Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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, hear St. Matthew's record of another who faced a crisis in his mission. Chapter 26:40ff:
"... He said to Peter, 'So, could you not watch with me one hour? Watch and pray that you may not enter into temptation; the spirit indeed is willing, but the flesh is weak'."
Let us pray.
Father, yes, the spirit is willing, but the flesh is weak!
We understand our mission! Help us to unify our goals!
We stand before Your Throne in this holy moment! Renew our strengths of body... mind... and heart!
We've heard humanity's cry! We hear Your Call to our highest duty! Give us receptive hearts and some clarity to our common perceptions!
Help us to respond, not fretfully or feverishly, but with cool logic and warm compassion toward all who are looking to us for help!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Southern Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Municipalities
Fred H. Boatwright, P. O. Box 1057, Orangeburg, S.C. 29116
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Soil and Water Conservation
John Leroy, 140 Savannah Street, Calhoun Falls, S.C. 29628
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Power Generation Facilities
J. Steve Hammond, 519 Tall Ships Drive, Salem, S.C. 29676
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001
5th Congressional District
Rev. Flor Morales, 2759 Chester Highway, York, S.C. 29745 VICE Robert A. Reagan
Referred to the Committee on Judiciary.
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004
5th Congressional District
Rev. Flor Morales, 2759 Chester Highway, York, S.C. 29745
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2000, and to expire August 1, 2005
Attorney
Pamela Denise Brown, Esquire, 4790-D Champion Way, North Charleston, S.C. 29418 VICE Henry L. Hamilton
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Board of Podiatry Examiners, with term coterminous with Governor
At-Large
Marshall N. Kalinsky, D.P.M., 18 Leinbach Drive, Suite E, Charleston, S.C. 29407
Referred to the Committee on Medical Affairs.
The following was received and referred to the appropriate committee for consideration:
Document No. 2626
Agency: Commission on Higher Education
Subject: Licensing Nonpublic Postsecondary Educational Institutions
Received by Lieutenant Governor June 1, 2001
Referred to Education Committee
Legislative Review Expiration September 29, 2001
(Subject to Sine Die Revision)
At 2:10 P.M., Senator McCONNELL requested a leave of absence from 2:30 - 4:45 P.M.
On motion of Senator RITCHIE, at 2:10 P.M., Senator BRANTON was granted a leave of absence for today.
On motion of Senator RICHARDSON, at 2:10 P.M., Senator RYBERG was granted a leave of absence for today.
H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
Senator ALEXANDER 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.
H. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
S. 129 (Word version) -- Senators Moore and Setzler: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1993 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
Senator MOORE asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance and place it on the Calendar for consideration.
Senator LEATHERMAN objected to recalling the Resolution.
Columbia, S.C., May 31, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.
The House returned the Bill with amendments.
Senator MOORE explained the House amendments.
Senator HUTTO proposed the following amendment (JUD0536.001), which was adopted:
Amend the bill, as and if amended, page 4, in Section 56-3-8000(A), as contained in SECTION 7, by striking line 33 in its entirety and inserting therein the following:
/ pursuant to either Section 501(C)(3) or , 501(C)(7), or 501(C)(8) of the Federal /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators FORD, GLOVER and JACKSON proposed the following amendment (JUD0536.002), which was adopted:
Amend the bill, as and if amended, page 4, line 40, by striking SECTION 8 in its entirety and inserting therein the following:
/SECTION 8. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-7000. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 9. Section 56-5-7000 is repealed July 1, 2006.
SECTION 10. SECTIONS 1 through 7 take effect upon approval by the Governor. SECTIONS 8 and 9 take effect on July 1, 2002./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
The following were introduced:
S. 728 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO COMMEND RICHIE PARKER OF BEAUFORT FOR HIS EFFORTS TO OVERCOME THE PHYSICAL CHALLENGES THAT LIFE HAS PRESENTED HIM AND TO CONGRATULATE HIM ON HIS NUMEROUS ACCOMPLISHMENTS AS A STUDENT AND AS A CITIZEN OF THIS STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 729 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.
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Read the first time and, on motion of Senator MATTHEWS, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator MATTHEWS, with unanimous consent, S.729 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Haskins, Cobb-Hunter, Gilham, Meacham-Richardson, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Read the first time and referred to the Committee on Judiciary.
H. 4115 (Word version) -- Reps. Wilkins and W.D. Smith: A JOINT RESOLUTION TO PROVIDE THAT THE TIME PERIODS STIPULATED IN THE ADMINISTRATIVE PROCEDURES ACT FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ARE TOLLED FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, TO PROVIDE THAT THE AUTHORITY FOR THE GENERAL ASSEMBLY TO APPROVE, DISAPPROVE, OR OTHERWISE ACT ON REGULATIONS ALSO CEASES FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, AND TO PROVIDE THAT FROM JUNE 7, 2001, UNTIL THE DATE THE GENERAL ASSEMBLY RECONVENES FOR ITS 2002 SESSION, EMERGENCY REGULATIONS OR THE RENEWAL OF EMERGENCY REGULATIONS ARE PERMITTED AS THOUGH THE GENERAL ASSEMBLY WERE NOT IN SESSION.
Read the first time and referred to the Committee on Judiciary.
H. 4225 (Word version) -- Reps. J.E. Smith, Harrison, Rutherford and Lourie: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE HAND MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT 1 UPON BEING NAMED TIME MAGAZINE SCHOOL OF THE YEAR, AN HONOR THAT RECOGNIZES KINDERGARTEN THROUGH TWELFTH GRADE SCHOOLS THAT ARE CONSIDERED "EDUCATIONAL PIONEERS" AND WISH THE SCHOOL CONTINUED SUCCESS IN ALL ITS ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4227 (Word version) -- Reps. Scott, J. Brown, Howard, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND REVEREND BOBBY L. SMITH OF HOPKINS, THE PASTOR OF ZION CANAAN BAPTIST CHURCH IN COLUMBIA, AS HE COMPLETES TEN BLESSED YEARS AS THE CHURCH'S SENIOR PASTOR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4228 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WILLIAMSBURG COUNTY ON ITS OUTSTANDING ECONOMIC GROWTH AND SUCCESS DURING THE YEAR 2000 AND DURING THE LAST SEVERAL YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4229 (Word version) -- Reps. Riser and Koon: A CONCURRENT RESOLUTION TO COMMEND THE COACH AND MEMBERS OF THE LEXINGTON HIGH SCHOOL SOFTBALL TEAM FOR THEIR FINE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2001 STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4230 (Word version) -- Reps. Sharpe and Frye: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE W. WYMAN KING ACADEMY BASEBALL TEAM ON THEIR MEMORABLE AND RECORD SETTING SEASON AND TO CONGRATULATE THE "KNIGHTS" ON WINNING THE 2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA BASEBALL STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GREGORY from the Committee on Fish, Game and Forestry polled out H. 4051 favorable:
H. 4051 (Word version) -- Reps. Sharpe, Rhoad, McLeod, Koon, Bales, Battle, Frye, Gourdine, Riser, Snow, Townsend and Webb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA FOR ITS COMMITMENT TO RESPONSIBLE USE OF NATURAL RESOURCES AND FOR THE CREATION AND IMPLEMENTATION OF THE SUSTAINABLE FORESTRY INITIATIVE AS A MEANS TO THE RESPONSIBLE USE OF THE NATURAL RESOURCES OF THIS STATE.
AYES
Gregory Branton Drummond Elliott Grooms Holland Hutto Land McGill Mescher Moore Passailaigue Peeler Ravenel Ritchie Verdin Waldrep
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Resolution was read the third time and ordered returned to the House with amendments:
H. 3379 (Word version) -- Rep. J. Brown: A JOINT RESOLUTION TO ESTABLISH THE NEWBORN EYE SCREENING TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING SCREENING NEWBORN CHILDREN FOR CERTAIN OCULAR DISEASES AND ABNORMALITIES.
Senator FORD asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Resolution was read the third time and ordered returned to the House.
H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J.M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators DRUMMOND and McCONNELL proposed the following amendment (JUD4015.003), which was adopted:
Amend the bill, as and if amended, page 1, line 33, by adding an appropriately numbered SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 1-1-677. Indiangrass, sorghastrum nutans, is designated as the official grass of the State. In making this designation, the General Assembly makes no warranty or endorsement of Indiangrass as a commercial product, but recognizes Indiangrass as a native, non-noxious plant, with a historical, continuing, widespread, and beneficial existence in South Carolina." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator LEVENTIS desired to be recorded as abstaining from voting on the adoption of the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.
Senator LEVENTIS desired to be recorded as abstaining from voting on the third reading of the Bill.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 726 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Senator HUTTO explained the Bill.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar, carrying over all amendments to third reading:
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY FOR PURPOSES OF ASSESSMENT OF TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE DESIGNATE THE BOOK OF VEHICLE VALUATIONS FOR PURPOSES OF ESTABLISHING THE VALUATIONS, TO REDUCE THE MAXIMUM VALUATION FROM NINETY-FIVE PERCENT TO EIGHTY-FIVE PERCENT OF THE SUGGESTED RETAIL PRICE OF A NEW VEHICLE, WATERCRAFT, OR PERSONAL AIRCRAFT, AND TO REQUIRE A TEN PERCENT REDUCTION OF THE PREVIOUS YEAR'S VALUE IN SUBSEQUENT YEARS; TO AMEND SECTION 12-37-2640, RELATING TO DETERMINATION OF THE ASSESSED VALUE OF A MOTOR VEHICLE BY THE COUNTY AUDITOR, SO AS TO REQUIRE THE USE OF THE NATIONALLY RECOGNIZED PUBLICATION OF VEHICLE VALUATIONS AS DESIGNATED BY THE DEPARTMENT, TO PROVIDE A LIMITED ALTERNATIVE, AND TO ESTABLISH A MINIMUM AND MAXIMUM ASSESSED VALUE FOR A MOTORCYCLE BASED ON ITS MODEL YEAR; TO AMEND SECTION 12-37-2680, RELATING TO THE TIME FOR DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT PUBLISH A VEHICLE VALUATION GUIDE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATES COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 4214 (Word version) -- Rep. Battle: A BILL TO AUTHORIZE THE MARION COUNTY BOARD OF EDUCATION TO CONSOLIDATE MARION COUNTY SCHOOL DISTRICTS THREE AND FOUR, TO PROVIDE THAT THE CONSOLIDATED DISTRICT MAY BE KNOWN AS "MARION COUNTY SCHOOL DISTRICT SEVEN", AND TO PROVIDE FOR THE BOARD OF TRUSTEES OF SUCH CONSOLIDATED SCHOOL DISTRICT.
On motion of Senator GLOVER, H. 4214 was ordered to receive a third reading on Tuesday, June 5, 2001.
S. 674 (Word version) -- Senators Wilson, Grooms, Hawkins, Rankin and Passailaigue: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NON-FRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NON-FRANCHISE AUTOMOBILE DEALERS.
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 (DKA\4531MM01), which was adopted:
Amend the bill, as and if amended, Section 56-15-410, SECTION 1, page 2, by inserting after line 11:
/ (E) A non-franchise automobile dealer whose primary business objective is the rebuilding of salvage motor vehicles, as regulated by Title 56, is exempt from the requirements of this article. /
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 and ordered placed on the third reading Calendar.
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators THOMAS and LAND proposed the following amendment (GJK\20760SD01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 1-11-710(B) of the 1976 Code is amended to read:
"(B) The board may authorize the Insurance Reserve Fund to provide reinsurance, in an approved format with actuarially developed rates, for the operation of the group health insurance or cafeteria plan program, as authorized by Section 9-1-60, for active and retired employees of the State, and its public school districts and their eligible dependents. Premiums for reinsurance provided pursuant to this subsection must be paid out of state appropriated and other funds received for actual health insurance or cafeteria plan premiums due."
SECTION 3. Section 9-1-60(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) Political subdivisions may develop and implement a program for the administration of a flexible benefits or "cafeteria" plan as defined by Section 125 of the Internal Revenue Code of 1986, as amended, for their employees. The plan may not decrease contributions paid to or benefits paid by the system. For political subdivisions that also participate in the plan adopted pursuant to subsection (A) of this section, any separate cafeteria plan adopted pursuant to this subsection may provide benefits in addition to, but shall not include, the specific types of benefits provided to employees under the plan adopted pursuant to subsection (A) of this section."
SECTION 4. Section 9-1-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(C) An employer or coalition of employers working in concert may develop and implement a program for the administration of a flexible benefits or 'cafeteria' plan as defined by Section 125 of the Internal Revenue Code of 1986, as amended, for their employees. The plan may not decrease contributions paid to or benefits paid by the system. For employers or coalition of employers working in concert, that also participate in the plan adopted pursuant to subsection (A) of this section, any separate cafeteria plan adopted pursuant to this subsection may provide benefits in addition to, but shall not include, the specific types of benefits provided to employees under the plan adopted pursuant to subsection (A) of this section."
SECTION 5. The implementation of the "parallel" cafeteria plans authorized in Sections 3 and 4 of this act is contingent on a ruling from the Internal Revenue Service that such "parallel" plans may be tested alone for purposes of discrimination testing and not aggregated with the cafeteria plan maintained by the State.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator THOMAS, with unanimous consent, H. 3683 was ordered to receive a third reading on Tuesday, June 5, 2001.
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator PASSAILAIGUE, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows:
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that the fourth paragraph, Section 16, Article X of the Constitution of this State be amended to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives having subject matter jurisdiction over appropriations. The appointee of the Governor shall serve as chairman. All persons appointed must possess substantial financial investment experience and no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. The General Assembly shall implement this paragraph by enacting legislation establishing the panel and providing for the terms, duties, and compensation of its members, and which specifically authorizes the investments allowed by this paragraph, and may provide limitations on investments in equity securities as it considers prudent. The panel established by this paragraph shall not exist until it is established in the implementing legislation required pursuant to this paragraph."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Saleeby Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
Having received the necessary vote, the Bill was read the second time, passed and ordered to a third reading.
H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD3160.004A):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 15-27-15(A) of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever a deaf person is a party or witness to in any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's magistrates court, or is confined to an institution, the court shall must appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly."
SECTION 2. Section 15-27-155(C) of the 1976 Code is amended to read:
"(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which may be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly, paid by one or more of the parties as the court may direct, or taxed ultimately as costs based on the discretion of the court.
(1) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court;
(2) The fees for interpreting services may be:
(a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly;
(b) paid by one or more of the parties as the court may direct; or
(c) taxed ultimately as costs based on the discretion of the court."
SECTION 3. Section 17-1-50 of the 1976 Code is amended to read:
"Section 17-1-50. (A) Notwithstanding any other provision of law, whenever a party or witness to a criminal legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice. As used in this section:
(1) 'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(4) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.
(2) 'Legal proceeding' means a proceeding in which a non-English speaking person is a party or a witness.
(3) 'Non-English speaking person' means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.
(4) 'Qualified interpreter' means a person who:
(a) is eighteen years of age or older;
(b) is not a family member of a party or a witness;
(c) is not a person confined to an institution; and
(d) has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight-translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.
(5) 'Witness' means a person who testifies in a legal proceeding.
(B)(1) A "qualified interpreter" means a person who:
(1) is eighteen years of age or older;
(2) is not a family member of the party or witness;
(3) is an instructor of foreign language at an institution of education; or
(4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
An "interpreter" shall not be a person confined to an institution.
Notwithstanding any other provision of law, whenever a party or witness in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or to interpret the testimony of the witness.
(2) However, the court may waive the use of a certified or otherwise qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking party or witness in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver is in the best interest of justice.
(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(D) The Division of Court Administration shall must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
On motion of Senator THOMAS, the Bill was carried over.
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 FORD asked unanimous consent to take the Bill up for immediate consideration.
Senator RICHARDSON objected.
H. 3733 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO REVISE THE "HOLD HARMLESS" BASE YEAR IN THE REIMBURSEMENT DISTRIBUTION FORMULA FROM AMOUNTS RECEIVED BY SCHOOL DISTRICTS IN FISCAL YEAR 1998-99 TO AMOUNTS RECEIVED IN THE PRECEDING FISCAL YEAR.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
Senator RICHARDSON objected.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of Amendment No. 1 (RESMIN583-01FC.TLM) proposed by Senator MOORE and previously printed in the Journal of Wednesday, May 30, 2001.
On motion of Senator MOORE, with unanimous consent, Amendment No. 1 was withdrawn.
Senator MOORE proposed the following Amendment No. 2 (RESMIN583-03FC.TLM):
Amend the resolution, page 583-1 through page 583-4, as and if amended, by striking the committee amendment in its entirety and inserting the following:
/ Amend the Concurrent Resolution, as and if amended, by striking all after the resolving words and inserting the following:
Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned and be authorized to meet in statewide session at 11:00 a.m. on Monday, June 11, 2001, or any date thereafter not later than Friday, June 29, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 29, 2001, and when each house adjourns no later than 5:00 p.m. on Friday, June 29, 2001, it shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Tuesday, August 28, 2001, and when each house adjourns no later than 5:00 p.m. on Tuesday, August 28, 2001, it shall stand adjourned to meet Wednesday, September 5, 2001, at 12:00 noon and to continue in statewide session, if necessary, not later than 5:00 p.m. Friday, September 7, 2001 for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) introduction, receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) except as otherwise provided in items (7), (9), (10) and (11) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments for bills that are in conference or free conference status on or before June 7, 2001;
(6) introduction, receipt, and consideration of resolutions expressing sympathy or congratulations;
(7) introduction, receipt, and consideration of resolutions affecting sine die adjournment;
(8) except as otherwise provided in items (7), (9), (10) and (11) concurrence or nonconcurrence in amendments on bills received from the other house on or before June 7, 2001;
(9) consideration of S.496 relating to the lottery or any other lottery-related bill in lieu of S.496 including receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments relating to S.496 or any other lottery-related bill in lieu of S.496;
(10) introduction, receipt, and consideration of redistricting legislation, including receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(11) introduction, receipt and consideration of primary election legislation and related matters pertaining to redistricting issues; and
(12) introduction, receipt, and consideration of joint resolutions approving, approving in part, or disapproving regulations.
(B) Each house on its own motion may adjourn for periods in excess of two days provided that any such period(s) of adjournment exceeding two days shall be deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of this State.
(C) Each house may provide for local session days during the periods between June 7 and August 28 for consideration of local legislation that has the unanimous consent of the affected delegation.
(D) The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at mutually convenient times as necessary between June 7 and August 28.
(E) Adoption by each house of this resolution shall constitute waiver by the Senate and the House of Representatives of Senate Rule 47 and House Rule 5.12, respectively, as to the receipt and consideration of any legislation after May 1, 2001, if such legislation is authorized to be introduced or considered under the provisions of this resolution.
(F) When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned sine die, provided that, if the Senate has given third reading to legislation establishing a redistricting plan for the Senate and the six congressional districts and has given third reading by an affirmative vote of thirty one members of the Senate on or before September 7, 2001, then the Speaker of the House and the President Pro Tempore of the Senate, by mutual agreement and only with the affirmative consent of the majority and minority leaders of their respective bodies, may order an extension of the sine die adjournment date not to exceed 45 calendar days, including Saturdays and Sundays. If such extension is ordered then the date each house shall reconvene shall be determined by mutual agreement of the Speaker of the House and the President Pro Tempore of the Senate, and only with the affirmative consent of the majority and minority leaders of their respective bodies. Matter eligible to be considered during the extended session is limited to those items authorized under the terms of this resolution and if the sine die date is extended as provided herein the General Assembly shall stand adjourned sine die, not later than 5:00 p.m., on the date to which the session has been extended. /
Amend title to conform.
Senator MOORE explained the amendment.
On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator MOORE retaining the floor.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Margaret Ellen "Maisie" Roper Burns of Sumter, S.C. Mrs. Burns, wife of the late Dr. Cornelius Benton Burns, died on Sunday, May 27, 2001. She received her education from the University of South Carolina and was graduated from the U. S. Navy Midshipman Training School, Smith College, and the U. S. Navy Graduate School of Supply at Harvard University, Radcliffe Division. Mrs. Burns served three and a half years in the U. S. Naval Reserve during World War II. She was the sponsor and christened the USN Destroyer Escort USS Major in 1943. She was a life member in the Society of Sponsors United States Navy, a troop leader in the Sumter Girls Scouts/Congaree Area Council for 24 years, a member of the Sumter Garden Club, Sumter Council of Garden Clubs, Sumter National Accredited Judges Club, Sumter Council of Garden Clubs, the Garden Club of South Carolina, and the National Council of State Garden Clubs, the Sumter Artists' Guild and the Gallery of Art. Other memberships included DAR, Daughters of the Founds and Patriots of America, S.C. Historical Society, Sumter County Historical Society and numerous others. She was an outstanding citizen and left behind a legacy of good works that will touch the lives of Sumter residents and South Carolinians for years to come.
At 2:41 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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