Indicates Matter Stricken
Indicates New Matter

The Extraordinary Session of the General Assembly of the State of South Carolina, begun and holden at Columbia on the third Wednesday in June, being the 20th day of the month.

Pursuant to the provisions of the Executive Order of the Governor, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Honorable Robert L. Peeler   The Honorable Glenn McConnell
President of the Senate           President Pro Tempore of the Senate
Post Office Box 142             Post Office Box 142
Columbia, SC 29202             Columbia, SC 29202

The Honorable David H. Wilkins
Speaker of the House
Post Office Box 11867
Columbia, SC 29211

Gentlemen:

As you are aware, the General Assembly adjourned June 7, 2001, without acting on a state budget or a lottery spending bill. In an attempt to move the process forward, I pledged to bring the General Assembly back on June 19 if conferees reached satisfactory compromises on the budget and lottery spending bills and called on legislators to waive special session pay. Last week, I granted an additional 24 hours to allow the conference committees to complete their work.

Unfortunately, the bipartisan spirit that should have led the General Assembly toward a satisfactory compromise never materialized. Instead, the process has resulted only in more acrimony and bickering.

However, South Carolinians must have a state budget in place before the fiscal year begins. Therefore, pursuant to Article IV, Section 19 of the South Carolina Constitution, I am writing to notify you that the failure of the General Assembly to pass a state budget constitutes an extraordinary occasion making it necessary for me to convene the General Assembly in extra session, which shall commence on Wednesday, June 20, 2001, at Noon.

I cannot allow the General Assembly to put its own interests ahead of the citizens' immediate need for the continued operation of state governmental services in such critically important areas as education, health care and public safety.

Because the General Assembly has failed to demonstrate bipartisanship, it would be in everyone's best interest to limit the time the General Assembly remains in an extra session. The taxpayers of South Carolina should not be asked to spend $60,000 a day funding gridlock in Columbia. Consequently, the General Assembly should enact the budget and then adjourn immediately.

A copy of the Executive Order is attached.

Sincerely,
/s/ Jim Hodges
Enclosure
cc: Secretary of State

Executive Order                 No. 2001-15

WHEREAS, in its 2001 regular session, the General Assembly of the State of South Carolina failed to pass a General Appropriations Act to provide for the continued operation of state government for the 2001-2002 fiscal year; and

WHEREAS, the citizens of the State of South Carolina depend on the continued operation of state government for education, health care, public safety and other important governmental services; and

WHEREAS, the absence of a budget for the upcoming fiscal year is a matter requiring immediate action; and

WHEREAS, Article IV, Section 19 of the South Carolina Constitution states in pertinent part that: "The Governor may on extraordinary occasions convene the General Assembly in extra session[;]" and

WHEREAS, being mindful of the duties and responsibilities placed on me by the Constitution and laws of this State, and in determining that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.

NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Wednesday, June 20, 2001, at Noon.

GIVEN UNDER MY HAND AND THE

GREAT SEAL OF THE STATE OF

SOUTH CAROLINA, THIS 19TH day

OF JUNE, 2001.

/s/ JIM HODGES

Governor

ATTEST:
JAMES M. MILES
Secretary of State

The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.

Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:

Beloved, lift up your hearts! Hear a Word from God through Psalm 97:

"The Lord reigns; let the earth rejoice!... Clouds and thick darkness are round about Him... His lightnings lighten the world; the earth sees and trembles..."
Let us pray.

Our Father, we find ourselves "in clouds and thick darkness... round about" us!

We get little light from our comrades on earth!

We believe that the light of the Spirit of God shines inside us. Give us Your light!

And one gift more, dear Lord! Give us the courage to make our decisions in the light of Your Light... in scorn of consequences!

Amen!

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

At 3:55 P.M., Senator REESE requested a leave of absence from 6:00 P.M. today until 12:00 Noon Thursday.

At 3:55 P.M., Senator RANKIN requested a leave of absence from 5:30 P.M. today until 11:00 A.M. Thursday.

At 4:25 P.M., Senator RAVENEL requested a leave of absence beginning at 4:30 P.M. today and lasting until 11:00 A.M. Thursday.

By prior motion of Thursday, June 7, 2001, the following Joint Resolution was ordered to receive a third reading:

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

H. 3966 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF HUMAN RESOURCES, RELATING TO STATE HUMAN RESOURCES REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

By prior motion of Senator HUTTO, with unanimous consent

The following House Bills were read the third time and ordered returned to the House with amendments:

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

By prior motion of Senator HUTTO, with unanimous consent

H. 3030 (Word version) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".

By prior motion of Senator HUTTO, with unanimous consent

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

S. 746 (Word version) -- Senators Wilson, Bauer, Courson, Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

By prior motion of Senator WILSON, with unanimous consent

S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.

By prior motion of Senator HAYES, with unanimous consent

H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, F.N. Smith, J.R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.

Senator PEELER 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 PEELER asked unanimous consent to recommit the Bill to the Committee on Medical Affairs, retaining its place on the Calendar.

There was no objection.

The Bill was recommitted to the Committee on Medical Affairs.

At 12:07 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed 30 minutes.

At 12:37 P.M., the Senate resumed.

At 12:37 P.M., Senator MARTIN assumed the Chair.

At 12:37 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed 15 minutes.

At 12:52 P.M., the Senate resumed.

At 12:52 P.M., Senator MARTIN assumed the Chair.

At 12:52 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed 15 minutes.

At 1:05 P.M., the Senate resumed.

At 1:05 P.M., Senator MARTIN assumed the Chair.

At 1:05 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

The Senate reassembled, at 2:39 P.M., and was called to order by the PRESIDENT.

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

At 2:40 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.

H. 4233 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE FOR WESTBOUND TRAFFIC ON SOUTH CAROLINA HIGHWAY 9 AT THE WACCAMAW RIVER IN HORRY COUNTY AS THE "JABY COX BRIDGE" IN MEMORY OF THE LATE JABY COX, A DISTINGUISHED CITIZEN OF HORRY COUNTY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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

There was no objection.

The Resolution was recalled.

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

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator WILSON asked unanimous consent to adopt the Resolution.

There was no objection.

The Resolution was adopted, ordered returned to the House.

The following were introduced:

S. 757 (Word version) -- Senator Wilson: A SENATE RESOLUTION TO RECOGNIZE, HONOR, AND WELCOME THE MEMBERS OF THE MILITARY ORDER OF THE WORLD WARS TO COLUMBIA, SOUTH CAROLINA, FOR THEIR EIGHTY-FIRST ANNUAL NATIONAL CONVENTION BEGINNING ON JULY 24, 2001, AND ENDING ON JULY 29, 2001.
l:\council\bills\pt\1603cm01.doc

The Senate Resolution was adopted.

S. 758 (Word version) -- Senators Holland, Drummond, Waldrep, Leventis, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Wilson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF J. KENNETH RENTIERS OF CHARLESTON AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\swb\5586djc01.doc

The Senate Resolution was adopted.

S. 759 (Word version) -- Senator Wilson: A SENATE RESOLUTION TO COMMEND LIEUTENANT SHANE OSBORN OF THE UNITED STATES NAVY FOR HIS BRAVE AND GALLANT ACTS IN LANDING HIS DAMAGED AIRCRAFT ON FOREIGN SOIL THAT ENSURED THE SURVIVAL OF HIS ENTIRE CREW AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN THE YEARS AHEAD.
l:\council\bills\pt\1605cm01.doc

The Senate Resolution was adopted.

H. 4272 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

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

On motion of Senator RANKIN, with unanimous consent, H. 4272 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

Senator ALEXANDER 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.

The Committee on Transportation proposed the following amendment (DKA\4532MM01), which was adopted:

Amend the bill, as and if amended, by striking Section 56-5-70, SECTION 1, and inserting:

/ Section 56-5-70.   Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty days thereafter, requirements relating to registration, permitting, length, width, weight, load, and time of service are suspended for commercial and utility vehicles that do not exceed a gross weight of nine thousand pounds and a width of twelve feet responding to the state of emergency. All vehicles operated upon the public highways of this State under the authority of this section must:

(1)   be operated in a safe manner;

(2)   maintain required limits of insurance;

(3)   be clearly identified as a utility vehicle or provide appropriate documentation indicating it is a commercial vehicle responding to the emergency. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

Senators ALEXANDER and HUTTO proposed the following amendment (BBM\10497HTC01), which was adopted:

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

/ SECTION   ____.   A.   Section 56-1-1320 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-1-1320.   (A)   A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including Section 56-5-2930 and Section 56-5-2933, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five one hundred dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee.

(B)   Ninety-five dollars of the collected fee must be credited to the General Fund of the State for use of the Department of Public Safety in the hiring, training, and equipping of members of the South Carolina Highway Patrol and Transportation Police and in the operations of the South Carolina Highway Patrol and Transportation Police."

B.   Section 56-1-170(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, if further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

C.     Section 56-1-286(K)(1) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five seventy-five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and"

D.   Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:

"Section 56-1-390.   (1)   Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error.

(2)   All The fees collected by the department under this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, except and one dollar of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."

E.   Section 56-1-740(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

F.   Section 56-1-745(C)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(3)   The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

G.   Section 56-1-746(D)(3) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(3)   The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

H.   Section 56-5-750(G)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

I.   1.   Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty- one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five seventy-five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"

2.   Section 56-5-2951(J)(3) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

"(3)   The fee for each a special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

J.   Section 56-9-430(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

K.   Section 56-10-260(B)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

L.   Section 56-10-270(c)(3) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles."

M.   Notwithstanding the general effective date of this act, this section takes effect July 1, 2001. /

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 returned to the House of Representatives with amendments.

H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".

Senator RICHARDSON 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 adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry Committee proposed the following amendment (SWB\5554DJC01), which was adopted:

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

/ SECTION   __.   Section 50-13-236(B) of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"(B)   Notwithstanding the provisions of subsection (A), the size limit on striped bass (rockfish) taken from Lake Murray is not in effect during the months of June, July, and August. during July and August it is unlawful to retain more than two striped bass (rockfish) per day that are taken from Lake Murray and less than the legal size limit." /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON 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 with notice of general amendments.

Senator SHORT rose for an Expression of Personal Interest.

Senator MARTIN, under the provisions of Rule 43, gave notice of a motion to suspend all or a portion of Rule 37.

Senator LAND rose for an Expression of Personal Interest.

Senator LAND asked unanimous consent to make a motion to take up for immediate consideration the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LEATHERMAN objected.

At 2:59 P.M., Senator LAND asked unanimous consent to make a motion to set a time certain of 4:30 P.M. to vote on the entire matter of the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LEATHERMAN objected.

Senator LEATHERMAN rose for an Expression of Personal Interest.

Senator LEVENTIS rose for an Expression of Personal Interest.

Senator LEVENTIS asked unanimous consent to make a motion to take up for immediate consideration the Report of the Committee of Conference on H. 3687, the General Appropriation Bill, to the exclusion of all matters until it has been completed.

Senator LEATHERMAN objected.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Senator SETZLER rose for an Expression of Personal Interest.

Senator RYBERG rose for an Expression of Personal Interest.

Senator WALDREP rose for an Expression of Personal Interest.

Senator WALDREP asked unanimous consent to take up the Report of the Committee of Conference on H. 3946.

Senator HUTTO raised a Point of Order under Rule 37 that consideration of the Report of the Committee of Conference on H. 3946, was out of order inasmuch as it had not been on the Desk for one statewide legislative day.

The PRESIDENT sustained the Point of Order.

Senator RICHARDSON rose for an Expression of Personal Interest.

At 3:59 P.M., with Senator RICHARDSON retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed ten minutes.

At 4:20 P.M., the Senate resumed.

Senator RICHARDSON resumed addressing the Senate.

With Senator RICHARDSON retaining the floor, Senator LAND asked unanimous consent to make a motion that Senator LEATHERMAN be granted leave to address the Senate regarding the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

There was no objection.

Senator LEATHERMAN spoke on the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that when it adjourned today, it stand adjourned to meet in Statewide Session at 10:00 A.M. tomorrow.

Senator LEATHERMAN spoke on the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LAND asked unanimous consent to make a motion to take up for immediate consideration and proceed to a vote on the adoption of the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LEATHERMAN spoke on the motion.

Senator LEATHERMAN objected.

Senator LEATHERMAN spoke on the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LAND asked unanimous consent to make a motion to adopt unanimously the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator LEATHERMAN objected.

Senator LEATHERMAN spoke on the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator MARTIN asked unanimous consent to make a motion to adopt both the Reports of the Committee of Conference on H. 3946 and H. 3687, the General Appropriation Bill.

Senator SHORT objected.

Senator HUTTO asked unanimous consent to make a motion to print the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator McCONNELL objected.

Senator HUTTO asked unanimous consent to make a motion to distribute the Report of the Committee of Conference on H. 3687, the General Appropriation Bill to each of the members of the Senate.

Senator McCONNELL objected and stated that the Report of the Committee of Conference on H. 3687, the General Appropriation Bill, was unsigned.

Senator LEATHERMAN spoke on the Report of the Committee of Conference on H. 3687, the General Appropriation Bill.

Senator PEELER asked unanimous consent to make a motion to waive Rule 37 and take up H. 3946 for immediate consideration.

Senator SHORT objected.

Senator DRUMMOND rose for an Expression of Personal Interest.

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McGill
Moore                     O'Dell                    Passailaigue
Rankin                    Reese                     Setzler
Short

The Senate adjourned.

We voted to adjourn because Senators HUTTO and SHORT objected to taking up the food tax cut legislation. Senator HUTTO raised the 24-hour rule to prevent Senator WALDREP from getting a vote on the Report of the Conference Committee to make permanent the tax cuts and phase out the sales tax on food. This tax cut adoption was a precondition with the House conferees to a budget bill compromise. Without the permanent tax cut handled, we cannot go forward to a consideration of the General Appropriation Bill and adoption of the report. To proceed further in the box would be to put another Bill in front of the tax cut Bill and, thus, give the opponents the ability to block us from getting to it early tomorrow. Thus, to remain in session would be to further delay us being able to complete and pass the budget. To save taxpayers' money and prevent a further stall, it was necessary to adjourn to give us a clear shot at it tomorrow.

On motion of Senators LEVENTIS, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, WALDREP and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Senator J. KENNETH RENTIERS of Charleston, S.C., our colleague and friend.

At 5:12 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:00 A.M.

This web page was last updated on Thursday, June 25, 2009 at 1:19 P.M.