Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, as we take one more step toward adjournment, hear the words of Psalm 33:8ff:

"Let everyone in all the world -- men, women and children -- fear the Lord and stand in awe of Him. For when He but spoke, the world began! It appeared at His command! And with a breath He can scatter the plans of all the nations...!" (A paraphrase)
Let us pray.

Father, through what we say and do, here, today, may we enter Your redemptive purposes for our people!

Where we may differ in our ways of doing things, unite us in the desire to do that which is right... and good... and fair...

May we work in the Spirit of him who said, "I have promises to keep and miles to go before I sleep."
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, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Domestic User

Dennis Vernon Chastain, 5699 Highway 11, Pickens, S.C. 29671

Referred to the Committee on Agriculture and Natural Resources.

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

Agricultural

John W. Hane, Rt. 4, Box 625, Fort Motte, S.C. 29135

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

Agricultural

Theo Reginal Williams, 851 Columbia Rd., Edgefield, S.C. 29824

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1997, and to expire May 19, 2004

At-Large - Chairman

Howell Donald McElveen, 1333 Main Street, Suite 400, Columbia, S.C. 29201 VICE Alec McLeod

Referred to the Committee on Judiciary.

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Mildred Weathers McDuffie, 1013 King Street, Columbia, S.C. 29250

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Patrick J. Noble, 14 New Holland Circle, Columbia, S.C. 29203

Columbia, S.C., June 20, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 20, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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".
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 20, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Very respectfully,
Speaker of the House

Received as information.

Senator WALDREP explained the Message from the House regarding the Report of the Committee of Conference on H. 3946.

Senator HUTTO raised a Point of Order that the amendment adopted by the House of Representatives was out of order inasmuch as it was not germane.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

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

Senator SHORT objected.

Senator MARTIN made a Parliamentary Inquiry as to what the pending matter was before the Senate.

The PRESIDENT stated that the Senate was in the Morning Hour.

Senator MARTIN insisted on the Order of the Day.

The following were introduced:

S. 760 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF DEVELOPING AND MANAGING OF THE PLANNING PROCESS BY THE LOCAL PLANNING COMMISSION, SO AS TO REQUIRE THE PLANNING PROCESS INCLUDE A LONG RANGE FINANCIAL PLAN AND SPECIFY WHAT THE PLAN MUST INCLUDE.
l:\council\bills\gjk\20775sd01.doc

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

S. 761 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES THAT CONTAIN THE EMBLEMS OF ANY OF THE UNITED STATES' SERVICE ACADEMIES.
l:\council\bills\ggs\22183cm01.doc

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

S. 762 (Word version) -- Senator Reese: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 30 SO AS TO PROVIDE FOR THE APPOINTMENT OF STATE DEPUTIES BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.
l:\council\bills\skb\18646cm01.doc

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

S. 763 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD THE RICHLAND-LEXINGTON AIRPORT COMMISSION.
l:\council\bills\pt\1608cm01.doc

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

S. 764 (Word version) -- Senators Branton, Mescher, Matthews, Passailaigue, Ford, Ravenel and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
l:\council\bills\pt\1609sd01.doc

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

S. 765 (Word version) -- Senator Elliott: A BILL TO AMEND CHAPTER 13, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MUSEUM COMMISSION AND INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, BY ADDING ARTICLE 5 SO AS TO DECLARE THE PUBLIC POLICY OF THIS STATE RELATING TO THE PRESERVATION AND PROTECTION OF INDIAN AND NATIVE AMERICAN ANTIQUITIES; BY ADDING ARTICLE 7 SO AS TO ENACT THE "ARCHAEOLOGICAL RESOURCES PROTECTION ACT" AND PROVIDE FOR THE PROTECTION AND PRESERVATION OF ARCHAEOLOGICAL RESOURCES; BY ADDING ARTICLE 9 SO AS TO ENACT THE "UNMARKED HUMAN BURIAL AND HUMAN SKELETAL REMAINS PROTECTION ACT" AND PROVIDE FOR THE PROTECTION AND PRESERVATION OF UNMARKED HUMAN SKELETAL REMAINS IN THIS STATE; BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA ARCHAEOLOGICAL RECORD PROGRAM" AND THE "SITE STEWARD PROGRAM" FOR PURPOSES OF LISTING AND MONITORING THE CONDITION OF ARCHAEOLOGICAL RESOURCES IN THIS STATE; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES.
l:\council\bills\swb\5587djc01.doc

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

S. 766 (Word version) -- Senators Glover and Elliott: A BILL TO AMEND AN UNNUMBERED ACT OF 2001 BEARING RATIFICATION NUMBER 145, RELATING TO THE NAME AND GOVERNANCE OF MARION COUNTY SCHOOL DISTRICT SEVEN, SO AS TO CHANGE THE NAME OF THE DISTRICT TO LOWER MARION COUNTY SCHOOL DISTRICT THREE.
l:\council\bills\nbd\11900ac01.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator GLOVER, with unanimous consent, S.766 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3167 (Word version) -- Reps. J. Young, Simrill, Whatley, Davenport, Sandifer, Vaughn, Robinson, Altman, Loftis, White, Lourie and Campsen: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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

H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 4293 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY SHALL CONTINUE IN SESSION AFTER ADJOURNMENT OF THE EXTRA SESSION WHICH BEGINS AT 12:00 NOON ON WEDNESDAY, JUNE 20, 2001, AND PROVIDE FOR THE TIME OF ADJOURNMENT OF THE EXTRA SESSION, SINE DIE.

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

H. 4298 (Word version) -- Reps. G.M. Smith, J. Young, Weeks, G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. 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, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION RECOGNIZING TUOMEY REGIONAL MEDICAL CENTER IN SUMTER FOR RECEIVING AN EXCEPTIONALLY HIGH ACCREDITATION RATING FROM THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS AND EXPRESSING SINCERE APPRECIATION TO THE STAFF AND ADMINISTRATION FOR THEIR SUPERB PERFORMANCE AND ONGOING SUPERIOR PATIENT CARE.

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

H. 4306 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROSITY OF MR. FRANCOIS FISERA OF COLUMBIA IN LENDING HIS UNMATCHABLE CULINARY GIFTS TO NUMBEROUS MIDLANDS AND SOUTH CAROLINA CHARITABLE CAUSES AND HIS TIRELESS PROMOTION OF SOUTH CAROLINA.

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

H. 4307 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JOSEPH FISERA OF PARIS, FRANCE, FOR HIS BRAVERY AND COURANGEOUS VOLUNTEER SERVICE DURING WORLD WAR II AS MEMBER OF THE REENCH UNDERGROUND AND FOR HIS HEROIC EFFORTS AND TIRELESS WORK IN THE FACE OF OVERWHELMING ADVERSITY THAT SAVED THE LIVES OF HUNDREDS OF JEWISH MEN, WOMEN, AND CHILDREN FROM THE NAZI HOLOCAUST AND "DEATH CAMPS" AT THE RISK OF HIS OWN LIFE.

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

H. 4309 (Word version) -- Reps. McLeod, Wilder, J. Brown and Walker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF DR. LAWRENCE F. MCMANUS OF PROSPERITY AND TO EXPRESS THEIR GRATITUDE FOR HIS OUTSTANDING LEADERSHIP, COMMITMENT, AND ADVOCACY IN THE CREATION OF THE GIFT OF LIFE TRUST FUND.

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

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 615 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-315 SO AS TO PROVIDE A PROCEDURE TO ALLOW A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED PURSUANT TO THE NONRESOLUTION OF AN OUT-OF-STATE MOTOR VEHICLE VIOLATION OR AN ERRONEOUS OUT-OF-STATE MOTOR VEHICLE VIOLATION TO HAVE THE SUSPENSION VACATED UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

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.

Senator HAWKINS 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 HAWKINS explained the Bill.

Senator HUTTO spoke on the Bill.

Senator MARTIN spoke on the Bill.

Senator MARTIN objected to further consideration of the Bill.

Senator SETZLER raised a Point of Order that the objection came too late.

Senators MARTIN, LEVENTIS, HAWKINS, SETZLER and McCONNELL spoke on the Point of Order

The PRESIDENT overruled the Point of Order.

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

The Report of the Committee of Conference was taken up for immediate consideration.

Senator WALDREP explained the Report of the Committee of Conference on H. 3946.

On motion of Senator LEVENTIS, with unanimous consent, Senators HAYES, LEVENTIS and MARTIN were granted leave to attend a meeting of a Committee of Conference on S. 394, be counted in any quorum calls and vote from the balcony.

Senator WALDREP explained the Report of the Committee of Conference on H. 3946.

With Senator WALDREP retaining the floor, Senator PASSAILAIGUE rose for an Expression of Personal Interest.

With Senator WALDREP retaining the floor, Senator McCONNELL rose for an Expression of Personal Interest.

On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by the recess, with Senator WALDREP retaining the floor.

At 12:20 P.M., with Senator WALDREP retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business until 1:30 P.M.

The Senate reassembled, at 1:30 P.M., and was called to order by the ACTING PRESIDENT, Senator MARTIN.

At 1:30 P.M., with Senator WALDREP retaining the floor, on motion of Senator ALEXANDER, with unanimous consent, the Senate receded from business for 30 minutes.

At 2:05 P.M., the Senate resumed.

At 2:05 P.M., Senator MARTIN assumed the Chair.

At 2:05 P.M., with Senator WALDREP retaining the floor, on motion of Senator WILSON, with unanimous consent, the Senate receded from business for 20 minutes.

At 2:26 P.M., the Senate resumed.

At 2:27 P.M., Senator MARTIN assumed the Chair.

At 2:27 P.M., with Senator WALDREP retaining the floor, on motion of Senator HAYES, with unanimous consent, the Senate receded from business until 2:45 P.M.

At 2:50 P.M., the Senate resumed.

At 2:50 P.M., Senator MARTIN assumed the Chair.

At 2:50 P.M., with Senator WALDREP retaining the floor, on motion of Senator J. VERNE SMITH, with unanimous consent, the Senate receded from business until 3:45 P.M.

At 4:59 P.M., the Senate resumed.

At 4:59 P.M., Senator MARTIN assumed the Chair.

At 5:03 P.M., the PRESIDENT assumed the Chair.

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.

By prior motion of Senator RANKIN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

The Senate resumed consideration of the Report of the Committee of Conference to H. 3946, the question being the adoption of the report which was subsequently withdrawn from consideration:

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/   SECTION   1.   Act 1030 of 1964 was enacted to take advantage of federal funding available through the Farmer's Home Administration Act to provide for the growing need for utility and other services, especially in rural areas. Since that time, the availability of the funding has diminished, and federal and state funding are more often provided from additional sources. The General Assembly finds, under certain conditions, that the not-for-profit corporations organized under Act 1030 of 1964, for the purposes of providing water services, should be granted the right to elect to become public bodies politic and corporate for reasons including, but not limited to, the following:

(1)   the opportunity to receive funding, loans, and grants from other sources such as the State Revolving Fund will be increased or enhanced;

(2)   the right to participate in a joint municipal water system as authorized under Chapter 25, Title 6 of the 1976 Code will be afforded; and

(3)   the cost of borrowing money for infrastructure construction and expansion will be lower and growth demands more economically met.

SECTION   2.   Title 33, Chapter 36 of the 1976 Code is amended by adding:

Section 33-36-1310.   (A)   For the exclusive purposes of participating in a joint municipal water system as authorized under Chapter 25, Title 6, a nonprofit corporation incorporated for the purposes of providing water or water and sewer services, pursuant to the provisions of this chapter may elect, by resolution, to become a public service district, a public body politic and corporate:

(1)   before January 1, 2002, upon a majority vote of its members constituting a quorum present at a duly called and noticed meeting; or

(2)   on and after January 1, 2002, upon a majority vote of fifteen percent of its members present or by proxy at a duly called and noticed meeting.

(B)   Notice of this meeting must be given by regular mail, addressed to the last known address of the member, and mailed not less than ten days prior to the meeting. The secretary of the corporation shall certify the date of mailing. The notice shall state the purpose, time, and place of the meeting.

(C)   Upon a favorable vote, the chief executive officer of the corporation shall petition the Secretary of State to issue a new charter to convert and constitute the nonprofit corporation a public service district, a public body politic and corporate.

Section 33-36-1320.   (A)   The petition shall include:

(1)   the name of the district;

(2)   an attached copy of the resolution adopted, certified by the secretary of the corporation;

(3)   the name of the current board of directors, their terms of office, and expiration dates;

(4)   the desire to become a public body corporate and politic; and

(5)   a word description and an attached map showing the present and existing boundaries of the service area.

(B)   Upon receipt of the petition, the Secretary of State must verify the contents of the petition and their compliance with subsection (A). Upon verification, the Secretary of State must issue a new charter, referencing the petition, and designating the corporation as a public service district, a public body politic and corporate of the State.

Section 33-36-1330.   (A)   The existing board of directors and officers shall serve until the expiration of their present terms. Thereafter, and not less than forty-five days prior to any expiration of the term of a board member, the board of directors shall submit to the county legislative delegation the name or names of a person or persons recommended for appointment or reappointment. A letter of recommendation by the board stating why the name or names are recommended shall accompany the submission. The county legislative delegation shall consider the recommendation of the board but are not limited to make a selection for its own recommendation from among those submitted. Upon recommendation of the county legislative delegation, members of the board must be appointed by the Governor for a term of four years. A vacancy may be filled by the board, if the remaining term is less than two years; if more than two years, then in the usual manner for the unexpired term.

(B)   The governing body of the district, by a resolution adopted by a two-thirds vote of all members of the governing body, may request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated must be presented to the county election commission prior to August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year. The governing body must be elected from single-member election districts.

(C)   Notice of the election must be published by the governing body of the district at least three times prior to the election, including (i) not less than sixty days prior to the date of the election, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days before the date of the election. The notice must appear in a newspaper of general circulation within the district and contain at a minimum the following:

(1)   the full name of the district and its governing body;

(2)   the names, addresses, and telephone numbers of the members of the district's governing body;

(3)   the existing means of appointment of members of the district's governing body;

(4)   a brief description of the governmental services provided by the district;

(5)   a map showing generally the boundaries of the district;

(6)   a list of precincts and polling places in which ballots may be cast; and

(7)   an explanation of the procedure to be followed for election of members of the district's governing body and state.

Section 33-36-1340.   (A)   On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file a statement of intention of candidacy with the entity charged by law with conducting the election. Except for the initial election of commissioners as provided in subsection (B), all commissioners must be elected on an at-large basis for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.

(B)   For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority thereof shall serve terms which expire fourteen days following the general election held two years after the initial election. Those commissioners entitled to serve the initial four-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners shall serve terms which expire fourteen days following the general election held the year following the initial election.

(C)   The county election commission is charged with conducting and supervising the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190.

Section 33-36-1350.   The board shall annually elect its officers, a chairperson, vice chairperson, and a secretary and treasurer. The latter two offices may be combined.

Section 33-36-1360.   (A)   The newly converted district has all rights and powers of a public body politic and corporate of this State including, without limitations, all the rights and powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the following rights and powers to:

(1)   have perpetual succession;

(2)   sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person;

(3)   adopt, use, and alter a corporate seal;

(4)   maintain a principal office;

(5)   adopt, change, amend, and repeal bylaws for the management and regulation of its affairs;

(6)   receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money;

(7)   purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, trunk and collection lines, dykes, dams, reservoirs, water and wastewater treatment facilities, and any adjunct facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service in connection with the sale of water or supply of sewer service;

(8)   acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining the system;

(9)   enter into contracts of short or long duration;

(10)   prescribe rate charges for its services and enact regulations;

(11)   make contracts of all kinds and execute all instruments or documents necessary or convenient to carry out the business of the district;

(12)   sell, lease, exchange, transfer, or otherwise dispose of or grant option for any purpose with respect to any real or personal property or interest in them in conformity with state law;

(13)   acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;

(14)   incur liabilities, lend and borrow money, issue bonds or notes of the district, secure its obligations by mortgage, and pledge or assign any money, rents, charges, or other revenues and any proceeds derived by the district from the sales of property, insurance, or condemnation awards;

(15)   acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;

(16)   authorize the construction, operation, maintenance of any project by any person, firm, or corporation, including political subdivisions and agencies of any state of the United States;

(17)   apply to the appropriate agencies of the State, the United States or any state, and to any other proper agency for and obtain from them permits, licenses, certificates, or approvals as may be necessary; and construct, maintain, and operate the project in accordance with such license, permits, certificates, or approvals;

(18)   appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they must be bonded for the faithful performance of their duties;

(19)   employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employers as may be required in the judgment of the district and fix and pay their compensation from funds available to the joint system, if applicable;

(20)   engage in the business of supplying water, water distribution, or sewage collection or treatment; and

(21)   exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19).

(B)   The rates charged for services furnished for the purpose of providing water supply or sewage disposal, or a combination of these services, is not subject to supervision or regulations by any state bureau, board, commission, or like instrumentality or agency of it.

Section 33-36-1370.   Districts converted pursuant to this article shall assume all assets, properties, and liabilities of the antecedent nonprofit corporation."

SECTION   3.   Section 6-25-20(h) of the 1976 Code is amended to read:

"(h) 'Member of a joint system' means those municipalities whose governing bodies have agreed (1) to create a joint municipal water system to undertake the impounding, acquisition, treatment, production, transmission, distribution, service, and sale of water to a municipality which is a member of the system and other municipalities, and persons which are not members when approved by the governing body of each member or (2) to create a joint municipal water system for the purpose of creating a financing pool. A joint municipal water system created for the purpose of creating a financing pool may have as nonvoting members not-for-profit nonprofit corporations created pursuant to Chapter 35 36 of Title 33; however, a nonprofit corporation which has become a public service district pursuant to Article 8 of Chapter 36 of Title 33 is a voting member."

SECTION   4.   Section 12-36-2120(12) of the 1976 Code, as amended by Act 404 of 2000, is further amended to read:

"(12)   water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Chapter 36 of Title 33, or water sold by a public body established pursuant to Article 8, Chapter 36 of Title 33;"

SECTION   5.   A.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"

B.   Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.

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

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

Amend title to read:

/ TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE, TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO INCLUDE AS A VOTING MEMBER A NONPROFIT CORPORATION WHICH HAS BECOME A PUBLIC SERVICE DISTRICT PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT GROSS PROCEEDS OF SALES OF WATER SOLD BY A PUBLIC BODY ESTABLISHED PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT, AND TO EXEMPT, EFFECTIVE JULY 1, 2006, THE GROSS PROCEEDS OF SALES OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, PROVIDE FOR PHASING DOWN THE RATE OF THE SALES TAX ON THESE ITEMS IN INCREMENTS OF ONE PERCENT, PROVIDE FOR THE APPLICATION OF THIS EXEMPTION TO LOCAL SALES AND USE TAXES AND PROVIDE GENERAL FUND ACCOUNTING CHANGES TO HOLD HARMLESS STATE REVENUES FOR PUBLIC EDUCATION. /

Senator WALDREP spoke on the report.

With Senator WALDREP retaining the floor, Senator McCONNELL addressed the Senate.

Senator McCONNELL asked unanimous consent to make a motion that the Senate's Order of Business would be as follows:

The Senate would resume consideration of H. 3946 and move to withdraw the Report of the Committee of Conference and after disposition of H. 3946, the Senate would take up for immediate consideration S. 559, and after disposition of S. 559 and receipt of a Message from the House on S. 559 and H. 3687, the General Appropriation Bill, the Senate would proceed to a consideration of S. 583, the Sine Die Resolution, and after disposition of S. 583 and receipt of a Message from the House on S. 583, the Senate would proceed to a consideration of H. 3687, the General Appropriation Bill. Matters in the box would be taken up for consideration pending the arrival of messages.

There was no objection and the motion was adopted.

On motion of Senator WALDREP, with unanimous consent, the Report of the Committee of Conference on H. 3946 was withdrawn.

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill.

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 1 (RESMIN559-01.elp) proposed by Senator PASSAILAIGUE was adopted on May 22, 2001.

The motion to reconsider was adopted.

The question then was the adoption of Amendment No. 1.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1 was withdrawn.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 9 was taken up for immediate consideration.

Senator LEATHERMAN proposed the following Amendment No. 9 (BBM\10502HTC01), which was adopted:

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

/ SECTION   1.   A.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   effective July 1, 2006, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;"

B.   Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through June 30, 2003, three percent for such sales from July 1, 2003, through June 30, 2004, two percent for such sales from July 1, 2004, through June 30, 2005, and one percent for such sales from July 1, 2005, through June 30, 2006. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.

SECTION   2.   This act takes effect July 1, 2001. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LAND spoke on the amendment.

The question then was the adoption of the amendment.

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

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

Anderson                  Drummond *                Ford
Glover                    Holland *                 Hutto
Jackson                   Land                      Leventis
Matthews                  McGill                    Moore
O'Dell                    Passailaigue              Patterson *
Pinckney *                Reese                     Saleeby *
Setzler                   Short

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered turned to the House with amendments.

I ask and urge the Governor to stay the course and to veto anything other than those items in the budget he finds objectionable and those things necessary to protect life and safety and the essential operations of state government.

S. 559 (Word version) is not essential; it is bad fiscal policy and it is bad public policy.

I ask and urge the Governor to veto S. 559.

We voted against the sales tax amendment that was offered because it provided for a phase-out of the tax that would end the imposition of the tax in calendar year 2006. The amendment sponsored by Senator PASSAILAIGUE that passed on this Bill originally eliminated the tax immediately (July 1, 2001). We could not in good conscience accept the continuation of the levying of this unfair tax for five additional years when the State currently exempts over $5 billion in taxes. If the Senate held firm on our position, there would be no sales tax on food effective July 1, 2001.

I voted against this Bill for a number of reasons. These are but a few. First, it is just not right to institute a tax reduction two years from now while not knowing what our economic situation will be then. It is bad to institute this tax reduction when many Members vow they will never ever, ever vote for a tax increase. Having pledged this, they will not be able to reverse this action even if it makes sense to our citizens because they will be considered breaking the pledge. This measure represents a tax increase because local government will have to raise taxes to off set cuts from the State. And cuts must come as a result of this measure. Many people in state government who are providing direct support for our people will lose their jobs. The current budget does not provide any support for state employees who will be fired-period. This measure sends a message to our state employees that their service is not appreciated.

Senator McCONNELL was recognized to give a status report to the Senate regarding reapportionment.

On motion of Senator COURSON, with unanimous consent, the following remarks by Senator McCONNELL were ordered printed in the Journal:

Ladies and gentlemen, distinguished fellow members of the Senate, I want to give you a brief update today on the progress of the 2001 Redistricting Subcommittee.

First, let me go back for a moment to my remarks from March so that I may properly inform you concerning our progress from the very beginning of this very important process. I directed my staff to arrange six public input forums that were conducted throughout the State during the month of April. These forums were specifically organized to gather information about how citizens see themselves and the areas in which they live. Several hundred people attended these forums throughout the State. Before continuing, I want to applaud the members of this body that sent a letter to interested parties in their district and to also thank those of you who attended the forum in your area.

After the subcommittee completed the public input forums during April of this year, we developed the criteria and proper procedures for submitting proposed reapportionment plans from members of the general public.

Next, our legal staff began meeting with each member of this body to discuss the current make-up of their district by comparing their present district boundaries with the 2001 population statistics that have been furnished to the Senate by the US Census Bureau. If you have not done so, please make an appointment with Ms. Debbie Hammond to do so.

We have not drawn a single line for any Senator. We are all in the same position. I want to assure you that no member of this body has received any preferential treatment in the redistricting process.

The subcommittee has developed a series of suggested questions that people should consider when providing submissions or further testimony on how South Carolina's forty-six Senate districts should be drawn. These questions were distributed to you on June 6, 2001, and mailed to all interested parties. These questions address what I term "cutting edge" demographic and legal issues. We will complete the information gathering process on July 9, 2001.

After analyzing and compiling the information we have received from the U.S. Census Bureau, our public input forums and all public submissions, we will begin drawing. I estimate that I will give staff the direction to begin drawing sometime in late July. Our staff will draw our redistricting plan based on your individual input, testimony from the public input forums, any and all public submissions, as well as the application of applicable law and relevant court decisions.

Briefly, I would like to outline the schedule for how the redistricting plan will be handled. First, the Judiciary Committee staff will draft a statewide redistricting plan. After the plan is drafted, the plan will be given to the redistricting subcommittee for consideration. After the plan has been considered and amended, if necessary, it will be sent to the full Judiciary Committee for consideration. After the full committee has considered and adopted this plan, it will be turned into Bill form for consideration by the full Senate. We will employ the same process for the Congressional plan; all three redistricting plans will travel in the same legislative vehicle.

We have a unique opportunity to show the people of South Carolina that the Upper Chamber of the South Carolina General Assembly is a truly bi-partisan body that cares about the concerns of the people and will focus on drawing Senate and Congressional districts that are truly a part of the communities they represent. This is not a task that we can allow to become mired in controversy. We must work together on this plan as Senators that work in this hallowed Chamber. Because of this need to show the public of our commitment, I have determined to not prolong the Redistricting Session beyond September 20, 2001, unless there is a 31 vote, bipartisan support for the reapportionment legislation.

At 6:00 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.

At 6:20 P.M., the Senate resumed.

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

On motion of Senator WALDREP, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator WALDREP spoke on the report.

On motion of Senator WALDREP, the Report of the Committee of Conference to H. 3946 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/   SECTION   1.   Act 1030 of 1964 was enacted to take advantage of federal funding available through the Farmer's Home Administration Act to provide for the growing need for utility and other services, especially in rural areas. Since that time, the availability of the funding has diminished, and federal and state funding are more often provided from additional sources. The General Assembly finds, under certain conditions, that the not-for-profit corporations organized under Act 1030 of 1964, for the purposes of providing water services, should be granted the right to elect to become public bodies politic and corporate for reasons including, but not limited to, the following:

(1)   the opportunity to receive funding, loans, and grants from other sources such as the State Revolving Fund will be increased or enhanced;

(2)   the right to participate in a joint municipal water system as authorized under Chapter 25, Title 6 of the 1976 Code will be afforded; and

(3)   the cost of borrowing money for infrastructure construction and expansion will be lower and growth demands more economically met.

SECTION   2.   Title 33, Chapter 36 of the 1976 Code is amended by adding:

Section 33-36-1310.   (A)   For the exclusive purposes of participating in a joint municipal water system as authorized under Chapter 25, Title 6, a nonprofit corporation incorporated for the purposes of providing water or water and sewer services, pursuant to the provisions of this chapter may elect, by resolution, to become a public service district, a public body politic and corporate:

(1)   before January 1, 2002, upon a majority vote of its members constituting a quorum present at a duly called and noticed meeting; or

(2)   on and after January 1, 2002, upon a majority vote of fifteen percent of its members present or by proxy at a duly called and noticed meeting.

(B)   Notice of this meeting must be given by regular mail, addressed to the last known address of the member, and mailed not less than ten days prior to the meeting. The secretary of the corporation shall certify the date of mailing. The notice shall state the purpose, time, and place of the meeting.

(C)   Upon a favorable vote, the chief executive officer of the corporation shall petition the Secretary of State to issue a new charter to convert and constitute the nonprofit corporation a public service district, a public body politic and corporate.

Section 33-36-1320.   (A)   The petition shall include:

(1)   the name of the district;

(2)   an attached copy of the resolution adopted, certified by the secretary of the corporation;

(3)   the name of the current board of directors, their terms of office, and expiration dates;

(4)   the desire to become a public body corporate and politic; and

(5)   a word description and an attached map showing the present and existing boundaries of the service area.

(B)   Upon receipt of the petition, the Secretary of State must verify the contents of the petition and their compliance with subsection (A). Upon verification, the Secretary of State must issue a new charter, referencing the petition, and designating the corporation as a public service district, a public body politic and corporate of the State.

Section 33-36-1330.   (A)   The existing board of directors and officers shall serve until the expiration of their present terms. Thereafter, and not less than forty-five days prior to any expiration of the term of a board member, the board of directors shall submit to the county legislative delegation the name or names of a person or persons recommended for appointment or reappointment. A letter of recommendation by the board stating why the name or names are recommended shall accompany the submission. The county legislative delegation shall consider the recommendation of the board but are not limited to make a selection for its own recommendation from among those submitted. Upon recommendation of the county legislative delegation, members of the board must be appointed by the Governor for a term of four years. A vacancy may be filled by the board, if the remaining term is less than two years; if more than two years, then in the usual manner for the unexpired term.

(B)   The governing body of the district, by a resolution adopted by a two-thirds vote of all members of the governing body, may request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated must be presented to the county election commission prior to August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year. The governing body must be elected from single-member election districts.

(C)   Notice of the election must be published by the governing body of the district at least three times prior to the election, including (i) not less than sixty days prior to the date of the election, (ii) two weeks after the first date of publication, and (iii) a date not more than fifteen and not less than ten days before the date of the election. The notice must appear in a newspaper of general circulation within the district and contain at a minimum the following:

(1)   the full name of the district and its governing body;

(2)   the names, addresses, and telephone numbers of the members of the district's governing body;

(3)   the existing means of appointment of members of the district's governing body;

(4)   a brief description of the governmental services provided by the district;

(5)   a map showing generally the boundaries of the district;

(6)   a list of precincts and polling places in which ballots may be cast; and

(7)   an explanation of the procedure to be followed for election of members of the district's governing body and state.

Section 33-36-1340.   (A)   On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file a statement of intention of candidacy with the entity charged by law with conducting the election. Except for the initial election of commissioners as provided in subsection (B), all commissioners must be elected on an at-large basis for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.

(B)   For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority thereof shall serve terms which expire fourteen days following the general election held two years after the initial election. Those commissioners entitled to serve the initial four-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners shall serve terms which expire fourteen days following the general election held the year following the initial election.

(C)   The county election commission is charged with conducting and supervising the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190.

Section 33-36-1350.   The board shall annually elect its officers, a chairperson, vice chairperson, and a secretary and treasurer. The latter two offices may be combined.

Section 33-36-1360.   (A)   The newly converted district has all rights and powers of a public body politic and corporate of this State including, without limitations, all the rights and powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the following rights and powers to:

(1)   have perpetual succession;

(2)   sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person;

(3)   adopt, use, and alter a corporate seal;

(4)   maintain a principal office;

(5)   adopt, change, amend, and repeal bylaws for the management and regulation of its affairs;

(6)   receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money;

(7)   purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, trunk and collection lines, dykes, dams, reservoirs, water and wastewater treatment facilities, and any adjunct facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service in connection with the sale of water or supply of sewer service;

(8)   acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining the system;

(9)   enter into contracts of short or long duration;

(10)   prescribe rate charges for its services and enact regulations;

(11)   make contracts of all kinds and execute all instruments or documents necessary or convenient to carry out the business of the district;

(12)   sell, lease, exchange, transfer, or otherwise dispose of or grant option for any purpose with respect to any real or personal property or interest in them in conformity with state law;

(13)   acquire by purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;

(14)   incur liabilities, lend and borrow money, issue bonds or notes of the district, secure its obligations by mortgage, and pledge or assign any money, rents, charges, or other revenues and any proceeds derived by the district from the sales of property, insurance, or condemnation awards;

(15)   acquire, enjoy, utilize, and dispose of patents, copyrights, and trademarks and licenses and other rights or interests in them;

(16)   authorize the construction, operation, maintenance of any project by any person, firm, or corporation, including political subdivisions and agencies of any state of the United States;

(17)   apply to the appropriate agencies of the State, the United States or any state, and to any other proper agency for and obtain from them permits, licenses, certificates, or approvals as may be necessary; and construct, maintain, and operate the project in accordance with such license, permits, certificates, or approvals;

(18)   appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they must be bonded for the faithful performance of their duties;

(19)   employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employers as may be required in the judgment of the district and fix and pay their compensation from funds available to the joint system, if applicable;

(20)   engage in the business of supplying water, water distribution, or sewage collection or treatment; and

(21)   exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19).

(B)   The rates charged for services furnished for the purpose of providing water supply or sewage disposal, or a combination of these services, is not subject to supervision or regulations by any state bureau, board, commission, or like instrumentality or agency of it.

Section 33-36-1370.   Districts converted pursuant to this article shall assume all assets, properties, and liabilities of the antecedent nonprofit corporation."

SECTION   3.   Section 6-25-20(h) of the 1976 Code is amended to read:

"(h) 'Member of a joint system' means those municipalities whose governing bodies have agreed (1) to create a joint municipal water system to undertake the impounding, acquisition, treatment, production, transmission, distribution, service, and sale of water to a municipality which is a member of the system and other municipalities, and persons which are not members when approved by the governing body of each member or (2) to create a joint municipal water system for the purpose of creating a financing pool. A joint municipal water system created for the purpose of creating a financing pool may have as nonvoting members not-for-profit nonprofit corporations created pursuant to Chapter 35 36 of Title 33; however, a nonprofit corporation which has become a public service district pursuant to Article 8 of Chapter 36 of Title 33 is a voting member."

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

Amend title to read:

/ TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE; AND TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO INCLUDE AS A VOTING MEMBER A NONPROFIT CORPORATION WHICH HAS BECOME A PUBLIC SERVICE DISTRICT PURSUANT TO ARTICLE 8, CHAPTER 36 OF TITLE 33 AS ADDED BY THIS ACT. /

/s/Robert L. Waldrep              /s/Robert W. Harrell, Jr.
/s/William H. O'Dell              /s/Daniel T. Cooper
/s/Thomas C. Alexander            /s/Annette D. Young
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered whereby it adopted the Report of the Committee of Conference on the following Bill and has recommitted it to the Committee of Conference:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

A message was sent to the House accordingly.

Columbia, S.C., June 20, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
Very respectfully,
Speaker of the House

Received as information.

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

On motion of Senator LEVENTIS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEVENTIS spoke on the report.

On motion of Senator LEVENTIS, the Report of the Committee of Conference to S. 394 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

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

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:/ S. 394 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-4-160 AND 20-1-375, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A DOMESTIC VIOLENCE FUND.SECTION   1.   Chapter 4, Title 20 of the 1976 Code is amended by adding:   "Section 20-4-160.   (A)   There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.

(B)   In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:

(1)   have been in operation on the preceding July 1 and continue to be in operation; and

(2)   offer the following services:

(a)   a twenty-four hour hotline;

(b)   transportation services;

(c)   community education programs;

(d)   daytime services, including counseling; and

(e)   other criteria as may be established by the department.

(C)   The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."

SECTION   2.   Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-375.   In addition to the marriage license fee authorized pursuant to Section 20-1-230, there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160."

SECTION 3.   This act takes effect upon approval by the Governor. /   Amend title to conform.

/s/Phil P. Leventis               Michael E. Easterday
/s/Robert W. Hayes, Jr.           /s/James E. Smith, Jr.
/s/Larry A. Martin                /s/G. Murrell Smith, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
Very respectfully,
Speaker of the House

Received as information.

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence with the House amendments.

Senator LEVENTIS explained the House amendments.

Senators PEELER, ALEXANDER, O'DELL, GIESE, HOLLAND, WILSON, PATTERSON, MATTHEWS, PINCKNEY and GLOVER proposed the following Amendment No. 1A (GJK\20771SD01), which was adopted:

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

/SECTION   ____.   The 1976 Code is amended by adding:

"Section 33-42-75.   Any manufacturer, brewer, or importer of beer as referenced in Section 61-4-1115, or its affiliate may hold an interest in a limited partnership providing financial assistance to a general partner wholesaler, but may only exercise that control of the limited partnership business as is permitted by this Uniform Limited Partnership Act. However, in no event may the limited partner, directly or indirectly, have any managerial control or decision-making authority including personnel decisions, with respect to the day-to-day operations of the limited partnership, and upon a default by the general partner wholesaler, the limited partner is not entitled, directly or indirectly, to any additional control, ownership, or financial interest in the general partner wholesaler, nor may the limited partner become the general partner in the limited partnership. No manufacturer, brewer, or importer of beer or its affiliate licensed in this State, directly or indirectly, may have any financial or ownership interest in the general partner wholesaler. It is further declared an unfair trade practice for any manufacturer, brewer, or importer of beer or its affiliate holding an interest in a limited partnership providing financial assistance to a general partner wholesaler pursuant to this section to have directly or indirectly any managerial control or decision-making authority, including personnel decisions, with respect to the day-to-day operations of the limited partnership.

The only financial assistance that may be provided under the provisions of this section is the initial financial assistance to the limited partnership to acquire a licensed beer wholesaler. In this arrangement for financial assistance, the federal basic permit and the wholesaler's license issued by the department must be issued in the name of the general partner wholesaler on behalf of the limited partnership, and not in the name of the limited partnership nor in the name of the manufacturer, brewer, or importer or its affiliate.

The limited partnership may not exist for more than ten years from the date of its creation and may not be recreated, renewed, or extended beyond that date. The limited partnership shall not be considered as amending or otherwise altering Title 61 except for the limited purposes permitted in this section in connection with a manufacturer, brewer, or importer of beer or its affiliate who is licensed in this State providing the financial assistance. A manufacturer, brewer, or importer or its affiliate shall not mandate, directly or indirectly, that a wholesaler use the financial assistance as described in this section.

A violation of this section is deemed to be a violation of the South Carolina Unfair Trade Practices Act." /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS asked unanimous consent to make a motion to withdraw the Point of Order raised on June 6, 2001, that Amendment No. 1A was not germane.

There was no objection and the Point of Order was withdrawn.

Senator PEELER explained the amendment.

Senator LEVENTIS explained the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

On motion of Senator RICHARDSON, with unanimous consent, Senator RYBERG was recorded as voting in favor of the adoption of the amendment.

Senators LEATHERMAN and HUTTO proposed the following amendment (JUD0321.051), which was adopted:

Amend the bill, as and if amended, page 2, line 25, in Section 61-4-735(C), as contained in SECTION 2, by inserting / rulings or     / after /department/.

Amend the bill further, as and if amended, page 3, line 40, in Section 61-4-737, as contained in SECTION 3, by inserting / rulings or     / after /department/.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 3B (321R002.PPL), which was tabled:

Amend the bill, as and if amended, by striking Section 33-42-75 in its entirety and inserting:

/   "Section 33-42-75.   Any manufacturer, brewer, or importer of beer referenced in Section 61-4-1115, or its affiliate may provide financial assistance to a partnership or other business entity for the purpose of acquiring a licensed beer wholesaler. However, in no event may the manufacturer, brewer, or importer of beer, directly or indirectly, have any managerial control or decision-making authority including personnel decisions, with respect to the day-to-day operations of the partnership or other business entity. In the event of a default by the partnership or other business entity, the security holder is not entitled, directly or indirectly, to any control, ownership, or equity interest in the wholesaler franchise, nor may the manufacturer, brewer, or importer of beer become the wholesaler. No manufacturer, brewer, or importer of beer or its affiliate licensed in this state, directly or indirectly, may have any financial or ownership interest in the partnership or other business entity that acquires a licensed beer wholesaler. It is further declared an unfair trade practice for any manufacturer, brewer, or importer of beer or its affiliate, directly or indirectly, providing financial assistance to the partnership or other business entity pursuant to this section to directly or indirectly, have any managerial control or decision-making authority including personnel decisions, with respect to the day-to-day operations of the partnership or other business entity.

The only financial assistance that may be provided under the provisions of this section is financial assistance to the partnership or other business entity made available for the purpose of acquiring a licensed beer wholesaler. In this arrangement for financial assistance, the federal basic permit and wholesaler's license issued by the department must be issued in the name of the general partner or controlling officer or shareholder of another business entity acquiring the beer wholesaler and not in the name of a limited partner or minority officer or shareholder of another business entity nor in the name of the manufacturer, brewer, or importer of beer or its affiliate.

The agreement or arrangement establishing the financial assistance may not exceed a period of ten years from the date of its creation and may not be recreated, renewed, or extended beyond the ten-year period. This section must not be construed as altering any other provision of Title 61 and is for the limited purpose authorized and in this section in connection with a manufacturer, brewer, or importer of beer or its affiliate licensed in this state providing financial assistance. A manufacturer, brewer, or importer of beer or its affiliate shall not mandate, directly or indirectly, that a wholesaler use the financial assistance authorized in this section.

A violation of this section is deemed to be a violation of the South Carolina Unfair Trade Practices Act."     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator PEELER spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Giese
Grooms                    Hawkins                   Hayes
Hutto                     Leatherman                Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Peeler                    Rankin
Ravenel                   Reese                     Richardson
Ryberg *                  Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep                   Wilson

Ford                      Land                      Leventis
Ritchie

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Senator HUTTO proposed the following Amendment No. 4A (JUD0321.041), which was adopted:

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

/ SECTION ___. The 1976 Code is amended by adding:

"Section 61-6-1505. Notwithstanding any other provision of law, a retailer dealer may be also licensed under Chapter 41 of Title 34 in order to engage in check cashing services in the retail premises." /

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.

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.

Senator McCONNELL asked unanimous consent to make a motion to proceed to a consideration of the Concurrent Resolution.

There was no objection.

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 29, 2001.

On motion of Senator MOORE, with unanimous consent, Amendment No. 1 was withdrawn from consideration.

Senators McCONNELL and MOORE proposed the following Amendment No. P4 (JUD0583.20), which was adopted:

Amend the committee report, as and if amended, page [583-1], beginning on line 24, by striking the committee report after the resolving words and inserting therein the following:

/   Effective with the ratification of H. 3687 and S. 559:

The extra session of the General Assembly beginning 12:00 noon, Wednesday, June 20, 2001, will continue in session after June 22, 2001, under the following terms and conditions:

(A)   When each house adjourns on Wednesday, June 20, 2001, it shall stand adjourned to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 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)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)   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;

(6)   receipt and consideration of resolutions expressing sympathy or congratulations;

(7)   concurrence or nonconcurrence in amendments on bills received from the other house;

(8)   receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate; and

(9)   receipt and consideration of H. 3307, including, but not limited to, receipt, consideration, and disposition of any conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments.

(B)   When each house adjourns subject to section (A) and not later than 5:00 p.m. on Friday, June 22, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the 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)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)   receipt and consideration of resolutions expressing sympathy or congratulations;

(6)   receipt and consideration of redistricting legislation, including, but not limited to, 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, school districts, and the six United States Congressional Seats allocated to South Carolina;

(7)   receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;

(8)   receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate; and

(9)   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.

(C)   When each house adjourns subject to section (B) and not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Wednesday, September 19, 2001, and to continue in statewide session, if necessary, until Friday, September 21, 2001, not later than 5:00 p.m. for the consideration of the following matters:

(1)   receipt and consideration of redistricting legislation, including consideration of conference or free conference reports, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;

(2)   receipt and consideration of gubernatorial vetoes;

(3)   receipt, consideration, and confirmation of appointments;

(4)   ratification of acts;

(5)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(6)   receipt and consideration of resolutions expressing sympathy or congratulations;

(7)   receipt and consideration of resolutions related to the terms and conditions of the extra session where such resolutions are adopted by a two-thirds vote of the total membership of the members of the House of Representatives and the Senate;

(8)   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; and

(9)   receipt and consideration of primary election legislation and related matters pertaining to redistricting issues.

(D)   Each house may provide for local session days during the periods between June 22 and August 13, 2001, and between September 7 and September 19, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.

(E)   Each house on its own motion may provide for session days during the period between September 7 and September 19, 2001, for consideration of any legislation of a subject matter authorized in items (1), (2), (3), (7), and (8) of section (C).

(F)   Each house on its own motion may adjourn for periods in excess of three days and any such period(s) of adjournment exceeding three days are deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of the State.

(G)   The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at a mutually convenient time between June 22 and August 13, 2001, and between September 7 and September 19, 2001.

(H)   The House may meet for administrative purposes upon the call of the Speaker of the House between June 22, 2001 and the date when the extra session of the General Assembly is adjourned sine die.

(I)   The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 22, 2001 and August 13, 2001 but at least specifically on June 28, 2001 at 1:00 p.m. through June 29, 2001 at 5:00 p.m. for the purpose of:

(1)   receipt and consideration of gubernatorial vetoes;

(2)   receipt, consideration, and confirmation of appointments;

(3)   receipt and consideration of resolutions expressing sympathy or congratulations; and

(4)   receipt and consideration of legislation effecting redistricting of school districts.

(J)   The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 22, 2001, and the date when the extra session of the General Assembly is adjourned sine die for the purpose of considering any matters listed in items (B)(1), (B)(3), (B)(6), and (B)(7) of this resolution.

(K)   When each house adjourns subject to section (C) and not later than 5:00 p.m. on Friday, September 21, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001, and unless the extra session is otherwise adjourned sine die at an earlier date after September 21, 2001, on December 31, 2001, not later than 5:00 p.m. the extra session of the General Assembly shall stand adjourned sine die. During any such extension of the extra session by mutual consent of the Speaker of the House and the President Pro Tempore of the Senate under item (J), the respective houses are limited to consideration of matters listed in items (B)(1), (B)(3), (B)(6), and (B)(7) of this resolution.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0583.001), which was adopted, as perfected by the preceding amendment:

Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting therein 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 to meet in statewide session at 11:00 a.m. on Tuesday, June 19, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 21, 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)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)   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;

(6)   receipt and consideration of resolutions expressing sympathy or congratulations;

(7)   receipt and consideration of resolutions affecting sine die adjournment;

(8)   concurrence or nonconcurrence in amendments on bills received from the other house; and

(9)   consideration of S.496 relating to the lottery or any other lottery-related bill in lieu of S.496.

(B)   When each house adjourns not later than 5:00 p.m. on Thursday, June 21, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the 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)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)   receipt and consideration of resolutions expressing sympathy or congratulations;

(6)   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;

(7)   receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;

(8)   receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations; and

(9)   receipt and consideration of resolutions affecting sine die adjournment.

(C)   When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Tuesday, September 18, 2001, and to continue in statewide session, if necessary, until Monday, September 24, 2001, not later than 5:00 p.m. for the consideration of the following matters:

(1)   receipt and consideration of gubernatorial vetoes;

(2)   receipt, consideration, and confirmation of appointments;

(3)   ratification of acts;

(4)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(5)   receipt and consideration of resolutions expressing sympathy or congratulations;

(6)   receipt and consideration of resolutions affecting the sine die adjournment date; and

(7)   receipt, consideration, and disposition of conference and free conference reports relating to S.496 or any other lottery-related bill, appointment of conference and free conference committees relating to these bills, and messages pertaining to such reports and appointments.

(D)   Each house also may provide for local session days during the periods between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7 and September 18, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.

(E)   The Speaker of the House and the President Pro Tempore of the Senate may ratify acts at a mutually convenient time between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7 and September 18, 2001.

(F)   Each house may meet for the purpose of election of officers by the respective bodies upon the call of the Speaker of the House or the President Pro Tempore of the Senate between June 7, 2001, and the date when the General Assembly stands adjourned sine die.

(G)   The Speaker of the House and the President Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 7, 2001, and the date when the General Assembly stands adjourned sine die for the purpose of considering any matters listed in this resolution. If the Speaker of the House and the President Pro Tempore of the Senate call their respective houses into statewide session under the provisions of this subsection, they must designate the specific items to be considered and the duration of such consideration which shall be binding upon each house.

(H)   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 set forth in subsection (B)(4), (5), (6), (7), (8), and (9) or (C)(4), (5), (6), and (7) of this resolution.

(I)   When each house adjourns not later than 5:00 p.m. on Monday, September 24, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001; and unless otherwise adjourned sine die at an earlier date after September 24, 2001, on December 31, 2001, not later than 5:00 p.m., the General Assembly shall stand adjourned sine die. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted, as perfected.

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

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, THE ECONOMIC DEVELOPMENT AUTHORITY, POLITICAL SUBDIVISIONS, TELECOMMUNICATIONS, AND OTHER SECTIONS OF TITLE 12; AND TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES; 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; TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator ALEXANDER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, THE ECONOMIC DEVELOPMENT AUTHORITY, POLITICAL SUBDIVISIONS, TELECOMMUNICATIONS, AND OTHER SECTIONS OF TITLE 12; AND TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES; 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; TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. R. Smith, Robinson and Meacham-Richardson to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, THE ECONOMIC DEVELOPMENT AUTHORITY, POLITICAL SUBDIVISIONS, TELECOMMUNICATIONS, AND OTHER SECTIONS OF TITLE 12; AND TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES; 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; TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)

Whereupon, Senators SHORT, GROOMS and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J.R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.

The House returned the Bill with amendments.

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

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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".

On motion of Senator RICHARDSON, with unanimous consent, the Bill was taken up for immediate consideration.

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

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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.

Returned with concurrence.

Received as information.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator McCONNELL spoke on the report.

Senator LEVENTIS argued contra to the adoption of the Report of the Committee of Conference on H. 3687.

Senator PASSAILAIGUE argued contra to the adoption of the Report of the Committee of Conference.

At 7:20 P.M., Senator MARTIN assumed the Chair.

Senator MATTHEWS argued contra to the adoption of the Report of the Committee of Conference.

Senator SETZLER argued contra to the adoption of the Report of the Committee of Conference.

Senator LAND argued contra to the adoption of the Report of the Committee of Conference.

Senator JACKSON argued contra to the adoption of the Report of the Committee of Conference.

The question then was the adoption of the Report of the Committee of Conference on H. 3687, incorporated herein by reference in Doc. No. P:\amend\BBM\10455HTC01).

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

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

Anderson                  Drummond                  Ford
Glover                    Holland *                 Hutto
Jackson                   Land                      Leventis
Matthews                  Moore                     O'Dell
Passailaigue              Patterson *               Pinckney *
Reese                     Saleeby *                 Setzler
Short

At 8:22 P.M., the PRESIDENT assumed the Chair.

The Report of the Committee of Conference to H. 3687 as contained in Doc. No. P:\amend\BBM\10455HTC01 was adopted. The report may be accessed at www.scstatehouse.net.

, and a message was sent to the House accordingly.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

S. 718 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX ALLOWED CERTAIN DEVELOPMENT PROJECTS, SO AS TO PROVIDE ADDITIONAL TIME FOR THE REQUIRED NEW INVESTMENT THRESHOLDS TO BE MET IN THE CASE OF A BUSINESS ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO IN THE FEE AGREEMENT.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question then was concurrence in the House amendments.

Senator MOORE proposed the following Amendment No. 1 (718R001.TLM), which was adopted:

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

/     SECTION   ____.   (A)   Regardless of an election made pursuant to Section 12-6-1170 of the 1976 Code to defer until age sixty-five a retirement income deduction, as that section applied for taxable years 1993 through 1997, or in the alternative, in case of a failure to make such an election, a South Carolina individual income taxpayer who received retirement income in one or more of those taxable years and who for one or more of those years claimed no retirement income deduction with respect to that retirement income is allowed a deduction from South Carolina taxable income of retirement income received in such a year not to exceed three thousand dollars.

(B)   For purposes of this section, "retirement income" has the meaning provided in Section 12-6-1170(4) of the 1976 Code as this section applied in taxable years 1993 through 1997.

(C)   Notwithstanding the provisions of Section 12-54-85(F) of the 1976 Code relating to the timeliness of claims for refunds and for taxable years 1993, 1994, 1995, 1996 only, the period within which such claims are timely filed is extended through April 15, 2002, for taxpayers filing a claim pursuant to this section.     /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House 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".

The House returned the Bill with amendments.

Senator ELLIOTT spoke on the amendments.

Senator RAVENEL spoke on the amendments.

On motion of Senator ELLIOTT, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Columbia, S.C., June 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Senator McCONNELL asked unanimous consent to make a motion that it be the Sense of the Senate that until the Senate stands adjourned Sine Die this year, the matters which may be taken up for consideration would be exclusively limited to those matters specifically enumerated in S. 583, the Sine Die Resolution, and further, the priority of matters to be considered shall continue to be governed by the Senate Rules, but no matter shall be eligible for consideration unless it is within a class of matters enumerated within the Sine Die Resolution.

Senator McCONNELL asked unanimous consent to make a motion that it be the Sense of the Senate that after June 29, 2001, the consideration of redistricting legislation and legislation affecting primary elections be the business of the Senate to the exclusion of all other matters and that such redistricting and primary election matters be masthead on the Senate Calendar following only the prayer and the Pledge of Allegiance.

At 8:55 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 9:00 P.M.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 21, 2001, at 9:00 P.M. and the following Acts were ratified:

(R146, S. 559 (Word version)) -- Finance Committee: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT, EFFECTIVE JULY 1, 2006, THE GROSS PROCEEDS OF SALES OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR PHASING DOWN THE RATE OF THE SALES TAX ON THESE ITEMS IN INCREMENTS OF ONE PERCENT, TO PROVIDE FOR THE APPLICATION OF THIS EXEMPTION TO LOCAL SALES AND USE TAXES, AND TO PROVIDE GENERAL FUND ACCOUNTING CHANGES TO HOLD HARMLESS STATE REVENUES FOR PUBLIC EDUCATION.
L:\COUNCIL\ACTS\559HTC01.DOC

(R147, H. 3687 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2001, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
L:\COUNCIL\ACTS\3687HTC01.DOC

I have served in the General Assembly for 17 years, 6 of those in the Senate. In all those years, I have never witnessed the pervasive arrogance and demagoguery plaguing the Senate this year.

The Governor and his henchmen have intentionally and continuously obstructed the normal course of the people's business in this body this session. Day after day, the Senate Democrats - at the Governor's direction - held forth with filibuster after filibuster. Day after day, the Senate Democrats - at the Governor's direction - wasted taxpayer dollar upon taxpayer dollar.

Yesterday, the Governor exhibited the height of hypocrisy by placing a sign outside his office tallying the so-called "price tag" for each day of this special session and pointing out that this cost equals the cost of a new school bus. He then declared that the Republicans alone bear the burden for this cost.

The Governor's arrogance and hypocrisy is repugnant. The burden rests solely with him and his henchmen.

Recall, my friends, that Republicans ALONE introduced the Sine Die resolution. Republicans ALONE voted it out of committee. And, Republicans ALONE voted for it on the floor.

The Democrats ALONE - at the Governor's direction - opposed us at every turn.

The Governor and the Senate Democrats must be held to account for this hypocrisy.

While I voted for the Sine Die resolution and, thereby, agreed to forego any additional pay in an extended session, I simply cannot in good conscience reject that pay now. To do so would allow the Governor's hypocrisy to go without redress and that I simply will not do.

Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Mildred Weathers McDuffie, 1013 King Street, Columbia, S.C. 29250

Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Patrick J. Noble, 14 New Holland Circle, Columbia, S.C. 29203

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mildred Claire Camlin Davis of West Columbia, S.C.

At 9:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet on Thursday, June 28, 2001, at 1:00 P.M. pursuant to the provisions of S. 583, the Sine Die Resolution.

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