BUDGET AUTHORITY ACT (RABA).
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The Concurrent Resolution was adopted, ordered sent to the House.

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S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 654 (Word version) -- Senators Patterson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
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The Concurrent Resolution was introduced and referred to the Committee on Corrections and Penology.

S. 655 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL COMPENSATION, BENEFITS, AND CERTIFICATION PROCEDURES FOR TEACHERS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), SO AS TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA), BEGINNING WITH FISCAL YEAR 2001-2002, SHALL RECEIVE THE SAME INCREASE IN PAY FOR THE LIFE OF THE CERTIFICATION AS DO TEACHERS WHO HAVE RECEIVED NBPTS CERTIFICATION.
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Read the first time and referred to the Committee on Education.

S. 656 (Word version) -- Senators O'Dell, Ford and McGill: A BILL TO AMEND SECTIONS 12-23-10 AND 12-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE

Printed Page 1664 . . . . . Tuesday, May 1, 2001
ELECTRIC POWER LICENSE TAX AND EXEMPTIONS FROM THIS TAX, SO AS TO EXTEND THE IMPOSITION OF THE TAX TO ELECTRIC POWER SOLD FOR RESALE AND SOLD TO ULTIMATE USERS RATHER THAN ELECTRIC POWER SOLD FOR RESALE OR TO THE ULTIMATE USER IN THIS STATE, AND TO DELETE THE EXEMPTION FROM THE TAX OF ELECTRIC POWER GENERATED IN PLANTS CONSTRUCTED AFTER MAY 1, 1951, AND EXPORTED TO ANOTHER STATE.
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Read the first time and referred to the Committee on Finance.

S. 657 (Word version) -- Senator Grooms: 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 SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION EQUAL TO TWENTY-FIVE PERCENT OF OTHERWISE TAXABLE MILITARY PAY AND ALLOWANCES OF A RESIDENT OF THIS STATE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES AND STATIONED OUTSIDE OF THIS STATE AND TO PHASE IN THIS DEDUCTION OVER THREE YEARS.
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Read the first time and referred to the Committee on Finance.

S. 658 (Word version) -- Senators Peeler and Giese: A BILL TO AMEND SECTION 16-17-445, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROHIBIT UNSOLICITED CONSUMER TELEPHONE CALLS ON SUNDAY; AND TO AMEND SECTION 16-17-446, AS AMENDED, RELATING TO REGULATION OF AUTOMATICALLY DIALED ANNOUNCING DEVICE CALLS, SO AS TO PROHIBIT AUTOMATICALLY DIALED ANNOUNCING DEVICE CALLS ON SUNDAY.
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Read the first time and referred to the Committee on Judiciary.

S. 659 (Word version) -- Senator Hayes: A BILL TO ENACT THE "SOUTH CAROLINA TRUSTS, ESTATES, AND PROBATE REFORM ACT"; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20,

Printed Page 1665 . . . . . Tuesday, May 1, 2001
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULTY; TO AMEND SECTION 62-7-302, AS AMENDED, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS"; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO
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PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
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Read the first time and referred to the Committee on Judiciary.

S. 660 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO EXPAND THE DEFINITION OF AN INSURED WORKER; TO AMEND SECTION 41-27-370 TO PROVIDE THAT THERE WILL BE NO PENSION REDUCTION IN WEEKLY BENEFITS IF THE RECIPIENT HAS CONTRIBUTED TO THE PENSION PLAN; TO AMEND SECTION 41-35-130 RELATING TO THE CHARGING OF BENEFITS TO FORMER EMPLOYERS; TO AMEND SECTION 41-41-20 TO AUTHORIZE THE COMMISSION TO REDUCE BENEFIT PAYMENTS TO CLAIMANTS WHO HAVE MADE FRAUDULENT MISREPRESENTATIONS; AND TO AMEND SECTION 41-41-40 TO AUTHORIZE THE COMMISSION TO COLLECT BENEFITS OVERPAID BY STATES ADMINISTERING COMPARABLE UNEMPLOYMENT LAWS FROM BENEFITS PAID IN SOUTH CAROLINA AND TO ALLOW THE COMMISSION TO WAIVE OVERPAYMENTS UNDER CERTAIN CIRCUMSTANCES FOR WHICH THE CLAIMANT IS NOT AT FAULT AND TO SPECIFY A FIVE-YEAR STATUTE OF LIMITATIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 661 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, TO AUTHORIZE THE COMMISSION TO COLLECT AND PUBLISH INFORMATION RELATING TO ECONOMIC ACTIVITY CONNECTED WITH EMPLOYMENT IN SOUTH CAROLINA; TO AMEND SECTION 41-29-170 RELATING TO THE PERMITTED DISCLOSURE OF INFORMATION COLLECTED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680 TO MAKE THE TIME TO REQUEST RECONSIDERATION OR REVIEW CONSISTENT AMONG THE SECTIONS AND TO MAKE THESE PROCEDURES CONFORM TO FEDERAL REQUIREMENTS; AND TO AMEND SECTION 41-35-750, RELATING TO THE PROCEDURE TO OBTAIN JUDICIAL REVIEW OF COMMISSION DECISIONS, TO BRING THE SECTION INTO COMPLIANCE WITH THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 662 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 31-12-30, 31-12-40, 31-12-50, AND 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT AUTHORITIES, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP COMPOSITION OF REDEVELOPMENT AUTHORITIES CONTROLLING PROPERTY LOCATED WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY ARE NOT STATE AGENCIES AND ARE EXEMPTED FROM PROVISIONS OF STATE LAW GOVERNING THE TRANSACTIONS OF STATE AGENCIES; TO PROVIDE THAT REDEVELOPMENT AUTHORITIES CREATED PURSUANT TO THE PROVISIONS OF THIS SECTION MUST DEFEND AND INDEMNIFY THE STATE

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AGAINST ALL LIABILITY RELATING TO TRANSACTIONS INVOLVING REAL OR PERSONAL FEDERAL PROPERTY TO THE EXTENT OF THE VALUE OF THE PROPERTY; TO PROVIDE THAT ASSETS, LIABILITIES, INCOME, AND REVENUE DESIGNATED FOR THE REDEVELOPMENT AUTHORITY SHALL REMAIN WITH THE REDEVELOPMENT AUTHORITY AND THAT THE REDEVELOPMENT AUTHORITY SHALL DEFEND AND INDEMNIFY THE MUNICIPALITY AGAINST ALL LIABILITY RELATING TO TRANSACTIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT OR OF AN AUTHORITY CREATED PURSUANT TO THIS ACT; TO PROVIDE FOR THE FILLING OF VACANCIES ON REDEVELOPMENT AUTHORITIES LOCATED WITHIN AN MSA LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY; TO AMEND SECTIONS 31-12-210, 31-12-270, 31-12-290, AND 31-12-300 RELATING TO TAX INCREMENT FINANCING AND THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF PROPERTIES WITHIN A REDEVELOPMENT PROJECT AREA SO AS TO CLARIFY AND CONFORM THESE PROVISIONS TO SECTION 31-12-40; TO AMEND SECTION 61-4-510, RELATING TO DISTRIBUTION OF SPECIAL RETAIL BEER AND WINE PERMIT FEES TO A REDEVELOPMENT AUTHORITY, SO AS TO SPECIFY HOW THE FEES MUST BE DISTRIBUTED WHEN AN AUTHORITY IS ESTABLISHED OR DISSOLVED; AND TO PROVIDE TRANSITION PROVISIONS FOR THE ESTABLISHMENT OF A NEW REDEVELOPMENT AUTHORITY.
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Senator PASSAILAIGUE spoke on the Bill.

Objection

Senator PASSAILAIGUE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator J. VERNE SMITH objected.

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

H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson,

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J.H. Neal, Rutherford, Sandifer, Scott, F.N. Smith, J.E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE A ONE-YEAR PERIOD WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.

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

H. 3484 (Word version) -- Reps. Knotts, Bingham, Coates, Edge, McGee and Weeks: A BILL TO AMEND SECTION 40-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS, SO AS TO INCREASE THE SKIN CARE CLASS HOURS FROM FOUR HUNDRED AND FIFTY HOURS TO SIX HUNDRED HOURS FOR LICENSURE AS AN ESTHETICIAN AND TO INCREASE THE CLASS HOURS FROM THREE HUNDRED HOURS TO FOUR HUNDRED AND FIFTY HOURS FOR LICENSURE AS A NAIL TECHNICIAN.

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

H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, 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; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION

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OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE POWERS OF THE BOARD IN GRANTING LICENSURE TO NONRESIDENTS; AND TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION.

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

H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.

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

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A

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SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

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

H. 3749 (Word version) -- Reps. J.E. Smith and Weeks: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.

Read the first time and referred to the General Committee.

H. 3755 (Word version) -- Reps. Wilkins, Harrell, Quinn, W.D. Smith, Campsen, Simrill and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 2-7-130, 2-15-140, AND 11-11-75 SO AS TO PROVIDE THAT A PROVISION ADDING TO, AMENDING, OR REPEALING A PART OF THE GENERAL AND PERMANENT LAW OF THE STATE MUST NOT BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS BILL OR ANY BILL OR JOINT RESOLUTION MAKING SUPPLEMENTAL APPROPRIATIONS, TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE

Printed Page 1673 . . . . . Tuesday, May 1, 2001
PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.

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

H. 3812 (Word version) -- Rep. Harrison: A BILL TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.

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

H. 3932 (Word version) -- Reps. Law, Hinson, Merrill and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.

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

H. 4020 (Word version) -- Reps. Frye and Parks: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND

Printed Page 1674 . . . . . Tuesday, May 1, 2001
COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

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

H. 4022 (Word version) -- Reps. Martin and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD.

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

H. 4034 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE COWPENS LIONS CLUB ORGANIZED IN 1951 UPON THE CELEBRATION OF THEIR FIFTIETH ANNIVERSARY ON JUNE 18, 2001, AND TO EXTEND TO THEM MANY MORE YEARS OF FAITHFUL SERVICE TO THE COMMUNITY.

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

H. 4037 (Word version) -- Reps. Rutherford and Howard: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE W. J. KEENAN HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE AAA STATE CHAMPIONSHIP TITLE FOR THE SECOND CONSECUTIVE YEAR AND WISH THEM MUCH SUCCESS IN THE FUTURE.

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

HOUSE CONCURRENCE

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

Printed Page 1675 . . . . . Tuesday, May 1, 2001
THIS ORGANIZATION HAS HAD ON THE PICKENS COUNTY COMMUNITY.

Returned with concurrence.

Received as information.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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

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

Senator LEVENTIS proposed the following amendment (SWB5359SD01), which was adopted:

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

\ SECTION__.   Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-1115.   For purposes of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is deemed the agent of the foreign brewer and any agreement subject to the provisions of this article between a wholesaler and the importer is binding on any successor importer of beer produced by that foreign brewer." /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

Senator HUTTO proposed the following amendment (JUD0321.050), which was adopted:

Printed Page 1676 . . . . . Tuesday, May 1, 2001

Amend the bill, as and if amended, page 2, beginning on line 23, in Section 61-4-735(C), as contained in SECTION 2, by striking lines 23-26 and inserting therein the following:

/   to wine products, building wine displays, setting boxes, conduct not more than two wine tasting tastings in accordance with department regulations, developing shelf schematics,   /.

Amend the bill further, as and if amended, page 3, beginning on line 39, in Section 61-4-737, as contained in SECTION 3, by striking lines 39 through 41 and inserting therein the following:

/   or regulation, the holder of a retail wine permit for off-premises consumption may conduct, in accordance with department regulations, not more than thirty-six wine tastings at the retail location in a calendar year."   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

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

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.

Printed Page 1677 . . . . . Tuesday, May 1, 2001

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

The Transportation Committee proposed the following amendment (GGS\22026CM01), which was adopted:

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

/ SECTION   1.   Section 56-5-4030 of the 1976 Code is amended to read:

"Section 56-5-4030.   (A)   As contained in this section, 'recreational vehicle appurtenance' includes:

(1)   an awning and its support hardware; and

(2)   any appendage that is intended to be an integral part of the recreational vehicle and is installed by the manufacturer or dealer which includes, but is not limited to, vents, electrical outlet covers, and window frames.

(B)   The total outside width of a vehicle or the load on it may not exceed one hundred two inches exclusive of safety devices approved by the department.

(C)   Appurtenances on noncommercial and personal use recreational vehicles and truck campers may extend to a maximum of six inches beyond the maximum width requirement contained in subsection (B)."

SECTION   2.   Section 56-5-4070(B) of the 1976 Code is amended to read:

"(B)   No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, except buses and motor homes as approved by the department. However, a personal use, noncommercial vehicle may extend to a maximum length of forty-five feet as long as its maximum turning radius is forty-eight feet."

SECTION   3.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator WILSON explained the committee amendment.

Printed Page 1678 . . . . . Tuesday, May 1, 2001

The committee amendment was adopted.

Senator WILSON proposed the following amendment (GGS\22027CM01), which was adopted:

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

/ SECTION   1.   Section 56-5-4030 of the 1976 Code is amended to read:

"Section 56-5-4030.   (A)   As contained in this section, 'appurtenances' include:

(1)   an awning and its support hardware; and

(2)   any appendage that is intended to be an integral part of a motor home, house trailer, or truck camper and is installed by the manufacturer or dealer which includes, but is not limited to, vents, electrical outlet covers, and window frames.

(B)   The total outside width of a vehicle or the load on it may not exceed one hundred two inches exclusive of safety devices approved by the department.

(C)   Appurtenances on motor homes, house trailers, and truck campers may extend up to six inches on either side of the vehicle beyond the maximum width requirement contained in subsection (B)."

SECTION   2.   Section 56-5-4070(B) of the 1976 Code is amended to read:

"(B)   No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, except buses and motor homes as approved by the department, or motor homes which may be forty-five feet in length, if the turning radius of the motor home is forty-eight feet or less."

SECTION   3.   Section 56-5-4070(F) of the 1976 Code is amended to read:

"(F)   Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers vehicles must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."

Printed Page 1679 . . . . . Tuesday, May 1, 2001

SECTION   4.   Section 57-3-150 of the 1976 Code, as added by Part II, Section 85A, Act 497 of 1994, is amended to read:

"Section 57-3-150.   (A)   The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.

(B)   The Department of Transportation may issue to a motor home, house trailer, or truck camper manufacturer, dealer, or transporter an annual trip permit authorizing the unlimited commercial movement of a motor home, house trailer, or truck camper in the manufacturer's, transporter's, or dealer's possession which exceeds the maximum width specified in Section 56-5-4030(A). Notwithstanding the provisions contained in subsection (A), additional permit requirements must not be imposed on the commercial movement of motor homes, house trailers, or truck campers if they comply with the provisions contained in Section 56-5-4030."

SECTION   5.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator WILSON explained the amendment.

The amendment was adopted.

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

Printed Page 1680 . . . . . Tuesday, May 1, 2001

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

H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.

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

The Committee on Education proposed the following amendment (3534C001.MRH), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/ SECTION   __.   Section 59-18-310(B) of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"(B)   The statewide assessment program in the four academic areas shall include grades three through eight, an exit examination which is to be first administered in grade ten, and end of course tests for gateway courses in English/language arts, mathematics, science, and social studies for grades nine through twelve. A standards based assessment will be developed for grades one and two for use by schools and districts as deemed appropriate by the district officials."

SECTION   __.   Section 59-18-1930 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-1930.   The Education Oversight Committee shall provide for a comprehensive review of state and local professional development to include principal leadership development and teacher staff development. The review must provide an analysis of training to include what professional development is offered, how it is offered, the support given to implement skills acquired from professional development, and how the professional development enhances the academic goals outlined in district and school strategic plans. The oversight committee shall recommend better ways to provide and meet the needs for professional development, to include the use of the existing five contract days for in service. Needed revisions shall be

Printed Page 1681 . . . . . Tuesday, May 1, 2001
made to state regulations to promote use of state dollars for training which meets national standards for staff development.

Upon receipt of the recommendations from the comprehensive review of state and local professional development, the State Department of Education shall develop an accountability system to ensure that identified professional development standards are effectively implemented. As part of this system the department shall provide information on the identified standards to all principals and other professional development leaders. Training for all school districts in how to design comprehensive professional development programs that are consistent with the standards shall also be a part of the implementation. A variety of staff development options that address effective teaching and assessment of state academic standards and workforce preparation skills shall be included in the information provided to principals and other professional development leaders to ensure high levels of student achievement." /

Renumber sections to conform.

Amend title to read:

/ TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS; TO AMEND SECTION 59-18-1930, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION. /

Printed Page 1682 . . . . . Tuesday, May 1, 2001

Senator MATTHEWS 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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M. Smith, J.E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.

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

Senator ELLIOTT proposed the following amendment (GGS\22031CM01), which was adopted:

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

/ SECTION   _____.   Section 56-3-1960(2), as last amended by Act 181 of 1993, is further amended to read:

"(2)   An agency, organization, private individual, or facility that transports a disabled or handicapped person or any a person who is handicapped as defined in this article may apply to the department for

Printed Page 1683 . . . . . Tuesday, May 1, 2001
issuance of a temporary or permanent distinguishing placard to be designed by the department. The department, if necessary, may design another distinguishing placard for an agency, organization, private individual, or facility that is eligible for a placard,. However, all placards must be at least three inches by nine and one-half inches in size and must hang from the rearview mirror of a vehicle or be displayed on the driver's side dashboard when there is no hanging apparatus. The placard must be used on vehicles transporting the disabled person in lieu of the distinguishing license plate issued pursuant to subsection (1) of this section. When the placard is displayed on the driver's side dashboard of a vehicle, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (1) of this section are applicable to the vehicle. The department shall establish procedures for the issuance of distinguishing placards, and the procedures shall permit applicants to apply by mail. Each application must be accompanied by a certificate from a licensed physician as defined in Section 40-47-5 that the applicant is handicapped as defined in this article, except that a physician's certificate is not required for applications by an agency, organization, private individual, or facility which must include sufficient documentation as may be prescribed by the department that the applying agency, organization, private individual, or facility transports handicapped or disabled persons. The physician shall state on the certificate whether the applicant is handicapped temporarily or permanently. If the applicant is temporarily handicapped, the physician shall state the length of time for which the applicant is temporarily handicapped. A placard issued for a temporary disability is valid only for the anticipated length of time of the disability specified by the physician in the certificate. No An applicant may not be denied a placard if the applicant follows the procedures established by the department and if the completed application is accompanied by a certificate from a licensed physician as defined in Section 40-47-5, as required by this subsection. The department shall charge a fee of one dollar a placard and may issue two placards to an individual applicant upon request. An agency, organization, private individual, or facility may receive a placard for each vehicle registered upon payment of the appropriate fees.

The permanent placards may be issued and renewed only for a maximum period of four years renewable on the owner's birth date; however, placards issued to an agency, organization, or facility must be renewed every four years. The placards must be of a color as

Printed Page 1684 . . . . . Tuesday, May 1, 2001
determined by the department which is easily recognizable by law enforcement personnel. The placard shall indicate on its face when it expires." /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

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

SECOND READING BILLS

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

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

H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE

Printed Page 1685 . . . . . Tuesday, May 1, 2001
SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.

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

MADE SPECIAL ORDER

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

Printed Page 1686 . . . . . Tuesday, May 1, 2001
HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

Senator MARTIN moved that the Bill be made a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 38; Nays 7

AYES

Alexander                 Bauer                     Branton
Courson                   Elliott                   Fair
Giese                     Gregory                   Grooms
Hawkins                   Hayes                     Holland *
Hutto                     Land                      Leatherman
Leventis                  Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Peeler
Rankin                    Ravenel                   Reese *
Richardson                Ritchie                   Ryberg
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep *                 Wilson

Total--38

NAYS

Anderson                  Ford                      Glover
Jackson                   Matthews                  Patterson
Pinckney

Total--7

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was made a Special Order.

Printed Page 1687 . . . . . Tuesday, May 1, 2001

ADJOURNMENT

At 12:58 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

* * *

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