South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate


Printed Page 2358 . . . . . Tuesday, May 29, 2001

Tuesday, May 29, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, on the occasion of Memorial Day yesterday, hear the prophet Isaiah's word of hope, Chapter 62:4:

"Thou shalt no more be termed forsaken;

Neither shall your land any more be termed 'desolate'."
Let us pray.

God of our fathers whose Almighty hand led our forebears and sustained them through blood, sweat and tears.

We thank You for the vision of a great new nation called "America."

What monuments can we erect, dear Lord, to their memory?

Help us to begin with our lives, dedicated anew to the vision of One Nation "Under God."

We remember those buried beneath the waves of the sea, the white crosses that dot a hundred battle fields, and more, the whole world around, and those buried at home in their youth, robbed of their maturity, families, children and sometimes called "Golden Years."

Forget us not! King of Kings! And Lord of Lords!
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

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

Regional Council of Governments

L. Chriswell Bickley, Jr., Executive Director, Lower Council of Governments, P. O. Box 98, Yemassee, S.C. 29945


Printed Page 2359 . . . . . Tuesday, May 29, 2001

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

Public Service Districts

Brian L. Burgess, Saluda Co. Water & Sewer Authority, 113 East Church St., Saluda, S.C. 29138

Referred to the Committee on Agriculture and Natural Resources.

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

Industry

J. Keith Griffin, Springs Industries, Inc., P. O. Box 111, Lancaster, S.C. 29721

Referred to the Committee on Agriculture and Natural Resources.

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

Municipalities

J. William Taylor, City of Cheraw, P. O. Box 111, Cheraw, S.C. 29520-0111

Referred to the Committee on Agriculture and Natural Resources.

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

Special Purpose Districts

Martha B. "Terry" Tudor, P. O. Box 39, Goose Creek, S.C. 29445

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

Counties

F. Pickens Williams, Jr., County Administrator, Barnwell County, 57 Wall Street, Room 126, Barnwell, S.C. 29812

Referred to the Committee on Agriculture and Natural Resources.


Printed Page 2360 . . . . . Tuesday, May 29, 2001

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1998, and to expire April 1, 2003

At-Large

Gary L. Burgess, 140 Miller Circle, Anderson, S.C. 29670 VICE Augustus Burgdorf

Referred to the Committee on Education.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 1999, and to expire August 1, 2004

Court/victim assistant

Martha M. Bateman, 212 Deming Way, Box 9, Summerville, S.C. 29483 VICE Ethel D. Lowry

Referred to the Committee on Judiciary.

Reappointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 2001, and to expire June 30, 2005

Therapist

Carolyn C. Talley, 200 Springs Meadow Road, Simpsonville, S.C. 29681

Referred to the Committee on Labor, Commerce and Industry.

Doctor of the Day

Senator LAND introduced Dr. Gary Culbertson of Sumter, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator LAND, at 12:17 P.M., Senator SALEEBY was granted a leave of absence for today.

Leave of Absence

On motion of Senator MATTHEWS, at 12:30 P.M., Senators MATTHEWS and HUTTO were granted a leave of absence from 2:00 until 8:00 P.M., on Wednesday, May 30, 2001.

Leave of Absence

On motion of Senator RAVENEL, at 12:45 P.M., Senator McCONNELL was granted a leave of absence until 2:45 P.M. today.


Printed Page 2361 . . . . . Tuesday, May 29, 2001

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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.
l:\council\bills\gjk\20740htc01.doc

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

S. 719 (Word version) -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3505 SO AS TO ALLOW A TAX CREDIT AGAINST THE SOUTH CAROLINA INCOME TAX LIABILITY OF A RESIDENT INDIVIDUAL FOR TUITION PAID BY THE TAXPAYER OR PURCHASES OF COMPUTER HARDWARE, EDUCATIONAL SOFTWARE, AND BOOKS MADE BY THE TAXPAYER ON BEHALF OF A DEPENDENT CLAIMED BY THE TAXPAYER ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN; TO LIMIT THE CREDIT TO ONE THOUSAND DOLLARS FOR EACH DEPENDENT; TO PROVIDE THAT TUITION FOR WHICH THE CREDIT MAY BE CLAIMED AND THE AGE LIMIT ON THE STUDENT FOR WHICH THE COMPUTER HARDWARE, SOFTWARE, OR BOOK PURCHASES ARE MADE; TO ALLOW A FIVE-YEAR CARRYFORWARD FOR UNUSED CREDIT; AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO REQUIRE APPROPRIATE DOCUMENTATION.
l:\council\bills\bbm\10442htc01.doc

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


Printed Page 2362 . . . . . Tuesday, May 29, 2001

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO


Printed Page 2363 . . . . . Tuesday, May 29, 2001

LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

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

H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.

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

H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.

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


Printed Page 2364 . . . . . Tuesday, May 29, 2001

H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.

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

CONFERENCE COMMITTEE APPOINTED

H. 3687--GENERAL APPROPRIATION BILL

Whereupon, Senators LEATHERMAN, PEELER and SETZLER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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

The House returned the Bill with amendments.


Printed Page 2365 . . . . . Tuesday, May 29, 2001

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

Senators J. VERNE SMITH, LEVENTIS and ALEXANDER proposed the following amendment (41C001.MRH), which was adopted:

Amend the bill, as and if amended, page 7, by striking SECTION 8.

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the House amendments.

The amendment was adopted.

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

NONCONCURRENCE

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.

The House returned the Bill with amendments.

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

NONCONCURRENCE

S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS


Printed Page 2366 . . . . . Tuesday, May 29, 2001

NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.

The House returned the Bill with amendments.

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

NONCONCURRENCE RECONSIDERED
CONCURRENCE IN HOUSE AMENDMENTS
ENROLLED FOR RATIFICATION

S. 627 (Word version) -- Senator Saleeby: A BILL TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate nonconcurred with the House amendments.

There was no objection.

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

In the absence of Senator SALEEBY, on motion of Senator LAND, 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.

HOUSE CONCURRENCE

S. 652 (Word version) -- Senators Wilson, Land, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A


Printed Page 2367 . . . . . Tuesday, May 29, 2001

CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO WAIVE THE MATCHING FUNDS REQUIREMENT FOR FEDERAL HIGHWAY FUNDS AVAILABLE TO SOUTH CAROLINA PURSUANT TO THE REVENUE ALIGNED BUDGET AUTHORITY ACT (RABA).

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 683 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF THE ARMY AND MONCRIEF ARMY HOSPITAL AT FORT JACKSON, SOUTH CAROLINA, TO REINSTATE THE VETERANS ADMINISTRATION COUNTY OFFICE COURIER SERVICE SO AS TO CONTINUE TO PROVIDE VETERANS WITH THE COUNTY OFFICE COURIER PROGRAM AS A PRESCRIPTION OPTION.

Returned with concurrence.

Received as information.

Message from the House

Columbia, S.C., May 23, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. W. D. Smith, Keegan and Carnell to the Committee of Conference on the part of the House on:

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE


Printed Page 2368 . . . . . Tuesday, May 29, 2001

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

Received as information.


Printed Page 2369 . . . . . Tuesday, May 29, 2001

Message from the House

Columbia, S.C., May 24, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 706 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE DEFINITION OF A LIMOUSINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 560 (Word version) -- Senators Rankin and Wilson: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN


Printed Page 2370 . . . . . Tuesday, May 29, 2001

IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 465 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION.


Printed Page 2371 . . . . . Tuesday, May 29, 2001

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The Agriculture and Natural Resources Committee proposed the following amendment (S465SUBCOMMITTEE.002), which was adopted:

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

/     SECTION___. Section 20-7-510 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding an appropriately numbered subitem to read:

"( ) An animal control officer, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or an agent of any society incorporated for the purpose of preventing cruelty to animals who reports pursuant to this section or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. This immunity extends to full disclosure by the animal control officer of facts which gave these persons reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect."     /

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

/     SECTION ___.   Section 43-35-25 of the 1976 Code, as added by Act 110 of 1993, is amended by adding an appropriately numbered subitem to read:

"( )     An animal control officer, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals, or an agent of any society incorporated for the purpose of preventing cruelty to animals who reports pursuant to this section or who participates in an investigation or judicial proceeding resulting from a report is immune from civil and criminal liability which may otherwise result by reason of this action. This immunity extends to full disclosure by the animal control officer of facts which gave these persons reason to believe that a vulnerable adult had been or is likely to be abused, neglected, or exploited."     /

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the committee amendment.


Printed Page 2372 . . . . . Tuesday, May 29, 2001

The committee amendment was adopted.

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

S. 465--Co-Sponsor Added

On motion of Senator WILSON, with unanimous consent, the name of Senator WILSON was added as a co-sponsor of S. 465.

AMENDED, READ THE SECOND TIME

S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.

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

Senator WALDREP proposed the following amendment (S653.RLW001), which was adopted:

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

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 46-9-35.   (A) Licensing examinations and licensing examination questions maintained or administered, or both, by the commission, its agents, or employees are confidential and are exempt from public disclosure.

(B)   The commission shall within twenty-one days after receipt of a written request from an applicant who failed the licensing examination, arrange a meeting between a commission agent and the applicant to review the applicant's licensing examination answers. Such a meeting must be held in the commission office nearest the applicant's residence."

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

Renumber sections to conform.

Amend title to conform.


Printed Page 2373 . . . . . Tuesday, May 29, 2001

Senator WALDREP explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

ADOPTED

S. 717 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SOUTH CAROLINA ARTISANS CENTER" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57 IN COLLETON COUNTY.

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

PROPOSED AMENDMENT WITHDRAWN

H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M. Smith, J.E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.

On motion of Senator FAIR, with unanimous consent, Amendment No. 1 (3614C001.mrh) proposed by Senator FAIR and previously printed on May 2, 2001, was withdrawn.


Printed Page 2374 . . . . . Tuesday, May 29, 2001

PROPOSED AMENDMENT WITHDRAWN

H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.

On motion of Senator FAIR, with unanimous consent, Amendment No. 1 (3427C001.mrh) proposed by Senator FAIR and previously printed on May 8, 2001, was withdrawn.

AMENDMENT PROPOSED, OBJECTION

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

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

There was no objection.

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

Senators FAIR and GROOMS proposed the following amendment (173R002.MLF):

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

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

  "Article 89

'Choose Life' Special License Plates

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate


Printed Page 2375 . . . . . Tuesday, May 29, 2001

the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

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

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

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.


Printed Page 2376 . . . . . Tuesday, May 29, 2001

Senator HUTTO objected to further consideration of the Bill.

AMENDMENT PROPOSED, OBJECTION

S. 392 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 34, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL WILD TURKEY FEDERATION, TO PROVIDE THAT FEES COLLECTED ABOVE THE COST OF A REGULAR MOTOR VEHICLE REGISTRATION FEE MUST BE DISTRIBUTED TO THE NATIONAL WILDLIFE TURKEY FEDERATION, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE PLATES SHALL BE ISSUED.

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

Senators FAIR and GROOMS proposed the following amendment (392R002.MLF):

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

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

  "Article 89

'Choose Life' Special License Plates

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the


Printed Page 2377 . . . . . Tuesday, May 29, 2001

department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

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

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

Renumber sections to conform.

Amend title to conform.

Senator HUTTO objected to further consideration of the Bill.

OBJECTION

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO


Printed Page 2378 . . . . . Tuesday, May 29, 2001

CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator GREGORY asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.

Senator WALDREP objected.

Expression of Personal Interest

Senator PINCKNEY rose for an Expression of Personal Interest.

ACTING PRESIDENT PRESIDES

At 12:52 P.M., Senator J. VERNE SMITH assumed the Chair.

Senator PINCKNEY continued speaking on an Expression of Personal Interest.

ACTING PRESIDENT PRESIDES

At 1:17 P.M., Senator COURSON assumed the Chair.

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

CARRIED OVER

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF


Printed Page 2379 . . . . . Tuesday, May 29, 2001

IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over, with Senator PINCKNEY retaining the floor.

Motion Adopted

Senator MARTIN asked unanimous consent to make a motion that the Senate proceed to the immediate consideration of S. 583, the Sine Die Resolution, and after disposition of S. 583, the Senate would revert to a consideration of the Interrupted Debate, S. 96.

AMENDMENT PROPOSED

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


Printed Page 2380 . . . . . Tuesday, May 29, 2001

THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS UNTIL NOT LATER THAN 5:00 P.M. ON DECEMBER 31, 2001, TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS, AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

Amendment No. 1

Senator MOORE proposed the following Amendment No. 1 (RESMIN583-01FC.TLM):

Amend the resolution, page 583-1 through page 583-4, as and if amended, by striking the committee amendment in its entirety and inserting the following:

/   Amend the Concurrent Resolution, as and if amended, by striking all after the resolving words and inserting the following:

Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180, the mandatory SineDie adjournment date for the General Assembly is extended, as authorized


Printed Page 2381 . . . . . Tuesday, May 29, 2001

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 Monday, June 11, 2001, and to continue in statewide session, if necessary, not later than 8:00 p.m. on Friday, June 29, 2001, and when each house adjourns no later than Friday, June 29, 2001, it shall stand adjourned to meet at 11:00 a.m. on Monday, July 9, 2001 and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, September 7, 2001 for consideration of the following matters and subject to the following conditions, as applicable:

(1)   receipt and consideration of gubernatorial vetoes;

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

(3)   ratification of acts;

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

(5)   except as otherwise provided in items (9), (10) and (11); receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments for bills that are in conference or free conference status on or before June 7, 2001;

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

(7)   introduction, receipt and consideration of resolutions affecting Sine Die adjournment;

(8)   except as otherwise provided in items (9), (10) and (11); concurrence or nonconcurrence in amendments on bills received from the other house on or before June 7, 2001;

(9)   consideration of S.496 relating to the lottery or any other lottery-related bill in lieu of S.496. including receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments relating to S.496 or any other lottery-related bill in lieu of S.496;

(10)   introduction, receipt and consideration of redistricting legislation, including receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments, concerning the South Carolina House of


Printed Page 2382 . . . . . Tuesday, May 29, 2001

Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;

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

(12)   introduction, receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations.

(B)   Each house may adjourn for periods in excess of two days to allow time for its respective committees to meet, not to exceed forty days in the aggregate, provided that such period(s) of adjournment must occur prior to August 17,2001 and any such period(s) of adjournment exceeding two days shall be deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of this State.

(C)   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 for legislation authorized to be introduced or considered under the provisions of items (4), (6), (7), (9), (10), (11) and (12) of this resolution.

(D)   When each house adjourns not later than 5:00 p.m. on Friday September 7, 2001, the General Assembly shall stand adjourned Sine Die.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

PRESIDENT PRESIDES

At 1:58 P.M., the PRESIDENT assumed the Chair.

Senator MOORE explained the amendment.

Objection

Senator RICHARDSON asked unanimous consent to make a motion to place H. 3953, the Sine Die Resolution, in the status of Adjourned Debate immediately following S. 583.

Senator HUTTO objected.

Senator MOORE explained the amendment.


Printed Page 2383 . . . . . Tuesday, May 29, 2001

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator MOORE retaining the floor.

MOTION ADOPTED

On motion of Senators HUTTO, BRANTON, GROOMS, MESCHER, RAVENEL, MATTHEWS and McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Woodrow "Jim" Bilton, a well-known St. George businessman, ex-POW of World War II, former South Carolina Highway Commissioner, beloved husband and devoted father.

ADJOURNMENT

At 2:14 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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