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, Moses and Joshua faced monumental problems and decision time was pressing hard upon them. Hear the record (Joshua, Chapter 24:15f):

"Choose this day whom you will serve, whether the gods your fathers served... or the gods of the Amorites in whose land you dwell; but as for me and my house, we will serve the Lord."
Let us pray.

Our Father, we give thanks to You for the life and labors of Ryan Shealy, Your servant and our colleague here under the dome for many years. May the consolations of the Gospel be a spiritual treasure for his family in these days!

Father, here we have money problems! We have moral and ethical problems! We are living in transitional times! Our whole future for some time to come will be determined by the decisions we make together now!

We beseech Your Divine intervention in our affairs, O Lord! Frustrate any false thinking and any false actions of which we may be guilty!

Lead us into the land of our hopes and our dreams for South Carolina!
Amen.

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

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

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Municipalities

C. Talmadge Tobias, City Manager of Sumter, P. O. Box 1149, Sumter, S.C. 29151

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Soil and Water Conservation

Vicky Howell, Conservation District Commissioner, Rt. 3, Box 26, Summerton, S.C. 29148

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2001, and to expire May 19, 2005

2nd Congressional District

Thomas L. Williams, 2686 Highway 278, Barnwell, S.C. 29812

Referred to the General Committee.

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2001, and to expire June 30, 2005

5th Congressional District

Carroll P. Huffman, P. O. Box 1065, Lancaster, S.C. 29721

Referred to the Committee on Judiciary.

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

Court/victim assistant

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

Referred to the Committee on Judiciary.

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2001, and to expire June 30, 2005

6th Congressional District

Carrie Sinkler-Parker, P. O. Box 313, Alcolu, S.C. 29001

Referred to the Committee on Judiciary.

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District

Louise A. McFarland, 6362 Goldbranch Road, Columbia, S.C. 29206

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1995, and to expire March 15, 2002

6th Congressional District

Alease G. Samuels, P. O. Box 501, Walterboro, S.C. 29488 VICE Deanne C. Jolly - resigned

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2002, and to expire March 15, 2009

6th Congressional District

Alease G. Samuels, P. O. Box 501, Walterboro, S.C. 29488

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1999, and to expire June 30, 2003

3rd Congressional District

James M. "Mike" McMichael, 103 Bradley Street, Clemson, S.C. 29631 VICE Alvin B. Roberts

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Scientist/Engineer

Vincent Van Brunt, Ph.D., U.S.C. Dept. of Chemical Engineering, Swearingen Engineering Center, Columbia, S.C. 29208

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2001, and to expire June 30, 2005

Area 9

Erbert F. Cicenia, 141 West Carolina Ave., Summerville, S.C. 29483

Referred to the Committee on Medical Affairs.

Reappointment, Abbeville County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007

Curtis G. Clark, P. O. Box 3045, Greenwood, S.C. 29648

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 2001, and to expire January 1, 2007

Clyde N. Davis, 1014 Lonsdale Dr., West Columbia, S.C. 29170

The following were received and referred to the appropriate committee for consideration:

Document No. 2577
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
SUBJECT: Standards for Authorized Prescriptions by the Nurse Practitioner with Prescriptive Authority
Received by Lieutenant Governor March 6, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration July 4, 2001

Document No. 2605
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
SUBJECT: Physician Assistants (Repeal)
Received by Lieutenant Governor March 6, 2001
Referred to Medical Affairs Committee
Legislative Review Expiration July 4, 2001

The following was received:

Document No. 2595
Agency:   Department of Labor, Licensing and Regulation
Board of Registration for Professional Engineers and Land Surveyors
SUBJECT: General Provisions, Requirements for Licensure, Continuing Professional Competency
Received by Lieutenant Governor February 1, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 1, 2001
120 Day Period Tolled
Withdrawn and Resubmitted March 1, 2001

Senator LEATHERMAN introduced Dr. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

Senator WILSON rose for an Expression of Personal Interest.

Mr. PRESIDENT and fellow members of the Senate, I want to make a few comments about our former colleague and dear friend, RYAN SHEALY. We're so fortunate that we've had veterans from World War II, such as our Senator from Greenwood and the late Senator from Lexington, who have served in this body and served with such distinction. I wanted to point out some of the particulars of the obituary which I have distributed to you. It has so many important points in it that just make you feel so good to have known RYAN SHEALY, especially those of us in Lexington County, who have had the privilege of him representing our county in the House and Senate. One of the most important points was the establishment of the Lexington Medical Center. This is our hospital in Lexington County. It is now one of the largest employers in the county with nearly 2000 employees. The services so crucial to our community that it provides countywide have improved the quality of life in Lexington County. RYAN SHEALY along with State Representative at that time, FLOYD SPENCE, helped establish the medical center.

I wanted to add to the obituary some reminisces because I've had the privilege as has the Senator from Richland, Senator COURSON, of knowing the family for decades, prior to the birth of many of the people in this room. The first thing that I think of when I think of RYAN SHEALY is his family. He was a devoted family man. He and Elsie have raised five fine children. All of them have been distinguished; they are all so talented. We know our former colleague, SHERRY MARTSCHINK, who served with distinction here and in the House, as well as a Workers Compensation Judge. We can look at other generations of the Shealy family. We are very blessed that the SHEALY tradition continues. I have seen the grandchildren born and grow up. His grandson, Ross, has completed the U.S. Naval Academy and has certainly been an inspiration to our family. Another grandson, Rod Shealy, Jr., is the editor of the Lake Murray News. We can be grateful for this continuation of service to our community. His wife, Elsie, was the State Sales Representative for World Book Encyclopedia and was recognized internationally for her talents as a businesswoman ahead of the curve. That is a fact about RYAN SHEALY and this family - they have always been ahead of the curve. If you read the paper this morning, you will see that he was one of the first Republicans elected from Lexington County for a state office. The first person to run was in 1962, State Rep. FLOYD SPENCE who was the first to switch parties and ran for Congress, but there were no local candidates. The first local candidates to run in the 20th century were in 1964, and, of course, none won. But in 1966, RYAN SHEALY ran and won, to serve in the House and Senate. He did things that, as I look back, and I know all of you remember, are so meaningful for the quality of life for the people of South Carolina. He was responsible for establishing the elections for school boards in November instead of in February. That has encouraged a lot of people to get involved in the school board elections of Lexington County and has re-invigorated education in Lexington County, making me believe Lexington is the leading county in terms of education in South Carolina. He was right there to make sure that this was done. He was, as we know, an initial supporter of the lottery. He was a primary sponsor who worked hard to promote the first electronic monitoring of persons who are incarcerated in South Carolina to reduce the number of people who actually serve time in our prisons.

I think of how enterprising he was; we, of course, read in the paper that he water-skied, of all things, from Columbia to Charleston to show the level of navigation and the ability of navigation in South Carolina and that was certainly a very positive thing. I can remember he and Elsie at the Gilbert Peach Festival one year, and Senator from Greenville, you'll find this amazing, he was on a bicycle built for two but he forgot to advise Elsie how hard it was to pedal. Indeed she tried and it was more than a bit difficult. In the town of Gilbert, ya'll please come to the Peach Festival; there's a slight rise on Main Street, but if you're on a bicycle built for two, it's like going up Mount Pisgah. He did it anyway. He was not the same person, Senator from Greenwood, when he concluded because of being profusely exhausted. But, it was so much fun! That was RYAN SHEALY - a person who was in the middle of serving the people of South Carolina and serving his country, as a family man, a veteran and a statesman of South Carolina.

God Bless RYAN SHEALY.

Senator SETZLER rose for an Expression of Personal Interest.

Mr. PRESIDENT, I'd like to share some recollections with the Senate about RYAN SHEALY.

Of course, at that time, we used to represent multi-county districts with numbered seats. So, I had the opportunity to travel over five counties with Senator SHEALY as he was running for election.

Many of you may not know it, but he and Senator MARTSCHINK used to pick at me all the time. I'm actually kin to RYAN and SHERRY and those, and I value their kinship and their friendship. RYAN has been a true gentleman in every sense of the word. As the other Senator from Lexington said, I think the things that you remember about RYAN are his love of God and country and family. But those of us who have been fortunate enough to be elected to walk these halls and have the opportunity to serve the public know when you are sitting in the Chamber with someone who is very special and understands the trust that the public gives you when they send you to this Statehouse. As you walk through those doors, as a former member said, the real responsibility hits you about what is about to go on. RYAN SHEALY was a joy to serve with in the Legislature.

I will always remember those days that I had and those nights in those meetings with him - and the many stories that he told. But there are two things in particular that are important to me that I will always carry with me about RYAN SHEALY in public service. That is, if he ever gave you his word on an issue, it didn't matter what happened after that day. He would never, under any circumstances - no matter what the political costs to him - he would never change what he told you. If he told you he was going to vote that way, come rain or high water, he never changed. He was right there forever. He was in cement and you could always count on him.

The other thing was, if he told you and you knew that you were his friend, he was your friend for life. He would do anything that he could to assist you. Those of us that had the opportunity to serve here with him have been blessed by that experience, and I ask that our prayers and our thoughts be with his wife and his children as they go through this difficult time, because I know they will miss him as we will miss him.

I'm thankful that I had the opportunity to know and serve with RYAN SHEALY.

Senator MOORE rose for an Expression of Personal Interest.

Mr. PRESIDENT and members of the Senate, let me join in by telling a real quick story about RYAN SHEALY.

RYAN SHEALY was one of the most humorous guys that you would ever meet in your life, one with a sense of humor that was very unique.

When I first ran for the Senate in 1980, RYAN SHEALY was running also. I never will forget watching him campaign. That was during a time when we had five counties including Lexington, Aiken, Barnwell, Bamberg and Edgefield, and he was running against former Senator BILL KNOTTS. Senator KNOTTS had a large Winnebago in which he would travel the parade route with his hundreds of workers and supporters who followed him. These workers and followers would hand out the styrofoam patriotic, campaign hats. The thing that I found amazing about RYAN SHEALY was the fact that he would follow on his bicycle built for two of which the Senator from Lexington has spoken. The bicycle had a sign "Poor Man's Winnebago", and he had all of his workers taking RYAN SHEALY bumper stickers and popping them on every one of those hats. For every hat that Senator KNOTTS' crowd was handing out, RYAN SHEALY was putting his banner on it. Therefore, when the entire crowd got to the end of the parade route, Senator KNOTTS, his family and workers were so happy with what they had done, and as they got out and saw this army of people with RYAN SHEALY bumper stickers on their hats, it absolutely blew them away.

Ryan and I had a great relationship and tremendous working relationship. I had profound respect for him. For all the good things that have been said here today, I believe, what I remember about him most is exactly what the Senator from Lexington said, "If RYAN SHEALY gave you his word, it was like that proverbial snapping turtle, he would never let go."

Thank you, Mr. PRESIDENT.

Senator BRANTON rose for an Expression of Personal Interest.

Mr. PRESIDENT and members of the Senate:

I, too, want to come here for just a brief moment to say that I think Senator RYAN SHEALY was probably one of the finest Senators that I knew. He was a statesman. I remember when I came to this body in 1984, with, I think, about 14 new Senators. And I remember we tried to come up here and make a lot of changes, and he called me over there in the back and he said, "Now, you've got to calm down over here."

He was a super guy. I also recall the night that I reclaimed my Senate seat in 1997; Senator RYAN SHEALY called me and he said, "I want to congratulate you on winning your seat back." And I told him, I said, "Senator, I'm in heavy debt." And he said, "Well, had you supported me in the lottery, I probably would have recommended that some of my friends send you some money, but since you didn't, you'll have to pay that debt back by yourself."

But he was a tremendous individual. He was a member, I think, Senator DRUMMOND, back then with the Renegades. You remember, you were with us then - one of the Renegades - and we fought everybody on the front row, Senator McCONNELL - these two rows. The Renegades fought everybody. And I pulled out that picture last night, Senator WILSON, of the Renegades, and I saw him there standing, and he was just a-smiling.

I think he was one guy that probably was a Republican but was kind of non-partisan. I never heard him come to this podium, really, and rant and rave like some of us have about, you know, being partisan. But, we've lost a true friend, a tremendous Senator, and a man who will be loved - a man who will go down in history as being one of the greatest Senators that we've known.

Thank you very much.

Senator RAVENEL rose for an Expression of Personal Interest.

I want to say a few words about Senator SHEALY, my friend RYAN SHEALY.

I was serving in the House in 1954, when he was elected. He came in and, of course, as all of you know, Ryan was a physical giant. I remembered when he got on those water skis and he skied from up here in Columbia right on down to Charleston to prove a point that that old river was navigable right all the way up for economic development. Way back in those days there were no Republicans; everybody was a Democrat. When they talked about Republicans, we thought about General Sherman and Abraham Lincoln; these were the Republicans insofar as we were concerned.

Of those who served in the House back then, Senator from Kershaw, no one lost over in the House. Over here in the Senate there were only three of us, and that was you, the Senator from Darlington and me. But anyhow, old RYAN is gone now. The last time I saw him was when he married his daughter off in Charleston, former Senator SHERRY MARTSCHINK down in Charleston at the St. Matthews Lutheran Church. It was a high noon wedding and, of course, everybody knows how eccentric RYAN was. The invitation read, "Come as you are." Well, former Rep. Hallman and I went to the wedding and we could not believe the wedding procession that came in. There was RYAN in Bermuda shorts and he had on an Hawaiian shirt along with the rest of the entourage in the wedding party and he gave away his daughter.

There are only a few of us left now and that's the Senator from Kershaw, Senator SALEEBY and me, and all I can say is that I hope I will be the last one.

On motion of Senator COURSON, with unanimous consent, the remarks by Senators WILSON, SETZLER, MOORE, BRANTON and RAVENEL, when reduced to writing and made available to the Desk, would be printed in the Journal.

Senator BAUER rose for an Expression of Personal Interest.

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

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

S. 312 (Word version) -- Senators Verdin, Grooms, Fair and Thomas: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 312.

S. 261 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW-ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

On motion of Senator VERDIN, with unanimous consent, the name of Senator VERDIN was added as a co-sponsor of S. 261.

S. 24 (Word version) -- Senators Land, Grooms, Ford, McGill, Elliott, Reese and Branton: A BILL TO AMEND CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 24.

S. 325 (Word version) -- Senators Alexander, Peeler, Holland, Land, Patterson, Jackson, Pinckney, Richardson, Grooms, Ford, Branton, Hawkins, Reese, Glover, Martin, Anderson, Matthews, Saleeby, Ravenel, Wilson, Thomas, Mescher and Passailaigue: A BILL TO AMEND SECTION 40-37-10 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was removed as a co-sponsor of S. 325.

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

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was removed as a co-sponsor of S. 76.

At 12:40 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:15 P.M.

There was no objection and a message was sent to the House accordingly.

The following were introduced:

S. 406 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.
l:\council\bills\dka\4148mm01.doc

Senator THOMAS spoke on the Bill.

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

S. 407 (Word version) -- Senator Leatherman: 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.
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Read the first time and referred to the Committee on Finance.

S. 408 (Word version) -- Senators Ryberg, Wilson, J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 11-43-160, AS AMENDED, RELATING TO SOURCES OF REVENUE FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REQUIRE AN ANNUAL CONTRIBUTION TO THE BANK FROM THE DEPARTMENT OF TRANSPORTATION IN AN AMOUNT NOT TO EXCEED AN AMOUNT EQUIVALENT TO THE REVENUES OF ONE CENT OF THE GASOLINE TAX AND TO PROVIDE THAT THIS CONTRIBUTION MAY BE MADE FROM ANY REVENUES OF THE DEPARTMENT OF TRANSPORTATION BUT, TO THE EXTENT POSSIBLE, MUST NOT BE TAX REVENUE.
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Senator RYBERG spoke on the Bill.

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

S. 409 (Word version) -- Senators Wilson, Giese, Richardson, Grooms, Verdin and Ryberg: A BILL TO AMEND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM FIFTEEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Finance.

S. 410 (Word version) -- Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. Verne Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.
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Senator GROOMS spoke on the Bill.

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

S. 411 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 412 (Word version) -- Senators Leatherman, Land, Reese, Courson, Martin, Short, Peeler, O'Dell, Ryberg, McGill and Grooms: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.
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Read the first time and referred to the Committee on Transportation.

S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.
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Senator WILSON spoke on the Resolution.

Read the first time and, on motion of Senator WILSON, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator WILSON, with unanimous consent, S. 413 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 414 (Word version) -- Senators Wilson and Ryberg: A BILL TO PROVIDE THAT THE LEXINGTON COUNTY COUNCIL IN EXPENDING REVENUES OF THE TAX IMPOSED IN LEXINGTON COUNTY PURSUANT TO THE LOCAL ACCOMMODATIONS TAX ACT IS REQUIRED TO PROMOTE TOURISM AND MAKE TOURISM-RELATED EXPENDITURES PRIMARILY IN THE GEOGRAPHICAL AREAS OF THE COUNTY IN WHICH THE PROCEEDS OF THE TAX ARE COLLECTED WHERE IT IS PRACTICAL.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 415 (Word version) -- Senators Hutto and Matthews: A SENATE RESOLUTION RECOGNIZING SOUTH CAROLINA'S MOTHER OF THE YEAR, MRS. JOYCE W. RHENEY, OF ORANGEBURG COUNTY AND EXPRESSING THE ADMIRATION AND GRATITUDE OF THE STATE OF SOUTH CAROLINA TO HER AND TO ALL THE STATE'S MOTHERS WHO MANAGE THIS VERY DEMANDING ROLE WITH STRENGTH AND LOVE.
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The Senate Resolution was adopted.

S. 416 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF ROY ALLEN STEED, JR. OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

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

H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3146 (Word version) -- Reps. Lourie, J.E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J.M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G.M. Smith, Owens, Harvin McLeod, Sinclair, Thompson, Govan and Martin: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.

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

H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.

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

H. 3174 (Word version) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

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

H. 3263 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

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

H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.

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

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

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

H. 3492 (Word version) -- Reps. White, Barrett, Chellis, Cooper, Emory, Hayes, Keegan, Klauber, Law, Martin, McGee, J.M. Neal, Ott, Rice, Taylor, Thompson, Townsend, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVERS LICENSES TO PERSONS CONVICTED OF A FIRST OFFENSE OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING ALCOHOL, DRUGS, OR NARCOTICS, SO AS TO INCREASE THE FEE AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST USE THE ADDITIONAL REVENUES FOR HIRING AND TRAINING ADDITIONAL MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

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

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

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

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

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

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

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

H. 3634 (Word version) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.

Senator LEVENTIS spoke on the Bill.

Read the first time and, on motion of Senator LEVENTIS, with unanimous consent, ordered placed on the Calendar without reference.

H. 3647 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING SOUTH CAROLINA'S MOTHER OF THE YEAR, MRS. JOYCE W. RHENEY OF ORANGEBURG COUNTY, AND EXPRESSING THE ADMIRATION AND GRATITUDE OF THE STATE OF SOUTH CAROLINA TO HER AND TO ALL THE STATE'S MOTHERS WHO MANAGE THIS VERY DEMANDING ROLE WITH STRENGTH AND LOVE.

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

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 8 (Word version) -- Senators Hayes, Mescher, Reese, Giese and Branton: A BILL TO AMEND SECTION 59-19-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR LEASE OF SCHOOL PROPERTY BY SCHOOL TRUSTEES, SO AS TO DELETE THE REQUIREMENT THAT THE SALE OR LEASE REQUIRES THE CONSENT OF THE COUNTY BOARD OF EDUCATION OR GOVERNING BODY OF THE COUNTY IN THOSE COUNTIES WHICH DO NOT HAVE A COUNTY BOARD OF EDUCATION.

Ordered for consideration tomorrow.

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

S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.

Ordered for consideration tomorrow.

Columbia, S.C., February 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following appointment:

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 2001, and to expire January 1, 2007

Master-in-Equity

The Honorable Clyde N. Davis, Jr., 1014 Lonsdale Dr., West Columbia, SC 29170
Very respectfully,
Speaker of the House

Received as information.

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

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

S. 365 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 366 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2528, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 367 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 134 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.

S. 320 (Word version) -- Senators Gregory, Peeler and Drummond: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.

S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.

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

Senators MOORE and MARTIN proposed the following amendment (JUD0394.002), which was adopted:

Amend the bill, as and if amended, page 1, line 32, in Section 20-7-135(B), as contained in SECTION 1, by striking /A/ and inserting:     /     Whether by consent order or otherwise, a   /.

Amend the bill further, as and if amended, page 2, line 12, in Section 20-7-135(D), as contained in SECTION 1, by inserting the following after   /parties./:

/   Written consent shall not be given unless the guardian has complied with the other provisions of this section.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

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

S. 70 (Word version) -- Senators Hayes, Elliott, Reese and Branton: A BILL TO AMEND SECTION 2-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO REQUIRE THE CODE COMMISSIONER TO ANNOTATE IN THE SOUTH CAROLINA CODE OF LAWS ALL UNPUBLISHED FEDERAL OPINIONS DECIDED IN THE DISTRICT WHICH HAVE BEEN SENT TO HIM BY THE CHIEF FEDERAL DISTRICT JUDGE IF THESE OPINIONS AFFECT THE INTERPRETATION OR INVALIDATIONS OF SOUTH CAROLINA STATUTES.

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

Senators McCONNELL and HAYES proposed the following amendment (JUD0070.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 34, in Section 2-13-60, as contained in SECTION 1, by striking subsection (3) in its entirety and inserting therein the following:

/   (3)   Note note by annotation decisions of the State Supreme Court, and the court of appeals of this State the State Court of Appeals, and the federal District Court for the District of South Carolina and decisions relevant to the State from the federal Fourth Circuit Court of Appeals and the United States Supreme Court under the appropriate sections of the codified statutes, codified and also of the State Constitution of 1895, of the State the United States Constitution, and the state rules of court.; /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment and the Bill.

The amendment was adopted.

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

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.

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

Senator McGILL proposed the following amendment (JUD0087.005), which was adopted:

Amend the bill, as and if amended, page 1, line 34, in Section 50-11-760, as contained in SECTION 1, by striking:

/   written   /.

Renumber sections to conform.

Amend title to conform.

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

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

H. 3124 (Word version) -- Reps. Emory, Clyburn, Robinson and Whipper: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Senator PEELER explained the Bill.

S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator GROOMS explained the Resolution.

On motion of Senator GROOMS, with unanimous consent, S. 397 was ordered to receive a third reading on Wednesday, March 7, 2001.

S. 398 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME, AND TO PROVIDE CIVIL FINES FOR VIOLATIONS OF RECORDKEEPING DUTIES.

Senator WALDREP explained the Bill.

S. 102 (Word version) -- Senators Hutto, Ford, Hayes, Reese and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.

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

The Committee on Medical Affairs proposed the following amendment (102R001.MA), which was adopted:

Amend the bill, as and if amended Section 40-69-20(16) page 20, line 29 by deleting /chiropractic,/ and inserting /manipulation and adjustment,/

Amend the bill, further, immediately after line 40 by inserting:

/Section 40-69-300.   (A)   Nothing in this chapter limits or affects the practice of a person who is licensed in the State of South Carolina and is acting within the scope of that licensed practice or profession.

(B)   Nothing in this chapter affects the practice of qualified persons to whom a licensed veterinarian has delegated the performance of procedures, therapeutic options, and alternate therapies. The delegating veterinarian must verify the qualifications of these persons and their competencies and remains responsible for the care of the patient./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

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

S. 401 (Word version) -- Senator Fair: A SENATE RESOLUTION TO EXPRESS THE SENSE OF THE SENATE THAT ANY GOVERNMENT POLICY OR ACTION TO SUPPRESS PRAYER IS TANTAMOUNT TO A LAW PROHIBITING THE FREE EXERCISE OF RELIGION AND COULD, THEREFORE, BE UNCONSTITUTIONAL.

The Senate Resolution was adopted.

S. 230 (Word version) -- Senators Passailaigue, Moore, Drummond, Setzler, Richardson and Alexander: A CONCURRENT RESOLUTION INVITING THE HONORABLE JOHN S. MCCAIN, UNITED STATES SENATOR FROM ARIZONA, TO ADDRESS THE GENERAL ASSEMBLY ON THE ISSUE OF CAMPAIGN FINANCE REFORM IN JOINT SESSION AT A TIME MUTUALLY CONVENIENT FOR BOTH HOUSES.

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

H. 3519 (Word version) -- Reps. Cooper, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO ENDORSE THE NATIONAL PROCLAMATION OF NATIONAL HEART FAILURE AWARENESS WEEK AND TO ENCOURAGE THE DISSEMINATION OF THE TREATMENT GUIDELINES FOR CONGESTIVE HEART FAILURE PUBLISHED BY THE HEART FAILURE SOCIETY OF AMERICA, INC. TO APPROPRIATE HEALTH CARE OFFICIALS IN THE STATE.

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

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

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate stands adjourned, it stand adjourned to meet tomorrow at 1:30 P.M. in Statewide Session until 2:00 P.M., provided, however, if the Morning Hour is not concluded by 2:00 P.M., the Senate would continue to meet under the provisions of Rule 1B for the exclusive purpose of Receipt of Communications, Introduction of Bills and Resolutions, Receipt of Committee Reports, and taking up local matters and uncontested matters which have previously received unanimous consent to be taken up. Subsequent to the Statewide Session under the provisions of Rule 1B, the Senate would stand adjourned to meet on Thursday, March 8, 2001, at 11:00 A.M.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 6, 2001, at 1:15 P.M. and the following Acts and Joint Resolution were ratified:

(R14, S. 112 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.
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(R15, S. 198 (Word version)) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. Verne Smith, Thomas, Verdin, Richardson and Branton: AN ACT TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
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(R16, S. 199 (Word version)) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: AN ACT TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
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(R17, S. 214 (Word version)) -- Senators Reese, Hawkins and Ritchie: AN ACT TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE, TO DELETE AN OBSOLETE REFERENCE TO THE SPARTANBURG COUNTY DELEGATION'S SENATOR, TO DELETE A REFERENCE TO THE TERMS OF SERVICE FOR THE WATER DISTRICT'S ORIGINAL COMMISSIONERS, AND TO PROVIDE FOR THE TERMS OF SERVICE FOR THE TWO ADDITIONAL COMMISSIONERS.
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(R18, S. 220 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
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(R19, H. 3109 (Word version)) -- Reps. J. Brown and Clyburn: AN ACT TO AMEND SECTION 40-15-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH DENTAL HYGIENISTS MAY MONITOR NITROUS OXIDE ANESTHESIA, SO AS TO APPLY SUCH MONITORING TO NITROUS OXIDE INHALATION CONSCIOUS SEDATION.
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(R20, H. 3559 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.
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On motion of Senators SETZLER, WILSON, BAUER, RYBERG, ALEXANDER, ANDERSON, 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, SALEEBY, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Senator RYAN SHEALY of Lexington, S.C., former member of the Senate and House of Representatives, beloved colleague, distinguished public servant and devoted family man.

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

Reappointment, Abbeville County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007

Curtis G. Clark, P. O. Box 3045, Greenwood, S.C. 29648

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

Reappointment, Lexington County Master-in-Equity, with term to commence January 1, 2001, and to expire January 1, 2007

Clyde N. Davis, 1014 Lonsdale Dr., West Columbia, S.C. 29170

At 1:26 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 1:30 P.M.

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