Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear again St. Paul in his second Letter to the Corinthians, Chapter 4:8 (NIV):

"We are hard pressed on every side, but not crushed;

Perplexed, but not driven to despair..."
Let us pray.

Eternal Spirit, we look to You as our Helper and Deliverer. You have heard our desperation prayers in difficult days.

We thank You for the high privilege of being a part of the leadership of a great State in a great nation.

We thank You for the freedom of self-government, even though the system, at times, is hard.

So, in this fresh new day, lead us through the meandering ways of democracy, out of chaotic byways, in committees or on the floor - together in purpose, in plan and in decision.

Say to us, Lord, "LIFT UP YOUR HEARTS."
Amen.

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

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

Document No. 2614
Promulgated by Department of Health and Environmental Control
Definitions, Applying for a Permit, Specific Project Standards for Tideland and Coastal Waters
Received by Lt. Governor May 18, 2001
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date September 19, 2001
(Subject to Sine Die Revision)

Document No. 2629
Promulgated by Department of Health and Environmental Control
Specific Project Standards for Tidelands and Coastal Waters
Received by Lt. Governor May 23, 2001
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date September 19, 2001
(Subject to Sine Die Revision)

Senator PASSAILAIGUE introduced Dr. William M. Simpson, Jr. of Charleston, S.C., Doctor of the Day.

Senator LEVENTIS rose for an Expression of Personal Interest.

H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

The following were introduced:

S. 705 (Word version) -- Senators Branton and Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH TO SUSPEND ITS RELEASE OF POTENTIALLY DANGEROUS PATIENTS FOR NINETY DAYS OR UNTIL THE INVESTIGATION BY THE STATE LAW ENFORCEMENT DIVISION INTO THE DEPARTMENT'S DISCHARGE POLICY IS COMPLETE, WHICHEVER COMES FIRST.
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Senator MOORE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator LEVENTIS spoke on the motion.

Senator LEVENTIS objected.

The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 706 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE DEFINITION OF A LIMOUSINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 707 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO FREEZE THE PRICE OF WHOLESALE GASOLINE FOR EACH OCTANE SOLD IN THIS STATE AT THE AVERAGE PRICE IT SELLS FOR ON JUNE 1, 2001, AS DETERMINED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, AND PROVIDE THAT, IF THE WHOLESALE PRICE OF ANY PETROLEUM PRODUCT INCREASES BETWEEN JUNE 1, 2001, AND DECEMBER 31, 2001, THE INCREASE BECOMES A SURTAX AND MUST BE CREDITED TO THE SOUTH CAROLINA HIGHWAY FUND.
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Senator ELLIOTT explained the Resolution.

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

Senator LEATHERMAN spoke on the motion.

Senator LEATHERMAN objected.

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

S. 708 (Word version) -- Senators Courson and Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA, A FLAGSHIP HIGHER EDUCATION INSTITUTION OF THIS STATE AND ONE OF THE FINEST UNIVERSITIES IN THE NATION, ON THE OCCASION OF ITS BICENTENNIAL.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 709 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 14-25-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATES COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.
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Read the first time and referred to the Committee on Judiciary.

S. 710 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DEBBIE ROGERS OF CHESTER COUNTY UPON HER DEATH AND EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 711 (Word version) -- Senator Pinckney: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE STATE OF SOUTH CAROLINA TO ROSALIE PRAZANT OF BEAUFORT COUNTY FOR HER VISION AS CO-FOUNDER OF THE GULLAH FESTIVAL OF SOUTH CAROLINA, WHICH ATTRACTS NOT ONLY THOUSANDS OF VISITORS TO SOUTH CAROLINA EVERY YEAR BUT ALSO NATIONAL AND INTERNATIONAL ATTENTION TO OUR STATE.
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The Senate Resolution was adopted.

S. 712 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND AND HONOR REVEREND J. A. WILLIAMS OF COLLETON COUNTY UPON THE CELEBRATION OF HIS THIRTY-FIFTH ANNIVERSARY AS PASTOR OF MOUNT ZION BAPTIST CHURCH IN FORT MOTTE, SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 713 (Word version) -- Senators Verdin and O'Dell: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
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Read the first time and, on motion of Senator VERDIN, with unanimous consent, ordered placed on the Local and Uncontested Calendar.

On motion of Senator VERDIN, with unanimous consent, S. 713 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.

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

H. 4143 (Word version) -- Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.

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

H. 4146 (Word version) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.

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

On motion of Senator RITCHIE, with unanimous consent, H. 4146 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4170 (Word version) -- Representative Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE SOUTH CAROLINA TO THE A. C. FLORA HIGH SCHOOL "FALCONS" BOYS BASEBALL TEAM AND COACH ANDY HALLETT ON CAPTURING THE 2001 CLASS AAA STATE BASEBALLCHAMPIONSHEP.

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

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

S. 64 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 20-7-100 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.

Ordered for consideration tomorrow.

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

S. 261 (Word version) -- Senators Reese, Verdin, Bauer and Grooms: 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.

Ordered for consideration tomorrow.

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

S. 280 (Word version) -- Senators Wilson, Ryberg, Gregory and Giese: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.

Ordered for consideration tomorrow.

Columbia, S.C., May 22, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION HAS THE AUTHORITY TO SET THE ANNUAL SALARY AND PER DIEM FOR ITS MEMBERS AFTER CONSIDERATION OF THE ISSUE AT THREE PUBLIC REGULARLY SCHEDULED MONTHLY MEETINGS AND AFTER ALLOWING PUBLIC COMMENT ON THE ISSUE, TO PROVIDE THAT THE COMPENSATION MAY NOT EXCEED THE COMPENSATION PAID TO MEMBERS OF THE BEAUFORT COUNTY COUNCIL, TO PROVIDE FURTHER THAT AFTER DECEMBER 31, 2001, NO INCREASE IN SALARY OR PER DIEM FOR BOARD MEMBERS MAY TAKE EFFECT UNTIL AFTER THE NEXT GENERAL ELECTION FOR SCHOOL BOARD MEMBERS, AND TO PROVIDE THAT THE BOARD MAY ESTABLISH REASONABLE MILEAGE AND EXPENSE REIMBURSEMENTS FOR ITS MEMBERS WHICH MAY NOT EXCEED THE MILEAGE AND EXPENSE REIMBURSEMENT AMOUNTS ESTABLISHED BY THE STATE FOR ITS EMPLOYEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4018 (Word version) -- Reps. Stille, Carnell, Townsend and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-709 SO AS TO DESIGNATE THE HISTORIC ABBEVILLE OPERA HOUSE IN ABBEVILLE, SOUTH CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 23, 2001

Mr. President and Senators:

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

Received as information.

S. 390 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHALL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHALL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

The House returned the Bill with amendments.

On motion of Senator REESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

The House returned the Bill with amendments.

On motion of Senator RANKIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.

The House returned the Bill with amendments.

Senator THOMAS proposed the following amendment (315CITE), which was adopted:

Amend the bill, as and if amended, page 3, line 14, by striking / 41-38-20 / and inserting: / 24-13-2120 /.

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

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

The following Bill and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

H. 4020 (Word version) -- Reps. Frye and Parks: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

By prior motion of Senator BAUER

H. 4095 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER LINE BREAK BE 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.

By prior motion of Senator MARTIN

S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE REPORTING AND THE DELEGATION OF CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES REQUIRED TO BE FOLLOWED BY PERSONS ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REVISE THESE PROVISIONS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS WHICH RESULT IN A SURPLUS, SO AS TO ALLOW A REFUND OF SURPLUS TO AN AGENT OF AN INSURED AND TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS, RATHER THAN THREE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT, RATHER THAN PAID IN ADVANCE; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CAPTIVE INSURERS; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUP IS SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN TO THE DEPARTMENT OF INSURANCE IF THE LAPSE OR TERMINATION OCCURRED WITHIN THREE MONTHS OF THE ISSUANCE OF A NEW POLICY; AND TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT, IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE.

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

Senator THOMAS proposed the following amendment (601DRIVSUSP), which was adopted:

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

/   SECTION___. The 1976 Code is amended by adding:

"Section 56-1-315.   A violation of Section 56-1-460, driving under suspension, must be dismissed by the Department of Public Safety when:

(1) the person has been charged with driving under suspension pursuant to a suspension for an out-of-state motor vehicle violation; and (2)

(3) the person obtains a resolution to the out-of-state motor vehicle violation that is considered satisfactory by the Department of Public Safety."/ (4)

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senator THOMAS proposed the following amendment (601INVEST), which was adopted:

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

/SECTION   __.   Section 38-11-40(i) of the 1976 Code, as amended by Act 181 of 1993, is further amended by adding at the end:

"(4)   If a life insurer, in obligations, or in commercial paper or bankers' acceptances, or similar evidences of indebtedness customarily issued at a discount from principal value, issued, assumed, or guaranteed by any business entity created or existing under the laws of the United States, or any state, which are not in default as to principal or interest; provided, that either the obligation is or the issuing, assuming or guaranteeing business entity's or business entities' long-term obligations are rated one of the four highest grades by any of the nationally recognized statistical rating organizations recognized by the NAIC-SVO or one or two by the NAIC-SVO.

As used in this subitem, 'business entity' means a sole proprietorship, corporation, limited liability company, association, general or limited partnership, joint stock company, joint venture, mutual fund, bank, trust, real estate investment trust, joint tenancy, or other similar form of business organization, whether organized for-profit or not-for-profit.

As used in this subitem, 'obligation' means a bond, note, debenture, trust certificate including an equipment trust certificate, production payment, negotiable bank certificate of deposit, bankers' acceptance, asset-backed security, credit tenant loan, loan secured by financing a net lease or net leases, and other evidence of indebtedness for the payment of money (or participations, certificates or other evidences of an interest in any of the foregoing), whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment."

SECTION   __.   Section 38-11-40 of the 1976 Code, as amended by Act 181 of 1993 is further amended by adding at the end:

"(t)   If a life insurer, foreign investments, other than Canadian investments, of substantially the same types as those that an insurer is permitted to acquire under this chapter."

SECTION   __.   Section 38-11-50(A)(4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(4)   Investments in Section 38-11-40(i)(1), (2), and(3) in the aggregate may not exceed sixty-six and two-thirds percent of the insurer's policyholder obligations, nor may. However, investments in Section 38-11-40(i)(4) may exceed sixty-six and two-thirds percent of the insurer's policyholder obligations. Not more than ten percent of the insurer's policyholder obligations may be invested in one investment under Section 38-11-40(i)."

SECTION   __.   Section 38-11-50(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding item (12) to read:

"(12)   Investments authorized pursuant to Section 38-11-40(t) may not exceed twenty percent of the insurer's policyholder obligations, and the aggregate amount of such investments in a single foreign jurisdiction may not exceed ten percent of its policyholder obligations as to a foreign jurisdiction that has a sovereign debt rating of SVO1, or an equivalent rating by a nationally recognized statistical rating organization recognized by the SVO, or three percent of its policyholder obligations as to any other foreign jurisdiction."/

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

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

S. 171 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE FEE FOR THE LICENSE PLATES.

S. 173 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

S. 392 (Word version) -- Senator Moore: 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 34, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL WILD TURKEY FEDERATION, TO PROVIDE THAT FEES COLLECTED ABOVE THE COST OF A REGULAR MOTOR VEHICLE REGISTRATION FEE MUST BE DISTRIBUTED TO THE NATIONAL WILDLIFE TURKEY FEDERATION, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE PLATES SHALL BE ISSUED.

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

S. 698 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 699 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2616, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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 (JUD0560.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting therein the following:

/   SECTION   1.   Section 5-37-45 of the 1976 Code is amended to read:

"Section 5-37-45.   (A)(1)   The governing body may include within an improvement district an area within the municipality in which the proposed improvements have been constructed or are under construction at the time of the establishment of the improvement district.

(2)   Before the commencement of the construction of these improvements, a written agreement with the owner of the area to be improved is must be entered into by the municipality authorizing the construction of the improvements in anticipation of the inclusion of the area which is improved in the improvement district upon such terms and conditions as the governing body agrees, including the reimbursement, as a cost of constructing improvements under this chapter, of any monies expended for the construction before and subsequent to the establishment of the improvement district. Any agreement providing for the construction of the improvements before the establishment of the improvement district must be authorized by an ordinance of the governing body, notice of which must be given by publication in a newspaper of general circulation within the municipality, appearing at least seven days before the final adoption of the ordinance. Any agreements entered into in accordance with the foregoing conditions before the effective date of this section are ratified and confirmed and the area improved declared eligible for inclusion in the improvement district as proposed in the agreement.

(B)   The provisions of item (2) of subsection (A) do not apply to any area proposed for inclusion within an improvement district which, within three years prior to the date of the adoption of the resolution required by Section 5-37-50, is subject to a development agreement pursuant to the South Carolina Local Government Development Agreement Act."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN 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. 572 (Word version) -- Senators Wilson, Courson, Bauer and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.

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

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.

Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.

On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 408.

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

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

Senator MESCHER proposed the following amendment (SWB\ 5491DJC01):

Amend the bill, as and if amended, SECTION 1, page 2, line 1, by inserting a period / . / after / Congress / and striking / and his appointment must be approved by the Governor. / from the end of the last sentence of the first paragraph of SECTION 1.

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

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

At 12:48 P.M., Senator LEATHERMAN 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 2:10 P.M.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

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

On motion of Senator LEATHERMAN, debate was interrupted by recess.

At 12:50 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:00 P.M.

The Senate reassembled, at 2:05 P.M., and was called to order by the PRESIDENT.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 23, 2001, at 2:10 P.M. and the following Acts and Joint Resolutions were ratified:

(R41, S. 67 (Word version)) -- Senators Mescher and Branton: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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(R42, S. 70 (Word version)) -- Senators Hayes, Elliott, Reese and Branton: AN ACT TO AMEND SECTION 2-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SO AS TO FURTHER PROVIDE FOR THE ANNOTATION OF DECISIONS OF CERTAIN COURTS AND 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.
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(R43, S. 143 (Word version)) -- Senators Leatherman and Branton: AN ACT TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR ELECTRONIC COLLECTION THROUGH A THIRD-PARTY ADMINISTRATOR AND FOR OTHER MEDIA OF COLLECTION UPON APPROVAL BY THE COUNTY GOVERNING BODY, TO PROVIDE FOR DISTRIBUTION OF COLLECTED TAXES AMONG TAXING ENTITIES, AND TO PROVIDE FOR IMPOSITION OF A SURCHARGE SUFFICIENT TO COVER COLLECTION COSTS.
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(R44, S. 163 (Word version)) -- Senators Martin and Reese: AN ACT TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS IN A FISCAL YEAR AND TO PROVIDE THAT IF A RETIRED MEMBER OF THESE SYSTEMS RETURNS TO COVERED EMPLOYMENT SOONER THAN SIXTY DAYS AFTER RETIREMENT THE MEMBER'S RETIREMENT ALLOWANCE IS SUSPENDED WHILE THE MEMBER REMAINS IN THE COVERED EMPLOYMENT; AND TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO REDUCE FROM FORTY TO TWENTY-FIVE YEARS THE SERVICE REQUIRED FOR A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF SEVENTY AND ONE-HALF YEARS TO RECEIVE RETIREMENT BENEFITS FROM THE SYSTEM WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY.
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(R45, S. 205 (Word version)) -- Senator Matthews: AN ACT TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
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(R46, S. 218 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
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(R47, S. 219 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES, AND TO PROHIBIT INVESTMENT BY THE STATE TREASURER IN AN OBLIGATION OF A COUNTRY DETERMINED TO BE IN VIOLATION OF HUMAN RIGHTS.
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(R48, S. 289 (Word version)) -- Senators McConnell, Moore and Ritchie: AN ACT TO AMEND SECTION 2-19-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATING PROCESS OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE A TWO-WEEK PERIOD BETWEEN THE DATE OF THE JUDICIAL MERIT SELECTION COMMISSION'S NOMINATIONS TO THE GENERAL ASSEMBLY AND THE DATE THE GENERAL ASSEMBLY CONDUCTS THE ELECTION FOR THESE JUDGESHIPS.
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(R49, S. 295 (Word version)) -- Senators Martin and Alexander: AN ACT TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO CHANGE THE FILING DEADLINES TO BE CONSISTENT WITH STATE LAW AND TO CORRECT REFERENCES TO THE REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY.
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(R50, S. 316 (Word version)) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: AN ACT TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 2-48-60, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY, SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
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(R51, S. 343 (Word version)) -- Senator Hayes: AN ACT TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR AN INTERIM ADVISORY COMMITTEE UNTIL ANESTHESIOLOGIST'S ASSISTANTS ARE ABLE TO BE APPOINTED, AND TO REQUIRE THE BOARD OF MEDICAL EXAMINERS TO EVALUATE THE LIMITATION ON THE NUMBER OF ANESTHESIOLOGIST'S ASSISTANTS A PHYSICIAN CAN SUPERVISE AND TO REPORT ITS FINDINGS AND MAKE RECOMMENDATIONS.
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(R52, S. 356 (Word version)) -- Senators McGill, Ravenel and Land: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.
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(R53, S. 384 (Word version)) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: AN ACT TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE FROM SIX THOUSAND POUNDS TO SEVEN THOUSAND POUNDS.
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(R54, S. 441 (Word version)) -- Senators Martin, Giese, Richardson, Wilson, Leventis, Alexander and Branton: AN ACT TO AMEND SECTION 7-13-110, AS AMENDED, 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.
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(R55, S. 484 (Word version)) -- Finance Committee: AN ACT 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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(R56, S. 495 (Word version)) -- Senators Wilson, Verdin and McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW LICENSE PLATES MUST BE PROVIDED AT LEAST EVERY SIX YEARS, AND TO REQUIRE THAT A PORTION OF CERTAIN LICENSE PLATE OR REGISTRATION FEES MUST BE USED FOR THE COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW PLATES.
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(R57, S. 537 (Word version)) -- Banking and Insurance Committee: AN ACT 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 SPONSORED CAPTIVE INSURANCE COMPANY AND 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; BY ADDING SECTION 38-90-235 SO AS TO MAKE THE TERMS AND CONDITIONS RELATING TO A PROTECTED CELL INSURANCE COMPANY APPLY TO A SPONSORED CAPTIVE INSURANCE 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 38-90-100, RELATING TO INVESTMENT REQUIREMENTS, SO AS TO DELETE A SPONSORED CAPTIVE INSURANCE COMPANY FROM INVESTMENT REQUIREMENTS, TO AMEND SECTION 38-90-150, RELATING TO PROMULGATION OF REGULATIONS, SO AS TO PROVIDE FOR THE ADOPTION OF RULES AND ISSUANCE OF ORDERS BY THE DIRECTOR; TO AMEND SECTION 38-90-180, RELATING TO CAPITAL AND SURPLUS OF A SPONSORED CAPITAL INSURANCE COMPANY, SO AS TO PROHIBIT THE USE BY A SPONSORED CAPTIVE INSURANCE COMPANY OF ITS CAPITAL AND SURPLUS TO PAY EXPENSES OR CLAIMS OF A PROTECTED CELL; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO ALLOW THE SPONSOR TO BE AN INSURANCE HOLDING COMPANY CONTROLLING AN INSURER LICENSED IN ANY STATE AND REGISTERED IN ITS STATE OF DOMICILE, AND TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-90-230, RELATING TO PARTICIPANTS IN A SPONSORED CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW THE DIRECTOR TO APPROVE WAIVERS OF LIMITATIONS ON INSURANCE OF RISKS; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; AND TO AMEND SECTION 38-9-200, AS AMENDED, RELATING TO CREDIT ALLOWANCE FOR INSURANCE COMPANIES, SO AS TO PROHIBIT CREDIT FOR REINSURANCE BASED ON THE STATUS OF A CAPTIVE REINSURANCE COMPANY.
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(R58, S. 538 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.
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(R59, S. 567 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R60, S. 568 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R61, S. 571 (Word version)) -- Senator Hawkins: AN ACT TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO DECREASE THE TERM OF OFFICE OF THE MEMBERS FROM SIX YEARS TO FOUR YEARS; AND TO AMEND ACT 500 OF 1998 TO PROVIDE THAT THE TWO ADDITIONAL MEMBERS OF THE BOARD ADDED BY THIS ACT MUST BE APPOINTED TO OFFICE AS PROVIDED BY LAW.
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(R62, S. 579 (Word version)) -- Senator Elliott: AN ACT TO PROVIDE FOR PAYMENT OF AN ADDITIONAL ANNUAL PER DIEM FOR THE CHAIRMAN OF THE DILLON COUNTY TRANSPORTATION COMMITTEE.
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(R63, S. 593 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO IS 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.
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(R64, S. 624 (Word version)) -- Senator J. Verne Smith: A JOINT RESOLUTION TO REDUCE FROM EIGHT HUNDRED EIGHTY DOLLARS TO EIGHT HUNDRED SEVENTEEN DOLLARS THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURED STANDARD LICENSE PLATE FOR VEHICLES IN ITS EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES, TO LIMIT THE REDUCED FEE TO APPLICATIONS FILED IN 2002, AND TO PROPORTIONATELY REDUCE THE ALLOCATIONS OF THIS FEE REVENUE.
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(R65, H. 3013 (Word version)) -- Reps. Vaughn, Altman, Barrett, J. Brown, Cobb-Hunter, Cotty, Davenport, Harvin, Leach, Littlejohn, Loftis, Rodgers, Taylor, Wilder, Witherspoon, Walker, W.D. Smith, Harrison, Stille, Whatley, Clyburn and Robinson: AN ACT TO AMEND ARTICLE 1, CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR STATE OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-17 SO AS TO AUTHORIZE SPECIFICALLY THE USE OF FLEXIBLE SCHEDULING BY A STATE AGENCY AND INSTITUTION IN DETERMINING AN EMPLOYEE'S MINIMUM FULL-TIME WORKWEEK SCHEDULE, INCLUDING HOURS BEFORE EIGHT-THIRTY A.M. AND AFTER FIVE P.M., SO LONG AS THE CAPACITY OF THE AGENCY OR INSTITUTION IS NOT IMPAIRED.
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(R66, H. 3087 (Word version)) -- Rep. Barrett: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
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(R67, H. 3237 (Word version)) -- Reps. Witherspoon, Frye and Littlejohn: AN ACT 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.
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(R68, H. 3263 (Word version)) -- Rep. Davenport: AN ACT 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".
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(R69, H. 3287 (Word version)) -- Reps. White, Barrett, J. Brown, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Harrell, Harrison, Hinson, Hosey, Kelley, Klauber, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sharpe, Sinclair, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Webb and Wilder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE, TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES MUST BE ACQUIRED, MAINTAINED, AND OPERATED, AND TO ESTABLISH QUALIFICATIONS FOR VETERANS AND OTHERS FOR A PLOT IN A VETERANS' CEMETERY.
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(R70, H. 3302 (Word version)) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
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(R71, H. 3359 (Word version)) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: AN ACT TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, BARTER, OR HAVE IN POSSESSION FOR SALE LIVE DEER, CERTAIN DEER PARTS, OR VENISON EXCEPT AS PROVIDED IN SECTION 50-11-1920; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO PERMITS FOR THE SALE OF EXOTIC FARM-RAISED VENISON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF EXOTIC FARM-RAISED VENISON PRODUCTS THAT ARE FULLY COOKED OR PRESERVED IN A MANNER ALLOWING FOR HUMAN CONSUMPTION WITH NO FURTHER PREPARATION.
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(R72, H. 3366 (Word version)) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIMESHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED AN UP-FRONT MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION; AND TO AMEND SECTION 27-32-320, RELATING TO FORECLOSURE OF MORTGAGE AND ASSESSMENT LIENS IN REGARD TO VACATION TIMESHARING UNITS AND PROVISIONS IN THE TIMESHARE INSTRUMENT IN REGARD THERETO, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AMENDMENTS TO THE TIMESHARE INSTRUMENT MAY BE MADE.
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(R73, H. 3380 (Word version)) -- Reps. Jennings and Kelley: AN ACT TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.
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(R74, 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: AN ACT 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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(R75, H. 3506 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R76, H. 3533 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
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(R77, H. 3534 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS; TO AMEND SECTION 59-111-20, AS AMENDED, RELATING TO FREE HIGHER EDUCATION TUITION FOR CHILDREN OF CERTAIN WARTIME VETERANS, SO AS TO PROVIDE THAT CHILDREN OF VETERANS WHO HAVE BEEN AWARDED THE PURPLE HEART FOR WOUNDS RECEIVED IN COMBAT ALSO QUALIFY FOR SUCH TUITION; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS; TO AMEND SECTION 59-18-1930, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.
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(R78, H. 3542 (Word version)) -- Reps. Allison, Cotty, McCraw, J.R. Smith and Knotts: A JOINT RESOLUTION TO PROVIDE THAT LAPSED EDUCATION IMPROVEMENT ACT FUNDS OF THE DEPARTMENT OF EDUCATION FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM REQUIRED SPENDING REDUCTIONS.
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(R79, H. 3600 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO PROVIDE THAT THE COMMITTEE IN ALL RATINGS RATHER THAN JUST IN THE IMPROVEMENT RATING SHALL CONSIDER CERTAIN CRITERIA.
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(R80, H. 3639 (Word version)) -- Reps. Wilkins, Keegan and Kelley: AN ACT TO AMEND SECTION 59-111-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY DEPARTMENT AND THE DEVELOPMENT OF A LOAN REPAYMENT PROGRAM TO ENABLE QUALIFIED STATE RESIDENTS TO ATTEND COLLEGE AS AN ENLISTMENT OR RETENTION INCENTIVE FOR THE NATIONAL GUARD, SO AS TO AUTHORIZE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP AND MANAGE THE PROGRAM INSTEAD OF THE ADJUTANT GENERAL AND TO FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM; BY ADDING SECTION 59-114-75 SO AS TO PROVIDE THAT NATIONAL GUARD TUITION ASSISTANCE GRANTS MAY NOT BE MADE AFTER JUNE 30, 2001, AND TO PROVIDE FOR TRANSITIONAL PROVISIONS TO EFFECTUATE THE ABOVE INCLUDING A PROVISION THAT THE COMMISSION ON HIGHER EDUCATION SHALL BE RESPONSIBLE FOR ADMINISTERING TUITION ASSISTANCE GRANTS MADE BEFORE JULY 1, 2001.
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(R81, H. 3642 (Word version)) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye, Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: AN ACT TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.
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(R82, H. 3644 (Word version)) -- Reps. Breeland, Gourdine, J. Hines, Robinson, Bales, Battle, R. Brown, Cato, Clyburn, M. Hines, Hosey, Klauber, Law, Littlejohn, Mack, Owens, Rhoad, Scarborough, Scott, Simrill, Trotter, Vaughn, Webb, Whipper and Altman: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS, AND STAFFING.
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(R83, H. 3657 (Word version)) -- Reps. Cato, Robinson, Bingham, G. Brown, Campsen, Edge, Harrison, Jennings, Kelley, Kirsh, Lourie, Miller, Quinn, Rhoad, Rodgers, J.E. Smith, Tripp, Weeks, Whipper and White: AN ACT TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE GIFT CERTIFICATES FROM THE DEFINITION OF "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-150, RELATING TO GIFT CERTIFICATES AND CREDIT MEMOS BEING PRESUMED ABANDONED WHEN NOT CLAIMED WITHIN FIVE YEARS, SO AS TO REMOVE GIFT CERTIFICATES FROM THIS PRESUMPTION OF BEING ABANDONED; TO ADD SECTION 27-18-175 SO AS TO PROVIDE THAT THE UNIFORM UNCLAIMED PROPERTY ACT DOES NOT APPLY TO FORFEITED RESERVATION DEPOSITS; AND TO PROVIDE THAT THIS ACT APPLIES TO GIFT CERTIFICATES ISSUED AFTER JUNE 30, 1996, OR GIFT CERTIFICATES THAT HAVE NOT BEEN REPORTED AS ABANDONED BEFORE JULY 1, 2001.
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(R84, H. 3685 (Word version)) -- Reps. Hayes and M. Hines: AN ACT TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
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(R85, H. 3721 (Word version)) -- Reps. Cato, J.E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: AN ACT TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF   FIVE DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF TWO DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE.
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(R86, H. 3763 (Word version)) -- Rep. W.D. Smith: AN ACT TO AUTHORIZE THE WHITNEY RESCUE SQUAD IN SPARTANBURG COUNTY TO TRANSFER AND THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY TO ACCEPT ALL OF THE DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE SQUAD ON SUCH TERMS THE GOVERNING BODIES CONSIDER APPROPRIATE.
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(R87, H. 3821 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
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(R88, H. 3879 (Word version)) -- Reps. Klauber, Carnell and Parks: AN ACT TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SCHOOL DISTRICT 51 COMPOSED OF AREAS OF ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF DISTRICTS 51 AND 52 TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 IS CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
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(R89, H. 3880 (Word version)) -- Rep. Cato: AN ACT TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.
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(R90, H. 3890 (Word version)) -- Reps. Townsend, Harrell, Allison, Hayes, Jennings, McCraw, Phillips and Miller: A JOINT RESOLUTION TO AUTHORIZE THE REALLOCATION OF TECHNICAL ASSISTANCE FUNDING UNDER THE EDUCATION ACCOUNTABILITY ACT FOR SPECIFIED ASSISTANCE TO LOW-PERFORMING SCHOOLS AND TO PROVIDE THE MANNER IN WHICH AND CRITERIA UNDER WHICH THIS SPECIAL ASSISTANCE SHALL BE PROVIDED.
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(R91, H. 3917 (Word version)) -- Reps. Harrell, Keegan and Limehouse: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOWCOUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.
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(R92, H. 3932 (Word version)) -- Reps. Law, Hinson, Merrill and Dantzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES PROVIDED FOR IN CHAPTERS 5 AND 7 OF TITLE 58, EXCEPT FOR THE PROVISION OF GAS SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN A PRIVATELY OWNED INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.
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(R93, H. 4018 (Word version)) -- Reps. Stille, Carnell, Townsend and Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-709 SO AS TO DESIGNATE THE HISTORIC ABBEVILLE OPERA HOUSE IN ABBEVILLE, SOUTH CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.
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S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

Senator PINCKNEY was recognized.

With Senator PINCKNEY retaining the floor, Senator MARTIN announced a meeting of the Rules Committee in the third floor conference room.

Senator MOORE made a Parliamentary Inquiry as to whether a meeting called by the Chairman of the Rules Committee complied with the provisions of the Freedom of Information Act.

Senator MARTIN indicated that the proper notice would be given.

Senator MOORE made a Parliamentary Inquiry as to whether there is a 24-hour notice requirement under the Freedom of Information Act?

Senator MARTIN indicated that notice would be given in compliance with the Freedom of Information Act.

Senator MARTIN continued speaking.

At 2:37 P.M., with Senator MARTIN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 2.43 P.M., the Senate resumed.

Senator MARTIN continued speaking.

At 2:50 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed ten minutes.

At 3:14 P.M., the Senate resumed.

Senator MARTIN continued speaking.

Senator PINCKNEY spoke on the Bill.

At 3:27 P.M., Senator RITCHIE assumed the Chair.

Senator PINCKNEY spoke on the Bill.

Senator RICHARDSON asked unanimous consent to make a motion to carry over the Bill.

Senator SETZLER objected.

Senator PINCKNEY spoke on the Bill.

At 3:33 P.M., the PRESIDENT assumed the Chair.

Senator PINCKNEY continued speaking on the Bill.

At 4:20 P.M., Senator HAYES assumed the Chair.

Senator PINCKNEY continued speaking on the Bill.

With Senator PINCKNEY retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 496 and asked for a Committee of Conference.

Whereupon, Senators McCONNELL, MARTIN and MOORE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

At 4:30 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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