Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, we read from Joshua, Chapter 5 (9-12):

"The Lord said to Joshua, 'Today I have rolled away from you the disgrace of Egypt'... and so that place is called Gilgal to this day... there they kept the Passover in the evening."
Let us pray.

Father, with great joy we dedicate this morning a monument, to the east of this Chamber, commemorating the history of our African-American citizens who were brought to this country as slaves.

We thank You for their contribution to the arts, music, science, statecraft and religion in our common life!

We pray for forgiveness for the sins of the past!

We pray for the renewing of our minds and hearts!

We pray for the Spirit that helps us walk the path of brotherhood and love called righteousness!

We pray that we all may live together in future days as children of THE FAMILY OF GOD.
Amen!

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

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

Document No. 2609
Agency: Budget and Control Board
SUBJECT: State Human Resources Regulations
Received by Lieutenant Governor March 29, 2001
Referred to Finance Committee
Legislative Review Expiration July 27, 2001 (Subject to Sine Die Revision)

Document No. 2573
Agency: Department of Social Services
SUBJECT: General Food Stamp Program
Received by Lieutenant Governor March 29, 2001
Referred to General Committee
Legislative Review Expiration July 27, 2001 (Subject to Sine Die Revision)

On motion of Senator PEELER, with unanimous consent, Senators LEATHERMAN, SETZLER, THOMAS, MATTHEWS and HAYES were granted leave to attend a subcommittee meeting, be counted in any quorum calls, be notified of any roll call votes and be given sufficient time in which to attend the Chamber in order to cast a vote.

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

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

There was no objection.

The Joint Resolution was recalled from the Committee on Transportation.

On motion of Senator WILSON, with unanimous consent, the Joint Resolution was taken up for immediate consideration.

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

On motion of Senator WILSON, with unanimous consent, the Joint Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator WILSON, with unanimous consent, H. 3792 was ordered to receive a third reading on Friday, March 30, 2001.

The following were introduced:

S. 523 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING MRS. BETTY CARTER OF BURNETTOWN, SOUTH CAROLINA, FOR BEING NAMED THE REALTOR OF THE YEAR BY THE NORTH AUGUSTA/BELVEDERE BOARD OF REALTORS.
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The Senate Resolution was adopted.

S. 524 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.
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Read the first time and referred to the Committee on Education.

S. 525 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THE CONVEYANCE OR DELIVERY OF THE THREAT MAY BE MADE TO ANY PERSON RATHER THAN JUST TO THE PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL IN ORDER FOR THERE TO BE A VIOLATION OF THE SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 526 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO INCLUDE JURISDICTION TO HEAR CASES RELATED TO GRIEVANCES OF INMATES ASSIGNED TO THE DEPARTMENT OF CORRECTIONS AND CASES RELATED TO THE DENIAL OR REVOCATION OF PROBATION OR PAROLE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; AND TO AMEND SECTION 17-27-45, AS AMENDED, RELATING TO FILING PROCEDURES FOR POST CONVICTION RELIEF APPLICATIONS, SO AS TO PROVIDE A TIME FRAME FOR POST CONVICTION RELIEF APPLICATIONS BASED ON DECISIONS IN INMATE GRIEVANCE MATTERS.
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Read the first time and referred to the Committee on Judiciary.

S. 527 (Word version) -- Senator Hutto: A BILL TO AMEND ARTICLE 13, CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, BY ADDING SECTION 56-1-2155 SO AS TO IMPOSE LANE RESTRICTIONS ON COMMERCIAL MOTOR VEHICLE DRIVERS DRIVING TRUCKS WITH THREE OR MORE AXLES ON CERTAIN PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM, FREEWAYS, AND MULTILANE DIVIDED PRIMARY HIGHWAYS LOCATED IN THIS STATE; AND TO AMEND SECTION 56-1-2156, RELATING TO ASSESSMENT OF POINTS AGAINST A COMMERCIAL DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH THE LANE RESTRICTIONS, SO AS TO ALLOW THE ASSESSMENT OF POINTS IN THAT INSTANCE.
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Read the first time and referred to the Committee on Transportation.

S. 528 (Word version) -- Senators McConnell, Branton, Grooms, McGill, Ford and Giese: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT"; TO AMEND SECTION 1-23-570, RELATING TO THE PROVISIONS OF LAW MAKING THE CHIEF JUDGE OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION RESPONSIBLE FOR THE ADMINISTRATION OF THAT DIVISION, SO AS TO PROVIDE THAT, WHEN MAKING ASSIGNMENTS, THE CHIEF JUDGE MUST ASSIGN ONE JUDGE OF THE DIVISION TO HEAR CASES IN WHICH A PETITIONER SEEKS A VARIANCE FROM A STATE LAW OR REGULATION DIRECTLY AFFECTING THE USE OF LAND.
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Senator McCONNELL spoke on the Bill.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 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.

Senator WILSON explained the Bill.

The following House Bill was read the third time and ordered returned to the House with amendments:

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

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

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

By prior motion of Senator McGILL

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

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

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

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

Senators RITCHIE and MESCHER explained the Bill.

S. 253 (Word version) -- Senators Alexander, Branton and Waldrep: A BILL TO AMEND SECTION 16-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME OFFENSES AND PENALTIES, SO AS TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME FROM IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS TO IN EXCESS OF FIVE THOUSAND DOLLARS IN ORDER FOR THE CRIME TO BE IN THE FIRST DEGREE, AND TO CHANGE THE AMOUNT OF THE GAIN OR LOSS RESULTING FROM A COMPUTER CRIME BELOW WHICH THE OFFENSE IS COMPUTER CRIME IN THE SECOND DEGREE FROM NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS TO NOT MORE THAN FIVE THOUSAND DOLLARS.

Senators RITCHIE and ALEXANDER explained the Bill.

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 adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL proposed the following amendment (JUD0321.002), which was adopted:

Amend the committee amendment, as and if amended, page [321-3], line 36, in Section 61-4-737, as contained in SECTION 3, by striking the word /six/ and inserting there in /   twelve /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0321.001), which was adopted:

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

/   Section   1.   Section 61-4-720 of the 1976 Code is amended to read:

"Section 61-4-720.   Notwithstanding any other provision of law, a licensed winery in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell the domestic wine with an alcoholic content of fourteen sixteen percent or less on the winery premises and deliver or ship this wine to consumer homes in or outside the State. These domestic wineries are authorized to provide without cost wine taste samples to prospective customers."

SECTION   2.   Article 7, Chapter 4 of Title 61 of the 1976 Code is amended to read:

"Section 61-4-735.   (A)   Except as provided in Sections 61-4-720 and 61-4-730, a manufacturer of wine, vintner, winery, an entity, or a person who sells these products, or a person or entity who imports these products produced outside the United States must not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a wholesale permit issued under Section 61-4-500, and a holder of a wholesale permit may not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a retail or wholesale permit, unless that person is the American producer or the primary American source of supply of that wine as defined in Section 61-4-340.

(B)   Except as provided in subsection (C), a manufacturer of wine, vintner, winery, importer, or wholesaler of wine, or a person acting on his behalf must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free wine, or service. The holder of a retail permit or a person acting on his behalf may not accept, directly or indirectly, any equipment, fixtures, free wine, or service referred to in this subsection from a manufacturer of wine, winery, importer, or wholesaler of wine, except as provided in subsection (C).

(C)   A wholesaler may furnish at no charge to the holder of a retail permit draft wine equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, product displays as provided under 27 Code of Federal Regulations, Section 6.83 and point of sale advertising specialties. A wholesaler also may furnish the following services to a retailer: cleaning wine lines, rotating stock, affixing price tags to wine products, building wine displays, setting boxes, conduct wine tasting in accordance with department regulations conducting not more than twelve wine tastings in a calendar year in accordance with Section 61-4-737, developing shelf schematics, stocking shelves, providing wine party wagon for temporary use, and assist in wine resets a maximum of three times a year for any store having a retail permit during the hours of 8:00 a.m. to 8:00 p.m. Resets are defined as being a change in the location of the wine department within a store or a rearrangement of the products on shelves within the store's wine department, which involves more than one wholesalers' wholesaler's products. All wholesalers shall must be notified in writing of any resets being requested by a retail store at least fourteen days prior to the reset.

(D)   A producer, winery, vintner, and importer of wine are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. For the purpose of this section, a manufacturer or producer of wine is declared to be a tier one business, a wholesaler or an importer owned solely by a wholesaler is declared to be a tier two business, and a retailer is declared to be a tier three business. Except as provided in Sections 61-4-720 and 61-4-730, a person or entity in the wine business on one tier or a person acting directly or indirectly on his behalf may not have ownership or financial interest in a wine business operation on another tier. This limitation does not apply to the interest held on July 1, 1993, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business. Notwithstanding this prohibition or the prohibition contained in Section 61-4-940(D), a manufacturer or importer of beer or wine may own in whole or in part a business that holds an on-premises retail beer and wine permit provided that:

(1)   All beverages to be handled or sold by such the a retail dealer must be purchased from licensed wholesalers and purchased on the same terms and conditions as do other retail dealers.

(2)   Sales of any product produced or distributed by the manufacturer or importer shall must not exceed ten percent of the annual gross sales of beer or wine by the retail permit holder.

(E)   A manufacturer, producer, importer, or wholesaler of wine may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all retail customers.

(F)   Nothing in this section shall affect or prohibit affects or prohibits the ownership or the operation of a licensed winery in this State that produces, provides taste samples, sells, delivers, or ships domestic wine as authorized and in accordance with the provisions of Sections 61-4-720 and 61-4-730."

SECTION   3.   Article 7, Chapter 4 of Title 61 of the 1976 Code is amended by adding:

"Section 61-4-737.   Notwithstanding any other provision of law or regulation, the holder of a retail wine permit may conduct not more than six wine tastings at the retail location in a calendar year."

SECTION   4.   Section 61-4-770 of the 1976 Code is amended to read:

"Section 61-4-770.   Wines containing more than fourteen sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles."

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 344 (Word version) -- Senators Wilson, Giese, Peeler, Grooms, Bauer, Leatherman and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

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

The Committee on Transportation proposed the following amendment (GGS\22943CM01), which was adopted:

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

/ SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-8700.   (A)   The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand six hundred pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate to a NASCAR driver or team. A NASCAR driver or team may submit to the department for approval of the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, however, the NASCAR driver or team must submit to the department written authorization for the use of a copyrighted or registered logo, trademark, or design. A NASCAR driver or team also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing this license plate. The remaining funds must be distributed as follows:

(1)   fifty percent to the Department of Social Services for children's shelters;

(2)   twenty-five percent to the South Carolina Sports Hall of Fame; and

(3)   twenty-five percent to the Department of Parks, Recreation and Tourism to be used to promote sports-related tourism in this State.

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

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

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

Renumber sections to conform.

Amend title to conform.

Senator WILSON 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.

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 344.

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

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

On motion of Senator PINCKNEY, S. 519 was ordered to receive a third reading on Friday, March 30, 2001.

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

Senator MARTIN explained the Bill.

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

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

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

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

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

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.

S. 522 (Word version) -- Senators Wilson, Ryberg, 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, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001 IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.

By prior motion of Senator WILSON, with unanimous consent

On motion of Senator WILSON, with unanimous consent, the names of Senators ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP were added as co-sponsors of S. 522.

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

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

The Committee on Judiciary proposed the following amendment (JUD0154.002), which was adopted:

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

/   SECTION   1.   Title 15 of the 1976 Code is amended by adding:

Section 15-42-10.   This chapter may be cited as the 'South Carolina Business Debt Recovery Act of 2001'.

Section 15-42-20.   (A)   Each person who has recovered judgment in a court against another person to recover a 'commercial debt', as defined in this chapter, has a right to a writ of garnishment, in the manner provided in this chapter, to satisfy the judgment he has obtained by subjecting to garnishment income, wages, bonuses, and commissions of the judgment debtor. Except for those types of income, no other types of personal property of the debtor are subject to garnishment, and the term 'property' of the debtor or any other similar term, as used in this chapter in regard to garnishment, must be construed in the manner provided in this section.

(B)   The term 'commercial debt' as used in this chapter means a nonconsumer debtor or a debt resulting from a revolving credit account that is not a consumer credit transaction as defined in Section 37-1-301(11) or other debt of a consumer as defined in Section 37-1-301(10). A commercial debt, for purposes of this chapter, does not include a mortgage on a residence that qualifies as a person's legal residence pursuant to Section 12-43-220(c).

(C)   Child support payments are not income subject to garnishment under this chapter. However, garnishment of income for required child support payments otherwise provided for by the laws of this State or under federal law continues in full force and effect and is not affected by the provisions of this chapter.

(D)   For a commercial debt, as defined in subsection (B), to be subject to other provisions of this chapter, the debtor and the creditor before entering into the transaction must agree voluntarily and knowingly, in writing, that the transaction is a commercial debt for this purpose.

Section 15-42-30.   (A)   After judgment has been obtained against a defendant, the judgment creditor must serve notice on the debtor of intent to apply for a writ of garnishment. The judgment creditor also must serve with the notice an affidavit of search stating the amount of the judgment and that the plaintiff has searched for and was unable to find property on which a levy may be made sufficient to satisfy the judgment. The affidavit of search may be filed only after the return of execution has been issued by the sheriff marked "nulla bona". The notice must give the judgment debtor thirty days to serve a written response.

(B)   The notice must be in writing and conspicuously state:

(1)   the name, address, and telephone number of the judgment creditor to whom the garnished payments must be made;

(2)   a brief identification of the debt;

(3)   a statement that, if the debt is not paid, the judgment creditor may apply for a writ of garnishment;

(4)   the debtor's right to cure the debt; and

(5)   the amount of payment and date by which payment must be made to cure the debt before garnishment.

A notice must be substantially in the following form:

_________________________________________________

(name, address, and telephone number of judgment creditor)

_________________________________________________

(name, address, and telephone number of judgment debtor)

_________________________________________________

(amount of judgment now due)

_________________________________________________

(description of judgment)

_________________________________________________

(last date for payment before garnishment applied for)

Section 15-42-40.   (A)(1)   Thirty days after service of the notice, the judgment creditor may file with the circuit court the original notice, affidavit of search, affidavit of service, a response, and a motion for writ of garnishment together with a filing fee of twenty-five dollars.

(2)   If the judgment debtor serves an answer to the notice, the court must set the motion for hearing and notify all parties of the hearing.

(B)   If the judgment debtor fails to answer, the court must issue a writ of garnishment against the judgment debtor for the amount of the judgment. The judgment subjected to the writ of garnishment may not contain interest, attorney's fees, or other default-related charges, except that if the underlying written contractual obligation provides for lawful attorney's fees or interest at or after judgment on the obligation not in excess of the rate of interest lawfully applied to the contract prior to judgment on the obligation, the judgment may contain interest calculated at a rate no higher than the contract rate, and in the absence of a written contract, the legal rate of interest.

(C)   Upon receipt of the writ of garnishment, the judgment creditor must forward a copy to the employer or other garnishee of the judgment debtor, which writ must provide for the periodic payments of a stated portion of the salary or wages of the judgment debtor as provided in Section 15-42-50. The judgment creditor also must forward to the employer or other garnishee instructions for forwarding the remittance by the employer or other garnishee to the judgment creditor must be made, the content of which must be prescribed by court rule.

(D)   Until the judgment is satisfied or until otherwise provided by court order, the court must allow the judgment debtor's employer and subsequent employers or other garnishee to collect up to three dollars against the salary or wages of the judgment debtor to reimburse the employer or other garnishee for administrative costs for each deduction from the judgment debtor's salary or wages.

(E)   The employer or other garnishee must remit the funds withheld to the judgment creditor within fifteen days or by the next pay period, whichever is later, after withholding. An employer or other garnishee who garnishes wages but wilfully violates the requirements of this chapter in regard to the remittance of an employee's earnings or other garnishable income to a judgment creditor is subject to a civil penalty of not more than two hundred fifty dollars for each violation (maximum one penalty per debtor) to be imposed at the discretion of the court. The creditor has a right of action against the employer for any garnished wages not remitted, to include the recovery of reasonable attorney's fees and costs, except that the employer or other garnishee lawfully may cease to withhold funds from the salary or wages of the judgment debtor upon the satisfaction of the judgment or at such time provided otherwise by the court.

(F)   The employee must be credited fully with payment toward the debt in the amount garnished even if those funds are not remitted to the creditor by the employer or other garnishee.

Section 15-42-50.   (A)   As used in this chapter:

(1)   'Disposable earnings' means that part of the earnings of an individual remaining after the deduction from those earnings of the amount of employee-elected benefits and those amounts required by law to be withheld, including child support, state and federal taxes, FICA, and amounts pursuant to Chapter 8 of the Federal Bankruptcy Act.

(2)   'Earnings' means compensation paid or payable for personal service, whether denominated as wages, salary, commission, bonus, or otherwise.

(3)   'Employer' means a person doing business in this State for whom individuals perform a service, of whatever nature, as the employee of the person. If the person for whom the individual performs services does not have control over the payment of wages for the services, the term 'employer' means the person having control of the payment of wages.

(4)   'Person' includes individuals, firms, partnerships, associations, corporations, the State of South Carolina, and political subdivisions of the State of South Carolina.

(B)   Notwithstanding subsection (A) of this section, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment may not exceed twenty-five percent of his disposable earnings for that week. The garnishment must not bring an individual's disposable earnings below the standards set by the Fair Labor Standards Act.

(C)   The limitation of garnishment in subsection (B) applies even if the garnishee receives a writ of garnishment in more than one garnishment case naming the same defendant. A garnishee may not withhold from the disposable earnings of the defendant a sum greater than the amount prescribed by subsection (B), as applicable, regardless of the number of writs. Valid prior recorded writs of garnishment have priority over valid subsequently recorded writs of garnishment.

(D)   The administrative costs in Section 15-42-40(D) must be included for purposes of computing the maximum amount of disposable earnings subject to garnishment.

(E)   In the event of a good faith error by the employer or other garnishee in violation of this section or in violation of the Fair Labor Standards Act, the employer or other garnishee must be held harmless by the creditor or creditors.

(F)   Multiple garnishments of the same judgment debtor must be satisfied in the order, by date, that the employer receives notice under Section 15-42-30(C).

Section 15-42-60.   Within twenty days of full payment of the amount owed, the judgment creditor must file a satisfaction of judgment with the clerk of court in each county where the judgment was filed. A judgment creditor who fails to file a satisfaction of judgment pursuant to this section is subject to a penalty of two hundred fifty dollars payable to the clerk of court.

Section 15-42-70.   (A)   Funds or benefits from a pension or retirement program or funds or benefits from an individual retirement account are exempt from the process of garnishment until paid or otherwise transferred to a member or beneficiary of the program. The funds or benefits, when paid or otherwise transferred to the member or beneficiary, are exempt from the process of garnishment only to the extent provided in Section 15-42-50 for other disposable earnings, except that a greater exemption may be provided in Section 15-41-30 or another provision of law.

(B)   Disability and workers' compensation benefits are not subject to garnishment.

Section 15-42-80.   The remedy provided by this chapter is not exclusive but is in addition to other collection procedures provided by the laws of this State in effect at the time this chapter takes effect and is optional with the judgment creditor.

Section 15-42-90.   This chapter does not apply to garnishment for income tax purposes or other purposes otherwise provided for by the laws of this State."

SECTION   2.   Section 37-5-104 of the 1976 Code is amended to read:

"Section 37-5-104.   With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, except those transactions which are commercial debts as defined in Chapter 42 of Title 15, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings."

SECTION 3.   Section 37-5-108(4) of the 1976 Code is amended by adding the following subsection (g) to read:

"(g)   inducing a debtor or prospective debtor in a consumer credit obligation to sign a statement indicating that the debt or prospective debt in incurred for business or commercial purposes with the effect of making the debt or prospective debt subject to levy or garnishment under the South Carolina Business Debt Recovery Act, Chapter 42 of Title 15, with the purpose or effect of depriving the debtor or prospective debtor of rights he would otherwise have under Title 37. In determining whether a creditor has violated the unconscionability requirements with regard to this subsection, the court may not deem as determinative any statement the debtor or prospective debtor may have signed indicating the debt was incurred for business or commercial purposes but must afford the parties a reasonable opportunity to present evidence as to the conduct of the parties and the setting, purpose, and effect of the agreement or transaction."

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senators RITCHIE and GREGORY 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.

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

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

The Committee on Judiciary proposed the following amendment (JUD0301.005), which was adopted:

Amend the bill, as and if amended, by striking all the bill in its entirety and inserting therein the following:

TO AMEND TITLE 17, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS, POWERS, AND DUTIES OF CORONERS AND MEDICAL EXAMINERS, SO AS TO CONSOLIDATE AND CLARIFY THE DUTIES OF CORONERS AND MEDICAL EXAMINERS; AND TO AMEND SECTIONS 20-7-5915 AND 20-7-5920, RELATING TO THE DEPARTMENT OF CHILD FATALITIES AND THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; TO AMEND SECTION 32-8-325, REGARDING CREMATION, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; AND TO AMEND SECTION 44-43-960, REGARDING DONATION OF BODY PARTS, SO AS TO CONFORM CODE REFERENCES TO THE RENUMBERED SECTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Title 17, Chapter 5 of the 1976 Code is amended to read:

Section 17-5-5.   As used in this chapter:

(1)   'autopsy' means the dissection of a dead body and the removal and examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and manner of death;

(2)   'cause of death' refers to the agent that has directly or indirectly resulted in a death;

(3)   'coroner' means the person elected or serving as the county coroner pursuant to Section 24 of Article V of the South Carolina Constitution, this chapter, and Chapter 7 of Title 17;

(4)   'medical examiner' means the licensed physician or pathologist designated by the county medical examiner's commission pursuant to Article 5 of this chapter for the purpose of performing post-mortem examinations, autopsies, and examinations of other forms of evidence required by this chapter;

(5)   'deputy coroner' means a person appointed pursuant to Section 17-5-70;

(6)   'deputy medical examiner' means a licensed physician employed by the medical examiner, with the approval of the commission, to perform post-mortem examinations, autopsies, and examinations of other forms of evidence as required by this chapter;

(7)   'inquest' means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the manner of death;

(8)   'laboratory' means a laboratory containing facilities for the scientific detection and identification of physical evidence connected with crimes and causes of death and other examinations of tissue, chemical substances, and gases that contribute to the health and well-being of all people;

(9)   'manner of death' refers to the means or fatal agency that caused a death. Manner of death is classified in one of the five following categories: A. natural, B. accident, C. homicide, D. suicide, and E. undetermined;

(10)   'peace officer in charge' means members of the county, city, or town policemen, county, city, or town detectives, South Carolina Highway Patrol, or South Carolina Law Enforcement Division who may be in charge of the investigation of any case involving a death covered by this chapter;

(11)   'post-mortem examination' means examination after death and includes an examination of the dead body and surroundings by the medical examiner but does not include dissection of the body for any purpose.

Section 17-5-10.   There shall must be an election for county coroner by the qualified voters in each county, by the qualified voters thereof, at each alternate general election reckoning from beginning with the election in the year one thousand nine hundred and forty-eight 1948.

Section 17-5-20.   Before receiving his commission, the coroner shall must enter into post a bond, to be executed by him and any number of at least two sureties, but not exceeding more than twelve nor less than two, to be approved, recorded, and filed as prescribed in Chapter 3 of Title 8. The bond shall must be in the penal sum of two thousand dollars.

Section 17-5-30.   Before the coroner is qualified to act, he must take and subscribe the constitutional oath of office and also the additional oath required of such officer by Section 8-3-20. When a person has been elected or designated for appointment to the office of coroner and has taken and subscribed the oaths and given the bond as required by law, the Governor shall must issue a commission to him accordingly.

Section 17-5-40.   The term of office of the A coroner shall be serve a term of office for four years and until his successor shall be is elected or appointed and shall qualify qualifies.

Section 17-5-50.   In the event of a vacancy in the office of coroner, the Governor may fill the office by appointment, as provided in Section 4-11-20.

Section 17-5-60.   The coroner shall must keep an office at the courthouse in his county which shall must have proper fixtures and in which he shall must keep his book of inquisitions.

The provisions of this section, as they relate to office space in the courthouse, shall do not apply to Richland County.

Section 17-5-70.   The A county coroner of any county may appoint one or more deputies to be approved by the judge of the circuit or by any circuit judge presiding therein, who shall must take and subscribe the oath prescribed by the Constitution prior to entering upon the duties of his appointment as a deputy coroner. The oath may be administered by any officer authorized to administer oaths in the county. The appointment must be evidenced by a certificate thereof, signed by the coroner, and shall continue during his continues at the coroner's pleasure. The coroner may take such a bond and surety from his deputy as he may deem considers necessary to secure the faithful discharge of the duties of the appointment, but the coroner shall must always be answerable for the neglect of duty or misconduct in office of such his deputy coroner. When duly qualified, as herein required, the deputy coroner so appointed may do and perform any or all of the duties appertaining to the office of his principal the coroner.

Section 17-5-80.   Any magistrate of the county shall must exercise all the powers and discharge all the duties of the coroner in holding inquests over the body of deceased persons and taking all proper proceedings therein in all cases when the coroner of the county is sick, or absent, or at a greater distance than fifteen miles from the place for such inquiry, or when the office is vacant.

Section 17-5-90.   No coroner shall may act as jailer or deputy sheriff or under any appointment by a sheriff, and if he shall accept accepts or shall act acts under the appointment of the sheriff of his county, his the coroner's office shall must be vacated and shall must be filled in the manner provided by law in case of vacancy from any other cause.

Section 17-5-100.   Coroners shall must execute all legal lawful orders directed to them by the respective governing bodies of their respective counties, or the chairmen thereof, and shall must receive therefor the same fees and costs as are allowed in other cases.

Section 17-5-110.   A county coroner or deputy coroner, while engaged in official duties of his office, is authorized to carry a pistol or other handgun. He is considered so engaged when going to or returning from the actual performance of his duties. However, coroners and deputy coroners must be certified and trained by the South Carolina Law Enforcement Division in the proper use of handguns.

Section 17-5-120.   Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this State are available to a coroner of another state as they are to a coroner in this State if the deceased person was a resident of or is buried in the county in which the coroner serves in the other state. The release of these records to the coroner of another state is not prohibited by Chapter 3 4 of Title 30 or any other provision of law.

Section 17-5-130.   (A)   A coroner in this State must have the following qualifications:

(1)   be a citizen of the United States;

(2)   be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office;

(3)   be a registered voter;

(4)   attained the age of twenty-one years before the date of qualifying for election to the office;

(5)   obtained a high school diploma or its recognized equivalent; and

(6)   have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States.

(B)   Each person serving as coroner in his first term is required to complete a basic training session to be determined by the Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the department within one calendar year of the date of appointment. This section shall must not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall must, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(C)   A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time must attend a minimum of sixteen hours training annually as may be selected by the council South Carolina Law Enforcement Training Council on or before December 31, 1995. Each year thereafter, all coroners and deputy coroners must complete a minimum of sixteen hours training annually as may be selected by the council. Certification or records of attendance or training shall must be maintained as directed by the council.

(D)(1)   The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (B) is excused from the minimum annual training requirements of subsection (C) for the calendar year in which the basic training session is completed.

(2)   The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances.

(3)   A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall must appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.

(E)   The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section April 20, 1995, during his tenure in office.

(F)   The Director of the Department of Public Safety must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall must consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall must serve without compensation.

(G)   Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves, and the South Carolina Law Enforcement Training Council is authorized to set and collect fees for such this training.

Section 17-5-135.   In counties of the State which do not have a medical examiner commission as created by Section 17-5-220, a county coroner or his deputy may authorize the removal of a body pursuant to Section 17-5-300.

Section 17-5-140.   The county coroner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:

(1)   as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)   when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury.

Section 17-5-150.   If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child.

Section 17-5-210.   As used in this article:

(1)   The term 'cause of death' shall refer to the agent which has directly or indirectly resulted in a death.

(2)   The term 'manner of death' shall refer to the means or fatal agency that caused a death. Manner of death shall be classified in one of the five following categories: A. natural, B. accident, C. homicide, D. suicide, E. undetermined.

(3)   The term 'post-mortem examination' shall mean examination after death and shall include an examination of the dead body and surroundings by the medical examiner but shall not include dissection of the body for any purpose.

(4)   The term 'autopsy' shall mean the dissection of a dead body and the removal and examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause and the manner of such death.

(5)   the term 'inquest' shall mean an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the manner of death.

(6)   The term 'county medical examiner' shall refer to the licensed physician or pathologist designated by the county medical examiner's commission pursuant to this article for the purpose of performing post-mortem examinations, autopsies, and examinations of other forms of evidence required by this article.

(7)   The term 'deputy medical examiner' shall mean a licensed physician employed by the county medical examiner, with the approval of the commission, to perform post-mortem examinations, autopsies, and examinations of other forms of evidence as required by this article.

(8)   The term 'laboratory' shall mean a laboratory containing facilities for the scientific detection and identification of physical evidence connected with crimes and causes of death and such other examinations of tissue, chemical substances and gases that will contribute to the health and well-being of all people.

(9)   The term 'peace officer in charge' shall mean members of the county, city, or town policemen, county, city, or town detectives, South Carolina Highway Patrol or South Carolina Law Enforcement Division who may be in charge of the investigation of any case involving a death covered by this article.

Section 17-5-220.   A county with a population of one hundred thousand 100,000 or more, according to the last official United States census, may establish by appropriate implementing resolution, a commission to be known as the medical examiner commission of that county, composed of five members, one of whom must be the chief administrative officer of the county health department who is a permanent member, and four of whom must be appointed by the Governor upon recommendation of the county legislative delegation. The initial terms of the appointive members are as follows: one member for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years. After the initial terms, all members shall serve for terms of four years. The effective date of appointments is July first with terms expiring on June thirtieth. The members shall must serve without compensation. The length of the terms of those who serve first must be determined by lot at the first meeting of the commission.

The commission shall must meet as soon as practicable after appointment and shall must organize itself by electing one of its members as chairman and other officers as may be considered necessary. After this first meeting, the commission shall must meet at least every six months and more often as its duties require, upon the call of the chairman or a majority of its members.

The commission is authorized to adopt and promulgate regulations as it may consider necessary.

Section 17-5-230.   The commission shall must employ a skilled physician or pathologist as county medical examiner for the purpose of performing postmortem examinations, autopsies, and the examination of other forms of evidence as required by this article chapter. The county medical examiner shall must, with the approval of the commission, employ such assistants as are necessary to carry out the purposes of this article chapter. The commission shall must provide the county medical examiner with facilities for proper pathological, toxicological, and other laboratory examinations as may be required in the performance of his the medical examiner's duties.

The commission may enter into an agreement for the use of the laboratory facilities as may be necessary.

Section 17-5-240.   The county In addition to those powers granted in Section 17-5-330, medical examiner is empowered, in addition to those powers granted in Section 17-5-330, to employ with the approval of the commission qualified physicians on a full-time, or part-time, or per diem basis who, as deputy medical examiners, shall must carry out the instructions of the county medical examiner and act in his absence or disqualification. A deputy medical examiner may do and perform any or all of the duties appertaining to the office of the medical examiner.

Section 17-5-250.   The county medical examiner or any deputy medical examiner shall have the power to determine that an autopsy shall be made in addition to the powers vested in other law-enforcement officials to order an autopsy.

Section 17-5-260.   If a person dies as a result of violence, apparent suicide, when in apparent good health, unattended by a physician, or in any suspicious or unusual manner or while an inmate of a penal or correctional institution or stillbirths not attended by a physician, a person having knowledge of the death immediately shall notify the county medical examiner's office. This procedure also must be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body.

The county medical examiner shall make immediate inquiry into the cause and manner of death and shall reduce the findings to writing on forms provided for this purpose retaining one copy and forwarding one copy to the coroner. In the case of violent death, one copy must be forwarded to the county solicitor of the county in which the death occurred. The county medical examiner must notify in writing the deceased person's next-of-kin, if known, that, in the course of performing the autopsy, body parts may have been retained for the purpose of investigating the cause and manner of death.

In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorized to consent, as defined in Section 44-43-330, has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician, coroner, or medical examiner about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.

Section 17-5-265.   The county medical examiner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:

(1)   as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)   when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury.

Section 17-5-270.   The county medical examiner or his deputy shall, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death.

The county medical examiner shall at the time of releasing a body to a funeral director or person acting as such, or as soon as practical thereafter, execute and sign the medical certification of the cause of death on the prescribed form.

In any case where autopsy is scheduled and the county medical examiner wishes to await its gross findings to confirm a tentative clinical finding, he shall give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cannot be signed within the prescribed time set forth, then the county medical examiner shall indicate that the cause of death is pending and sign the certification accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the county medical examiner shall, over his signature, forward the cause of death to the registrar and notify the funeral director involved that such action has been taken.

Section 17-5-275.   If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the appropriate magistrate for a warrant to inspect the home or premises inhabited by the deceased before death. The magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child.

Section 17-5-280.   The office of the county medical examiner examiner's office shall must keep complete indexed records of all deaths investigated, containing all relevant information concerning the death, and the autopsy report, if made. Any prosecuting attorney or law enforcement officer may secure copies of such these records or information necessary to him for the performance of his official duties. Copies of such records or information shall must be furnished upon request to any party to whom the cause of death is a material issue.

Reports of post-mortem examinations, and autopsies, and copies of records, photographs, laboratory findings, and reports in the office of the county medical examiner when duly attested by such officer the medical examiner or his assistant shall must be received as evidence in any court or other proceedings for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto.

Section 17-5-290.   (A)   After the postmortem examination, autopsy, or inquest has been completed, the dead body must be released to the person legally entitled to it for burial. If no person claims the body, the county medical examiner or his deputy shall notify the board created pursuant to Section 44-43-510. If that board does not accept the body, it must be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid either in whole or in part, the estate must be taken for that purpose before an expense under this section is imposed upon a county.

(B)   If the body cannot be identified through reasonable efforts, the coroner shall forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body has not been identified at the end of that time, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition.

(C)   If an unidentified body is preserved at the Medical University, the county is responsible for transporting the body to and from the Medical University; however, the county is not responsible for the cost of preserving the body at the Medical University. If an unidentified body is preserved at the Medical University, the Medical University must absorb the cost of preserving the body for not less than thirty days.

Section 17-5-300.   (a)   It is unlawful for any person to move or authorize removal of a body from the place where the body is found until the investigation is completed and such removal is authorized by the county medical examiner or the deputy medical examiner in charge.

(b)   It is unlawful for any person to move or transport a body across the county line until the investigation of the case, the postmortem examination, or autopsy is complete and until removal of the body is authorized by the county medical examiner or one of his designated assistants.

Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not more than sixty days, or both..

(c)   If a county does not have a medical examiner commission as created by Section 17-5-220, authorization for removal of a body must be obtained from the county coroner or a deputy county coroner.

(d)   No coroner's jury shall be impaneled until the investigation is completed and copies of the reports of the county medical examiner and peace officer in charge are received by the coroner. The jury is not required to view the body.

Section 17-5-305.   If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The medical examiner or coroner shall have the remains buried or interred in a cemetery in the county in which the remains were found.

Section 17-5-310.   When the body of any dead person who died in the county is to be cremated, whoever required the cremation shall secure a permit for the cremation from the county medical examiner or the medical examiner's deputy or the coroner or the deputy coroner, and a person who wilfully fails to secure a permit for cremation is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars and not more than five hundred dollars. A permit for cremation promptly must be acted upon by the county medical examiner or the examiner's deputy or the coroner.

Section 17-5-320.   If in a case of sudden, violent, or suspicious death the body is buried without an investigation by the county medical examiner or by the examiner's deputy medical examiner or by the coroner or deputy coroner, a person having knowledge of this fact shall notify the coroner or the county medical examiner.

Section 17-5-330.   The commission shall must fix the salary of the county medical examiner. The county medical examiner, with the approval of the county medical examiner commission, shall must fix (1) the salaries of the deputy medical examiners and all employees in the charge of the county medical examiner and (2) all fees paid for toxocological examinations and other tests and examinations required. The annual budget for the operation of the county medical examiner system shall must be submitted to and approved by county council governing body.

Section 17-5-510.   In counties which have both a coroner and a medical examiner: (1) the coroner has the ultimate responsibility for carrying out the duties required by this article; and (2) the medical examiner's duties must be specified in an annual written contract between the county governing body and the medical examiner.

Section 17-5-520.   In addition to the powers vested in other law enforcement officials to order an autopsy, the coroner or medical examiner is authorized to determine that an autopsy be made.

Section 17-5-530.   (A)   If a person dies:

(1)   as a result of violence;

(2)   as a result of apparent suicide;

(3)   when in apparent good health;

(4)   when unattended by a physician;

(5)   in any suspicious or unusual manner;

(6)   while an inmate of a penal or correctional institution; or

(7)   as a result of stillbirth when unattended by a physician;

a person having knowledge of the death immediately must notify the county coroner's or medical examiner's office. This procedure also must be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body.

(B)   The coroner or medical examiner must make an immediate inquiry into the cause and manner of death and must reduce the findings to writing on forms provided for this purpose. If the inquiry is made by a medical examiner, the medical examiner must retain one copy of the form and forward one copy to the coroner. In the case of violent death, one copy must be forwarded to the county solicitor of the county in which the death occurred.

(C)   The coroner or medical examiner must notify in writing the deceased person's next-of-kin, if known, that in the course of performing the autopsy, body parts may have been retained for the purpose of investigating the cause and manner of death.

(D)   In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorized to consent, as defined in Section 44-43-330, has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician, coroner, or medical examiner about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.

Section 17-5-540.   The coroner or medical examiner, within twenty-four hours or one working day, whichever occurs first, must notify the Department of Child Fatalities when a child dies in the county he serves:

(1)   as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)   when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.

For the purposes of this section, a child is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury.

Section 17-5-550.   If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner or medical examiner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate must issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child.

Section 17-5-560.   (A)   The coroner, deputy coroner, medical examiner, or deputy medical examiner must, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death.

(B)   The coroner or medical examiner must, at the time of releasing a body to a funeral director or person acting as such, or as soon as practical thereafter, execute and sign the medical certification of the cause of death on the prescribed form.

(C)   In any case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cannot be signed within the prescribed time set forth, the coroner or medical examiner must indicate that the cause of death is pending and sign the certification accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must, over his signature, forward the cause of death to the registrar and notify the funeral director involved that such action has been taken.

Section 17-5-570.   (A)   After the postmortem examination, autopsy, or inquest has been completed, the dead body must be released to the person lawfully entitled to it for burial. If no person claims the body, the coroner or medical examiner must notify the board created pursuant to Section 44-43-510. If the board does not accept the body, the body must be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid either in whole or in part, the estate must be taken for that purpose before an expense under this section is imposed upon a county.

(B)   If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body has not been identified at the end of that time, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition.

(C)   If an unidentified body is preserved at the Medical University, the county is responsible for transporting the body to and from the Medical University; however, the county is not responsible for the cost of preserving the body at the Medical University. If an unidentified body is preserved at the Medical University, the Medical University must absorb the cost of preserving the body for not less than thirty days.

Section 17-5-580.   (A)(1)   It is unlawful for any person to move or authorize removal of a body from the place where the body is found until the investigation is completed and the removal is authorized by the coroner, deputy coroner, medical examiner, or deputy medical examiner in charge.

(2)   It is unlawful for any person to move or transport a body across the county line until the investigation of the case, the postmortem examination, or autopsy is complete and until removal of the body is authorized by the coroner or medical examiner or one of the coroner's or medical examiner's designated assistants.

(3)   Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not more than sixty days, or both.

(B)   No coroner's jury may be impaneled until the investigation is completed and copies of the reports of the county medical examiner and peace officer in charge are received by the coroner. The jury is not required to view the body.

Section 17-5-590.   If the body of a dead person is unidentifiable, the remains may not be cremated for at least thirty days. The coroner or medical examiner must have the remains buried or interred in a cemetery in the county in which the remains were found.

Section 17-5-600.   When the body of any dead person who died in the county is to be cremated, the person who has requested the cremation must secure a permit for the cremation from the coroner, deputy coroner, medical examiner, or deputy medical examiner. A person who wilfully fails to secure a permit for cremation is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars and not more than five hundred dollars. A permit for cremation promptly must be acted upon by the coroner or medical examiner.

Section 17-5-610.   If in a case of sudden, violent, or suspicious death a body is buried without an investigation by the coroner or medical examiner, a person having knowledge of this fact must notify the coroner or the medical examiner."

SECTION   2.   Section 20-7-5915(B)(1) and (7) of the 1976 Code is amended to read:

"(1)   upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265 Section 17-5-540, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall must request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist shall must inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall must begin an investigation;"

"(7)   develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 Section 17-5-540 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol;"

SECTION   3.   Section 20-7-5920(B)(1) of the 1976 Code is amended to read:

"(1)   meet with the department no later than one month after the department receives notification by the county coroner or medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 17-5-540 to review the investigation of the death;"

SECTION   4.   Section 32-8-325(A)(4) of the 1976 Code is amended to read:

"(4)   A cremation permit obtained in accordance with Section 17-5-310 or 17-5-320 17-5-600 or Section 17-5-610."

SECTION   5.   Section 44-43-960 of the 1976 Code is amended to read:

"Section 44-43-960.   If a death is under the jurisdiction of the coroner or medical examiner or coroner, as provided in Section 17-5-260 17-5-530, written or verbal permission must be obtained from the coroner or medical examiner or coroner before organ, tissue, or eye recovery. A coroner or medical examiner or coroner must refer to the South Carolina Donor Referral Network as a potential donor a person whose death occurs outside of a hospital."

SECTION   6.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator FAIR 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.

On motion of Senator FAIR, with unanimous consent, S. 301 was ordered to receive a third reading on Friday, March 30, 2001.

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

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

The Committee on Transportation proposed the following amendment (GGS\22942CM01), which was adopted:

Amend the bill, as and if amended, SECTION 1, Section 56-3-8500, by striking subsection (A) of Section 56-3-8500 and inserting:

/ (A)   The Department of Public Safety may issue special motor vehicle license plates to members of Ducks Unlimited for private passenger carrying motor vehicles or light pickup trucks having an empty weight of six thousand six hundred pounds or less and a gross weight of nine thousand pounds or less registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title that must be deposited in the state general fund and the special fee required by Section 56-3-2020 that must be deposited with the department. From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of producing this license plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. /

Renumber sections to conform.

Amend title to conform.

Senator WILSON 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.

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

On motion of Senator MESCHER, the Bill was committed to the Berkeley County Delegation.

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

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

S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland and Short: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

On motion of Senator RITCHIE, with unanimous consent, the name of Senator RITCHIE was added as a co-sponsor of S. 297.

The following Bills were carried over:

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

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

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

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

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

Senator PEELER spoke on the Bill.

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

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dot Paola of Lexington, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 30, 2001, it stand adjourned to meet next Tuesday, April 3, 2001, at 12:00 Noon, which motion was adopted.

At 10:50 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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