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

Printed Page 3056 . . . . . Thursday, June 28, 2001

Thursday, June 28, 2001
(Extraordinary Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the words recorded by St. John in his Gospel, Chapter 8:32:

"Jesus said to the Jews, 'If you continue in my word, you are truly my disciples, and you will know the truth, and the truth will make you free'."
Let us pray.

Father, we know that truth comes in many languages... in many shapes and forms!

Father, there come times in our lives when we must communicate the truth, as we perceive the truth, to our fellow mortals. We do it in prose... in poetry... in the law... in metaphor or simile... or music!

Blessed Father, grant us the grace, this day, to hear the words of St. Paul to the Ephesians (4:15) that have reverberated across the millenniums, "Rather, speaking the truth in love, we are to grow up in every way..."
Amen.

Point of Quorum

At 1:05 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

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

COMMUNICATION RECEIVED

Office of the Speaker
South Carolina House of Representatives
P. O. Box 11867
Columbia, SC 29211

Printed Page 3057 . . . . . Thursday, June 28, 2001
The Honorable Jeffrey Gossett
Clerk of the Senate
Suite 401, Gressette Building
Columbia, South Carolina 29201

June 27, 2001

Dear Mr. Gossett:

Pursuant to Section G of S. 583, we, the Speaker of the House of Representatives and the President Pro Tempore of the Senate, have mutually agreed to ratify acts on June 28, 2001. All acts awaiting ratification are to be ratified including, but not limited to, the following:

S. 187
S. 321
S. 394
S. 729
H. 3030
H. 3131
H. 3160
H. 3272
H. 3885
H. 3891
H. 3900
H. 3946
H. 3966
H. 3974
H. 4022
H. 4143

Thank you for your attention to this matter. With warmest regards, we are
Sincerely,
/s/ Glenn F. McConnell           /s/ David H. Wilkins
President Pro Tempore           Speaker
SC Senate                     SC House of Representatives

Printed Page 3058 . . . . . Thursday, June 28, 2001

Motion to Ratify Adopted

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 12:45 P.M.

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 28, 2001, at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R148, S. 187 (Word version)) -- Senators Rankin, Short and Hutto: AN ACT TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO ALL MOTOR VEHICLES THAT OPERATE ON THE STATE'S HIGHWAYS AND STREETS, TO REVISE AND ESTABLISH THE AGE OR WEIGHT, OR BOTH, OF CHILDREN WHO MUST BE RESTRAINED IN EITHER A REAR-FACING SAFETY SEAT, BELT-POSITIONING BOOSTER SEAT, OR AN ADULT SEAT BELT; TO AMEND SECTION 56-5-6520, RELATING TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO AS TO REVISE THE AGE OF OCCUPANTS OF A MOTOR VEHICLE WHO MUST WEAR A SEAT BELT, PROVIDE THAT CERTAIN MOTOR VEHICLE OCCUPANTS MUST BE SECURED IN A CHILD RESTRAINT SYSTEM, TO PROVIDE THAT A MOTOR VEHICLE OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO POSSESSES A DRIVER'S LICENSE, SPECIAL RESTRICTED LICENSE, OR BEGINNER'S PERMIT AND NOT THE DRIVER IS RESPONSIBLE FOR ENSURING THE OCCUPANT WEARS A SEAT BELT AND MUST BE FINED FOR A VIOLATION OF THIS PROVISION; BY ADDING SECTION 56-5-6525 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY OR ANY OTHER LAW ENFORCEMENT AGENCY MUST NOT USE ANY ENDEAVOR OF SYSTEMATIC CHECKPOINTS OR ROADBLOCKS AS A LAW ENFORCEMENT TOOL WHERE THE PRINCIPAL PURPOSE IS TO DETECT AND ISSUE A TICKET TO A VIOLATOR OF THE STATE'S

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MANDATORY USE OF SEAT BELT REQUIREMENT; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANTS IN A VEHICLE NOT ORIGINALLY EQUIPPED WITH SAFETY BELTS IS EXEMPT FROM THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT; AND TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATORS OF THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO AS TO INCREASE THE MONETARY PENALTY AND PROVIDE A MAXIMUM MONETARY PENALTY, TO PROVIDE THAT A CONVICTION FOR A VIOLATION OF THIS PROVISION MUST NOT BE INCLUDED IN AN OFFENDER'S MOTOR VEHICLE RECORDS MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY OR IN THE CRIMINAL RECORDS MAINTAINED BY SLED, TO PROVIDE THAT A CITATION MUST BE ISSUED PURSUANT TO A MOTOR VEHICLE STOP MADE WHEN AN OFFICER HAS PROBABLE CAUSE FOR A VIOLATION OF THIS PROVISION BASED ON HIS CLEAR AND UNOBSTRUCTED VIEW OF A DRIVER SEVENTEEN YEARS OF AGE OR YOUNGER OR AN OCCUPANT OF THE MOTOR VEHICLE SEVENTEEN YEARS OF AGE OR YOUNGER WHO IS NOT WEARING A SEAT BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM WITHOUT CITING ANY OTHER VIOLATION, AND TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MAY NOT BE SEARCHED SOLELY FOR A VIOLATION OF THIS PROVISION OR CERTAIN MOTOR VEHICLE STOPS MADE PURSUANT TO THIS PROVISION.
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(R149, S. 321 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 61-4-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES BY WINERIES LICENSED IN SOUTH CAROLINA, SO AS TO INCREASE THE ALCOHOLIC CONTENT OF WINE THE WINERIES ARE AUTHORIZED TO SELL; TO AMEND SECTION 61-4-735, RELATING TO THE REGULATION OF PRACTICES BETWEEN WINE MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO SET AT TWO THE NUMBER OF WINE TASTINGS A WHOLESALER MAY CONDUCT FOR A

Printed Page 3060 . . . . . Thursday, June 28, 2001
RETAILER; TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, 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 TWENTY-FOUR WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR; TO AMEND SECTION 61-4-770, RELATING TO THE ESTABLISHMENTS WHICH MAY SELL WINE CONTAINING MORE THAN FOURTEEN PERCENT ALCOHOL, SO AS TO INCREASE THE ALCOHOLIC CONTENT TO SIXTEEN PERCENT; TO AMEND ARTICLE 11, CHAPTER 4, TITLE 61, RELATING TO BEER WHOLESALER FRANCHISES, BY ADDING SECTION 61-4-1115 SO AS TO PROVIDE AN IMPORTER OF FOREIGN BEER IS DEEMED THE AGENT OF THE FOREIGN BREWER AND AN AGREEMENT SUBJECT TO THIS TITLE IS BINDING ON A SUCCESSOR IMPORTER OF BEER FROM THE FOREIGN BREWER; TO AMEND CHAPTER 42, TITLE 33, RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE LIMITED PARTNERSHIP AUTHORITY WITH OTHER LIMITATIONS FOR AN IMPORTER OF FOREIGN BEER; AND TO AMEND SUBARTICLE 15, ARTICLE 3, CHAPTER 6, TITLE 61, RELATING TO REGULATION OF RETAILERS OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-6-1505 SO AS TO PROVIDE A RETAIL DEALER, IF APPROPRIATELY LICENSED, MAY ENGAGE IN CHECK CASHING SERVICES.
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(R150, S. 394 (Word version)) -- Judiciary Committee: AN ACT TO AMEND CHAPTER 4, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION FROM DOMESTIC ABUSE ACT BY ADDING SECTION 20-4-160 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE DOMESTIC VIOLENCE FUND ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES AND WHOSE REVENUES MUST BE USED SOLELY TO AWARD GRANTS TO CERTAIN DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE, TO PROVIDE THAT THE FUND MUST RECEIVE ITS REVENUE FROM A PORTION OF MARRIAGE LICENSE FEES AND DONATIONS, CONTRIBUTIONS, BEQUESTS, OR OTHER GIFTS MADE TO THE FUND, TO PROVIDE THAT CONTRIBUTIONS

Printed Page 3061 . . . . . Thursday, June 28, 2001
TO THE FUND MUST NOT BE USED TO SUPPLANT EXISTING FUNDS APPROPRIATED TO THE DEPARTMENT FOR DOMESTIC VIOLENCE PROGRAMS AND GRANTS, TO PROVIDE THAT MONIES IN THE FUND MAY BE CARRIED FORWARD FROM ONE FISCAL YEAR TO THE NEXT FISCAL YEAR, AND TO PROVIDE THAT INTEREST EARNED ON MONIES IN THE FUND MUST BE RETAINED BY THE FUND; AND TO AMEND CHAPTER 1, TITLE 20, RELATING TO MARRIAGE BY ADDING SECTION 20-1-375 SO AS TO IMPOSE AN ADDITIONAL TWENTY DOLLAR FEE UPON THE MARRIAGE LICENSE FEE AND TO PROVIDE THAT THE ADDITIONAL FEE MUST BE REMITTED TO THE STATE TREASURER AND CREDITED TO THE DOMESTIC VIOLENCE FUND.
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(R151, S. 729 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.
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(R152, H. 3030 (Word version)) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: AN ACT 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 IN MYRTLE BEACH IS THE OFFICIAL STATE HALL OF FAME, TO PROVIDE THAT THIS OFFICIAL DESIGNATION IS AN HONORARY DESIGNATION THAT DOES NOT BIND THE STATE IN ANY WAY, CREATE A NEW STATE AGENCY OR EDUCATIONAL INSTITUTION, QUALIFY THE SOUTH CAROLINA HALL OF FAME FOR STATE FUNDS, CONFER ANY

Printed Page 3062 . . . . . Thursday, June 28, 2001
LIABILITY UPON THE STATE, OR SANCTION BY THE STATE ANY ACTIVITY, PHILOSOPHY, OR COURSE OF ACTION CONDUCTED, PUBLISHED, OR UNDERTAKEN BY THE STATE HALL OF FAME; TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO THE CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO PROVIDE 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"; TO PROVIDE THAT CERTAIN REFERENCES TO "SOUTH CAROLINA LAW ENFORCEMENT HALL OF FAME", "HALL OF FAME", OR "HALL" SHALL BE CONSTRUED TO MEAN THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THAT THE CODE COMMISSIONER IS DIRECTED TO CORRECT ALL REFERENCES IN THE CODE OF LAWS TO CORRECTLY REFLECT THIS NAME; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO ANNUAL REGISTRATION OF CERTAIN OFFENDERS ON THE STATE'S SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT THE TERM "ANNUALLY" MEANS EACH YEAR WITHIN THIRTY DAYS AFTER THE ANNIVERSARY DATE OF THE OFFENDER'S FIRST REGISTRATION.
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(R153, H. 3131 (Word version)) -- Reps. Rodgers and Whipper: AN ACT 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; 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, AN ACTION FOR BATTERY, AND AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO AMEND CHAPTER 3, TITLE 15 BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF SIX YEARS FROM THE TIME A

Printed Page 3063 . . . . . Thursday, June 28, 2001
PERSON BECOMES TWENTY-ONE OR WITHIN THREE YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST AND TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE TO THIS ACTION; AND TO PROVIDE THAT A LAWSUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN THREE YEARS OF THIS ACT'S EFFECTIVE DATE.
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(R154, H. 3160 (Word version)) -- Reps. Lee and Whipper: AN ACT TO AMEND SECTIONS 15-27-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS FOR DEAF PERSONS WHO ARE PARTIES OR WITNESSES TO A LEGAL PROCEEDING, SO AS TO DELETE THE PROVISION THAT REQUIRES THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES WHICH MUST BE PAID FROM CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, AND PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH ALL FEES FOR INTERPRETING SERVICES PAID FROM CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT; TO AMEND SECTION 15-27-155, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SPEAK ENGLISH SUFFICIENTLY, SO AS TO DELETE THE PROVISION THAT REQUIRES THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES WHICH MAY BE PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, PAID BY THE PARTIES AS THE COURT MAY DIRECT, OR TAXED AS COSTS BASED ON THE DISCRETION OF THE COURT, AND PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH FEES FOR

Printed Page 3064 . . . . . Thursday, June 28, 2001
INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, THE PARTIES AS THE COURT MAY DIRECT, OR TAXED AS COSTS AT THE DISCRETION OF THE COURT; AND TO AMEND SECTION 17-1-50, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SPEAK ENGLISH SUFFICIENTLY, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, OR WHOSE USE IS WAIVED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, TO PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED UNDER GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT, WITH ALL FEES FOR INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF QUALIFIED INTERPRETERS IS REVISED TO CONTAIN A LIST OF CERTIFIED OR OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET THE PROCEEDINGS TO A PARTY AND TESTIMONY OF A WITNESS, AND TO REVISE THE CIRCUMSTANCES UPON WHICH A PARTY OR WITNESS MAY USE AN INTERPRETER WHO IS NOT ON THE CENTRALIZED LIST.
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(R155, H. 3272 (Word version)) -- Reps. Neilson, Jennings, Cato, Riser, Altman, Askins, Bales, Barfield, Barrett, Bingham, J. Brown, Chellis, Coates, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Gilham, Gourdine, Harrison, Harvin, Hayes, J. Hines, Hosey, Littlejohn, Lloyd, Lucas, McCraw, McGee, J.M. Neal, Owens, Phillips, Scarborough, Scott, F.N. Smith, J.R. Smith, Stuart, Taylor, Vaughn, Webb, Weeks, White, Witherspoon and Simrill: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 87, 86, 90, 88, 89, AND 34 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES, DUCKS UNLIMITED SPECIAL LICENSE

Printed Page 3065 . . . . . Thursday, June 28, 2001
PLATES, SERTOMA INTERNATIONAL SPECIAL LICENSE PLATES, WORLD WAR II VETERANS SPECIAL LICENSE PLATES, 'CHOOSE LIFE' SPECIAL LICENSE PLATES, AND NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-1120, RELATING TO THE ISSUANCE OF DISABLED AMERICAN VETERAN SPECIAL LICENSE TAGS, SO AS TO SUBSTITUTE THE TERM "PLATE" FOR "TAG", AND TO PROVIDE THAT THE LICENSE PLATE MUST CONTAIN THE WORDS 'DISABLED VETERAN' AND HAVE A SPECIAL NUMBER PRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
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(R156, H. 3885 (Word version)) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: AN ACT TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE; TO AMEND CHAPTER 10, TITLE 12, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE

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MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED, ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60,
Printed Page 3067 . . . . . Thursday, June 28, 2001
RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR A WILFUL FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX AND TO MAKE PROCEEDS FROM WIRELESS CALLING ARRANGEMENTS SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX
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AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN
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ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY FOR CONTRACTING FOR THE COLLECTION OF OUTSTANDING LIABILITIES, SO AS TO INCLUDE A PRIVATE INSTITUTION OF HIGHER LEARNING AS A "GOVERNMENTAL ENTITY"; BY ADDING SECTION 12-43-285 SO AS TO PROVIDE FOR CORRECTION OF THE IMPOSITION OF AN EXCESSIVE MILLAGE RATE; TO AMEND SECTION 4-1-170, AS AMENDED, RELATING TO JOINT DEVELOPMENT OF AN INDUSTRIAL OR BUSINESS PARK, SO AS TO PROVIDE FOR ADJUSTMENT OF MISALLOCATIONS OF THE PROPERTY VALUE TO PARTICIPATING TAXING ENTITIES; TO AMEND SECTION 12-51-90, AS AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY SOLD AT A TAX SALE, SO AS TO CLARIFY THE INTEREST AMOUNTS PAYABLE; TO AMEND SECTION
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33-44-211, AS AMENDED, RELATING TO REPORTS TO THE SECRETARY OF STATE, SO AS TO CHANGE THE MONTH OF DELIVERY OF A SECOND AND SUBSEQUENT ANNUAL REPORT TO THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR; TO AMEND SECTION 12-36-2620, RELATING TO THE ACCOMMODATIONS TAX, SECTION 12-36-2630, AS AMENDED, RELATING TO THE SALES AND USE TAX, AND SECTION 12-36-2640, RELATING TO THE CASUAL EXCISE TAX, ALL SO AS TO EXCLUDE ONE PERCENT OF THE RESPECTIVE TAX UPON THE REQUEST OF AN INDIVIDUAL AGED EIGHTY-FIVE OR OLDER; BY ADDING SECTION 12-36-2646 SO AS TO REQUIRE A RETAILER TO POST A SIGN GIVING NOTICE OF THESE TAX EXCLUSIONS; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATIONS OF CERTAIN INDUCEMENT LEASE AGREEMENTS IN CONNECTION WITH PROPERTY QUALIFYING FOR A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE GUIDELINES FOR THE QUALIFICATION OF A SPONSOR AND SPONSOR AFFILIATE FOR THE FOUR PERCENT FEE AND TO PROVIDE FOR THE TIME PERIODS FOR EXECUTION OF THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, AND TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE; TO AMEND SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE CERTAIN TYPES OF INVESTORS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR INVESTORS AND INVESTOR AFFILIATES, TO PROVIDE GUIDELINES FOR THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; TO AMEND SECTION 12-44-50, RELATING TO THE ESTABLISHMENT OF THE MILLAGE RATE FOR PURPOSES OF DETERMINING THE FEE
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PURSUANT TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR GUIDELINES FOR INVESTORS AND INVESTOR AFFILIATES AND THEIR QUALIFICATION FOR THE FOUR PERCENT FEE, TO PROVIDE FOR TIME PERIODS FOR EXECUTING THE MILLAGE RATE AGREEMENT AND FOR COMPUTATION OF THE APPLICABLE CUMULATIVE PROPERTY TAX MILLAGE, TO PROVIDE FOR ALTERNATIVE DETERMINATION OF THE MILLAGE RATE, AND TO MAKE NUMEROUS TECHNICAL CHANGES; TO AMEND SECTION 12-6-3530, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS, SO AS TO CHANGE THE APPLICABLE TIME PERIOD FROM THE TAXABLE TO THE CALENDAR YEAR; BY ADDING SECTION 12-21-1035 SO AS TO PROVIDE FOR THE TAXATION OF BEER MADE AT A BREWPUB; TO AMEND SECTION 61-4-1730, RELATING TO LICENSING OF A BREWPUB, SO AS TO ADD THE CROSS-REFERENCE TO IMPOSITION OF THE TAX ON BEER MADE THERE; TO AMEND SECTIONS 61-4-520 AND 61-6-1820, AS AMENDED, RELATING TO APPLICATIONS FOR PERMITS TO SELL BEER AND WINE ALCOHOLIC LIQUOR, SO AS TO SPECIFY THE TYPE NOTICES OF APPLICATION REQUIRED; TO AMEND SECTION 12-43-225, RELATING TO MULTIPLE LOT DISCOUNTS, SO AS TO REFER TO PLATS RECORDED ON OR AFTER JANUARY 1, 2001; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO QUALIFICATIONS FOR THE FEE IN LIEU OF TAXES, SO AS TO EXTEND THE TIME PERIODS FOR BUSINESSES INVESTING MORE THAN FIVE HUNDRED MILLION DOLLARS IN THE STATE; TO AMEND SECTION 12-56-20, AS AMENDED, REFERRING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE A COURT-ORDERED PAYMENT AS A "DELINQUENT DEBT"; BY ADDING SECTION 14-1-202 SO AS TO AUTHORIZE CERTAIN OFFICIALS TO COLLECT AND COMPROMISE A COURT-ORDERED DELINQUENT DEBT; TO AMEND SECTIONS 12-44-80, 4-12-30, AND 4-29-67, AS AMENDED, ALL RELATING TO MISALLOCATIONS OF DISTRIBUTIONS OF FEE-IN-LIEU-OF TAXES PAYMENTS, SO AS TO PROVIDE FOR ADJUSTMENT OF THE MISALLOCATION IN THE SAME FISCAL YEAR; BY ADDING SECTION 12-45-35 SO AS TO ALLOW A COUNTY TREASURER TO APPOINT A DEPUTY; TO AMEND SECTION 12-39-40, RELATING TO A VACANCY IN
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THE OFFICE OF A COUNTY AUDITOR, SO AS TO PROVIDE FOR THE APPOINTMENT OF A DEPUTY BY THE AUDITOR; TO AMEND SECTION 12-36-90, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES", SO AS TO EXCLUDE FROM THE DEFINITION ANY CHARGES IMPOSED FOR LATE PAYMENT OF AN ELECTRICITY OR GAS BILL; TO AMEND SECTIONS 4-12-30, AS AMENDED, 4-29-67, AS AMENDED, AND 12-44-30, AS AMENDED, ALL RELATING TO QUALIFICATIONS FOR A FOUR PERCENT ASSESSMENT FOR PURPOSES OF THE FEE IN LIEU OF TAXES, SO AS TO INCLUDE A BUSINESS THAT BUILDS A GAS-FIRED COMBINED-CYCLE POWER FACILITY, CREATES TWENTY-FIVE FULL-TIME JOBS AT THAT FACILITY, AND INVESTS AT LEAST FOUR HUNDRED MILLION DOLLARS AT THAT FACILITY AND FIVE HUNDRED MILLION DOLLARS ELSEWHERE IN THE STATE; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO ADJUST THE TAX CREDIT UP ONE TIER FOR A JOB CREATED IN A COUNTY THAT IS NOT TRAVERSED BY AN INTERSTATE HIGHWAY; TO REPEAL SECTION 12-21-1080 RELATING TO THE EXCLUSIVITY OF THE STAMP AND BUSINESS LICENSE TAX; AND TO PROVIDE VARIOUS EFFECTIVE DATES AND DATES OF APPLICATION.
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(R157, H3891 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL REQUIREMENTS FOR CERTAIN CHILD DAYCARE CAREGIVERS, SO AS TO ALLOW CAREGIVERS PREVENTED FROM MEETING THE EDUCATIONAL REQUIREMENTS DUE TO A DISABILITY TO SATISFY THIS REQUIREMENT WITH A CERTIFICATE OF HIGH SCHOOL COMPLETION AND TO EXEMPT CERTAIN OTHER CAREGIVERS FROM THIS REQUIREMENT; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES, SO AS TO REDUCE FROM TWENTY-FIVE THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS THE AMOUNT OF GAIN THE OFFENDER RECEIVES OR THE AMOUNT OF LOSS THE VICTIM SUFFERS FOR COMPUTER CRIME IN THE FIRST DEGREE AND TO ALSO REDUCE FROM TWENTY-FIVE THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS THE MAXIMUM GAIN OR LOSS REQUIRED FOR COMPUTER

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CRIME IN THE SECOND DEGREE; TO AMEND SECTION 16-3-850, RELATING TO REQUIRING FILM PROCESSORS TO REPORT TO LAW ENFORCEMENT A PERSON WITH FILM CONTAINING SEXUALLY EXPLICIT PICTURES OF MINORS, SO AS TO ALSO REQUIRE COMPUTER TECHNICIANS WHO VIEW SUCH IMAGES WHEN WORKING ON A COMPUTER TO REPORT THE OWNER OR PERSON IN POSSESSION OF THE COMPUTER; TO AMEND SECTION 16-3-1700, RELATING TO DEFINITIONS USED IN CONNECTION WITH HARASSMENT AND STALKING, SO AS TO INCLUDE WRITTEN AND ELECTRONIC CONTACT WITH VICTIMS WITHIN THE DEFINITIONS OF "HARASSMENT" AND "STALKING"; TO AMEND SECTION 16-14-20, AS AMENDED, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO ALSO INCLUDE IN SUCH THEFT THE TAKING, USING, OR SELLING OF A FINANCIAL TRANSACTION CARD NUMBER; TO AMEND SECTION 16-15-250, AS AMENDED, RELATING TO COMMUNICATING OBSCENE MESSAGES, SO AS TO INCLUDE COMMUNICATING BY PRINT OR TELEPHONE OR BY TRANSMITTING A DIGITAL ELECTRONIC FILE; AND TO AMEND SECTION 16-15-305, AS AMENDED, RELATING TO DISSEMINATION OF OBSCENITY, SO AS TO ALSO PROHIBIT THE DISSEMINATION OF AN OBSCENE DIGITAL ELECTRONIC FILE; TO AMEND SECTION 16-15-315, RELATING TO THE PROHIBITION AGAINST CONDITIONING SALES OF PUBLICATIONS ON THE PURCHASER RECEIVING OBSCENE PUBLICATIONS FOR RESALE, SO AS TO ALSO APPLY THE PROHIBITION TO THE SALE OR RECEIPT OF DIGITAL ELECTRONIC FILES; TO AMEND SECTION 16-15-325, RELATING TO PROHIBITING PARTICIPATION IN PREPARING OBSCENE MATERIAL FOR DISSEMINATION, SO AS TO ALSO PROHIBIT THE PREPARATION OF OBSCENE DIGITAL ELECTRONIC FILES; TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH OBSCENE MATERIAL AND MINORS, SO AS TO INCLUDE DIGITAL ELECTRONIC FILES WITHIN THE DEFINITION OF "MATERIAL"; TO AMEND SECTION 16-15-395 AND SECTION 16-15-405, AS AMENDED, RELATING, RESPECTIVELY, TO FIRST DEGREE AND SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE IN THE FIRST DEGREE OFFENSE KNOWINGLY PRODUCING FOR
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SALE OR PECUNIARY GAIN A DIGITAL ELECTRONIC FILE CONTAINING A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND IN THE SECOND DEGREE OFFENSE KNOWINGLY PRODUCING SUCH A FILE; TO AMEND SECTION 16-17-430, AS AMENDED, RELATING TO UNLAWFUL USE OF TELEPHONES, SO AS TO ALSO PROHIBIT CONTACTS BY ANY OTHER ELECTRONIC MEANS AND TO CHANGE FELONY VIOLATIONS TO MISDEMEANOR VIOLATIONS WITH REVISED PENALTIES; TO AMEND SECTION 16-17-470, AS AMENDED, RELATING TO EAVESDROPPING, PEEPING, AND VOYEURISM, SO AS TO INCLUDE IN THE CRIME OF VOYEURISM PRODUCING OR CREATING DIGITAL ELECTRONIC FILES, TO INCLUDE IN THE CRIME OF AGGRAVATED VOYEURISM KNOWINGLY SELLING OR DISTRIBUTING DIGITAL ELECTRONIC FILES, AND TO REQUIRE FORFEITURE OF THESE DIGITAL ELECTRONIC FILES; TO AMEND SECTION 16-17-640, RELATING TO BLACKMAIL, SO AS TO INCLUDE ELECTRONIC COMMUNICATIONS WITHIN THE PROHIBITED MEANS OF COMMITTING BLACKMAIL; AND TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE COMPUTER TECHNICIANS TO REPORT IF THE PERSON HAS REASON TO BELIEVE THAT A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT.
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(R158, H. 3900 (Word version)) -- Reps. Vaughn, Kirsh, J.R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: AN ACT 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 SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO CERTAIN HOMELESS, NEEDY, DISABLED, OR ELDERLY ADULTS AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM; AND TO AMEND SECTION 12-36-90, RELATING TO THE DEFINITION OF "GROSS

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PROCESS OF SALES" IN CONNECTION WITH THE SALES AND USE TAX, SO AS TO EXCLUDE FROM GROSS PROCEEDS THE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS.
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(R159, H. 3946 (Word version)) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: AN ACT 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.
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(R160, H. 3966 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF HUMAN RESOURCES, RELATING TO STATE HUMAN RESOURCES REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R161, H. 3974 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGE OF DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE AND PUBLICATION OF SUCH CHANGES, SO AS TO REQUIRE THESE CHANGES TO BE PUBLISHED IN THE STATE REGISTER; TO AMEND SECTIONS 37-6-108, 37-6-111, AND 37-6-113, ALL RELATING TO ADMINISTRATION ENFORCEMENT ORDERS, INJUNCTIONS, AND CIVIL ACTIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO CLARIFY THAT, IN ADDITION TO

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CREDITORS, PERSONS SUBJECT TO THE CONSUMER PROTECTION CODE ARE WITHIN THE JURISDICTION OF THE ADMINISTRATOR OF THE CONSUMER PROTECTION CODE AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 37-17-10 RELATING TO THE REGULATION OF PERSONS SELLING PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO REQUIRE A PERSON AND REPRESENTATIVES OF CORPORATIONS AND BUSINESS ENTITIES SELLING SUCH CARDS TO REGISTER WITH THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN THE DEPARTMENT OF INSURANCE, TO DESIGNATE THE SECRETARY OF STATE AS THE AGENT FOR SERVICE IN THE ABSENCE OF PROPER REGISTRATION, AND TO EXPAND APPLICABLE PENALTIES FOR PRESCRIPTION DRUG CARD VIOLATIONS; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED; TO AMEND SECTION 38-21-10, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO REVISE THE TERM "CONTROL"; TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS IN THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO INCLUDE NEW DEFINITIONS AND REVISE CERTAIN EXISTING DEFINITIONS; TO AMEND SECTION 38-31-60, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE PROPERTY AND CASUALTY GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT THE ASSOCIATION'S OBLIGATION TO AN INSURED CEASES WHEN TEN MILLION DOLLARS HAS BEEN PAID TO OR ON BEHALF OF THE INSURED AND TO ALLOW FOR ALLOCATION OF PAYMENTS WHEN THERE IS MORE THAN ONE CLAIMANT WITH A COVERED CLAIM; TO AMEND SECTION 38-31-70, AS AMENDED, RELATING TO THE PLAN OF OPERATION FOR THE ADMINISTRATION OF THE GUARANTY ASSOCIATION, SO AS TO AUTHORIZE FILING OF CLAIMS WITH AND DELEGATING CERTAIN AUTHORITY TO AN ASSOCIATION SIMILAR TO THE GUARANTY ASSOCIATION; TO AMEND SECTION 38-31-90, AS AMENDED, RELATING TO RIGHTS OF THE GUARANTY ASSOCIATION REGARDING CLAIMANTS PAID AND ASSETS OF INSOLVENT
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INSURERS, SO AS TO PROVIDE THAT THE ASSOCIATION HAS THE RIGHT TO RECOVER THE AMOUNT OF A CLAIM PAID FROM CERTAIN INSUREDS AND AFFILIATES OF AN INSOLVENT INSURER; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO PROCEDURES FOR ASSERTING CLAIMS AND TO LIMITATIONS ON CLAIMS, SO AS TO REQUIRE EXHAUSTING ALL COVERAGE AND CLAIMS AND PROVIDING CREDIT TO THE GUARANTY ASSOCIATION UNDER CERTAIN CONDITIONS; SECTION 38-33-80, AS AMENDED, RELATING TO APPROVAL OF HEALTH MAINTENANCE ENROLLEE INFORMATION FORMS, SO AS TO PROVIDE TIME FRAMES FOR THE APPROVAL OF SUCH FORMS; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES AND THE CREDITING OF RETURN PREMIUMS, SO AS TO PROVIDE THAT NO REFUND IS REQUIRED IF IT AMOUNTS TO LESS THAN FIVE DOLLARS; TO AMEND SECTION 38-43-80, AS AMENDED, RELATING TO LICENSE FEES FOR AGENTS OF INSURERS, SO AS TO PROVIDE THAT FEES MUST BE PAID AS PRESCRIBED BY THE DEPARTMENT IN REGULATION; TO AMEND SECTION 38-55-30, AS AMENDED, RELATING TO LIMITING THE AMOUNT OF RISK THAT AN INSURER OR CAPTIVE INSURER MAY EXPOSE ITSELF TO, SO AS TO REMOVE THIS LIMITATION FOR CAPTIVE INSURERS; TO ADD SECTION 38-55-75 SO AS TO REQUIRE THE DEPARTMENT OF INSURANCE TO MAINTAIN CONFIDENTIALITY ON INFORMATION FURNISHED BY THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS OR DEPARTMENTS IF KEPT CONFIDENTIAL BY THAT ENTITY; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF INSURANCE POLICY FORMS, SO AS TO PROVIDE TIME FRAMES FOR THE APPROVAL OF SUCH FORMS; TO AMEND SECTION 38-61-40, AS AMENDED, RELATING TO INSURANCE CONTRACT READABILITY REQUIREMENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF INSURANCE TO WITHDRAW APPROVAL OR CERTIFICATION ON POLICIES THAT DO NOT COMPLY WITH SUCH REQUIREMENTS; TO AMEND SECTION 38-65-60, AS AMENDED, RELATING TO OUT-OF-STATE GROUP LIFE INSURANCE POLICIES, SO AS TO REQUIRE APPROVAL OF
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SUCH POLICIES BEFORE THEY CAN BE OFFERED FOR SALE; SECTION 38-71-310, AS AMENDED, RELATING TO APPROVAL OF ACCIDENT AND HEALTH INSURANCE POLICIES AND RATES, SO AS TO PROVIDE TIME FRAMES FOR THE APPROVAL OF SUCH POLICIES AND RATES; TO AMEND SECTION 38-71-720, AS AMENDED, RELATING TO APPROVAL OF GROUP ACCIDENT, HEALTH, AND ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO PROVIDE TIME FRAMES FOR THE APPROVAL OF SUCH POLICIES; TO AMEND SECTION 38-71-750, AS AMENDED, RELATING TO APPROVAL OF OUT-OF-STATE MASS-MARKETED GROUP ACCIDENT, HEALTH, AND ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY REQUIREMENTS FOR APPROVAL; TO AMEND SECTION 38-71-1370, AS AMENDED, RELATING TO THE APPLICATION OF GROUP ACCIDENT AND HEALTH INSURANCE PROVISIONS TO SMALL EMPLOYER INSURERS, SO AS TO EXCLUDE COVERAGE TO LATE ENROLLEES FOR A PERIOD OF TIME; TO AMEND SECTION 38-71-1980, RELATING TO EXPEDITED EXTERNAL REVIEWS, SO AS TO CHANGE AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 38-73-1300, AS AMENDED, RELATING TO DEVIATIONS FROM CLASS RATES, SCHEDULES, RATING PLANS, OR RULES BY FIRE OR INLAND MARINE INSURERS, SO AS TO PROVIDE FOR MODIFICATIONS AND LOSS COSTS RATHER THAN DEVIATIONS AND CLASS RATES; TO AMEND SECTION 38-73-1310, AS AMENDED, RELATING TO APPLICATIONS FOR UNIFORM PREMIUM DECREASES OR INCREASES, SO AS TO CLARIFY TO WHICH KINDS OF INSURANCE SUCH APPLICATIONS APPLY; TO AMEND SECTION 38-87-40, AS AMENDED, RELATING TO REQUIREMENTS FOR OUT-OF-STATE CHARTERED RISK RETENTION GROUPS TO DO BUSINESS IN SOUTH CAROLINA, SO AS TO PROVIDE THAT SUCH GROUPS ARE SUBJECT TO TAXATION AS AN ADMITTED INSURER WOULD BE, RATHER THAN AS A FOREIGN ADMITTED INSURER WOULD BE; TO AMEND SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO CHANGE A CROSS REFERENCE; TO AMEND SECTION 38-90-140, RELATING TO TAX PAYMENTS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THESE TAXES MUST BE PAID TO THE DEPARTMENT
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OF INSURANCE RATHER THAN TO THE DIRECTOR OF THE DEPARTMENT AND TO CLARIFY A PERCENTAGE REFERENCE; TO AMEND SECTION 38-90-180, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS OF THE REHABILITATION AND LIQUIDATION ACT TO CAPTIVE INSURANCE COMPANIES, SO AS TO ALSO APPLY CERTAIN PROVISIONS OF THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT TO THESE COMPANIES; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO PROCEDURES THAT MOTOR VEHICLE INSUREDS AND INSURERS MUST FOLLOW IF A MOTOR VEHICLE SUBJECT TO FINANCIAL RESPONSIBILITY REQUIREMENTS BECOMES UNINSURED, SO AS TO DELETE AN OBSOLETE PROVISION; TO AMEND SECTION 56-10-280, AS AMENDED, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PROVIDE THAT IF A CHECK TENDERED BY THE INSURED IS RETURNED FOR INSUFFICIENT FUNDS, THE CANCELLATION IS EFFECTIVE AS OF THE POLICY INCEPTION OR RENEWAL DATE; TO AMEND SECTION 38-11-40, AS AMENDED, RELATING TO INVESTMENTS REQUIRED TO BE MAINTAINED BY INSURERS, SO AS TO AUTHORIZE LIFE INSURERS TO INVEST IN OBLIGATIONS WHICH ARE NOT IN DEFAULT AND IN WHICH THE ISSUING, ASSUMING, OR GUARANTY BUSINESS ENTITY MEETS CERTAIN RECOGNIZED RATINGS AND TO INVEST IN FOREIGN INVESTMENTS; TO AMEND SECTION 38-11-50, AS AMENDED, RELATING TO LIMITATIONS ON INVESTMENTS AUTHORIZED FOR INSURERS, SO AS TO FURTHER SPECIFY LIMITATIONS ON CERTAIN BONDS, NOTES, OR DEBENTURES AND LIMITATIONS ON FOREIGN INVESTMENTS; AND TO REPEAL SECTION 38-73-1320, RELATING TO HEARINGS CONCERNING APPLICATIONS FOR DEVIATIONS FROM CERTAIN FIRE, INLAND MARINE, CASUALTY, OR AUTOMOBILE INSURER REQUIREMENTS.
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(R162, H. 4022 (Word version)) -- Reps. Martin and McGee: AN ACT 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

Printed Page 3080 . . . . . Thursday, June 28, 2001
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; TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE PROVISIONAL DRIVERS' LICENSE, SO AS TO INCREASE THE FEE FOR THE LICENSE FROM FIVE TO ONE HUNDRED DOLLARS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED BY THE DEPARTMENT OF PUBLIC SAFETY FOR THE HIRING, TRAINING, AND EQUIPPING OF MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL AND TRANSPORTATION POLICE AND FOR THE OPERATIONS OF THESE ENTITIES; AND TO AMEND SECTIONS 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, AND 56-10-270, ALL AS AMENDED, RELATING TO OFFENSES, VIOLATIONS, POINT ACCUMULATIONS AND REFUSALS TO BE TESTED UNDER IMPLIED CONSENT WHERE THE SUSPENSION OF THE PERSON'S DRIVER'S LICENSE IS REQUIRED OR AUTHORIZED AND THE PERSON QUALIFIES FOR A SPECIAL RESTRICTED DRIVER'S LICENSE UPON PAYMENT OF A FEE FOR SUCH A LICENSE AND THE REINSTATEMENT FEE FOLLOWING A LICENSE SUSPENSION, SO AS TO INCREASE THE FEES FOR THESE SPECIAL RESTRICTED DRIVER'S LICENSES, ELIMINATE THE NEED FOR THE SPECIAL RESTRICTED LICENSE TO BE REISSUED UPON A CHANGE OF ROUTES, INCREASE THE REINSTATEMENT FEE AND PROVIDE THAT THE ADDITIONAL REVENUE OF THESE INCREASED FEES MUST BE PLACED BY THE COMPTROLLER GENERAL INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE DIVISION OF MOTOR VEHICLES.
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(R163, H. 4143 (Word version)) -- Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh: A JOINT RESOLUTION TO POSTPONE THE IMPLEMENTATION BY THE STATE LAW ENFORCEMENT DIVISION OF THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE

Printed Page 3081 . . . . . Thursday, June 28, 2001
1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR DECEMBER 31, 2002, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO HAVE AT LEAST THREE EMPLOYEES TRAINED FOR THESE PURPOSES BY DECEMBER 31, 2002.
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MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable James H. Hodges:

Local Appointment

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002

Horace Butler, Jr., 128-C Epps Drive, Simpsonville, S.C. 29681 VICE Ulysses J. Thompson

Leave of Absence

At 3:00 P.M., Senator SHORT requested a leave of absence from 3:30 - 7:30 P.M.

Motion Adopted

On motion of Senator GREGORY, with unanimous consent, Senators RAVENEL, RANKIN and GREGORY were granted leave to attend a meeting of a Committee of Conference on H. 3599 and were granted leave to vote from the balcony.

VETO SUSTAINED
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211

June 27, 2001

The Honorable Robert L. Peeler
President of the Senate
The State House
Columbia, SC 29201

Printed Page 3082 . . . . . Thursday, June 28, 2001
The Honorable Glenn F. McConnell
President Pro Tempore, South Carolina Senate
The State House
Columbia, SC 29201

Gentlemen:

I am hereby returning with my objections S. 559 (Word version), R. 146, 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.

Because the General Assembly failed to pass the general appropriations bill before its mandatory sine die adjournment on June 7, 2001, I was forced to call an extra session to prevent a shutdown of state government. To keep the General Assembly focused on the sole objective of adopting a budget for the fiscal year beginning July 1, 2001, and to avoid wasting time and taxpayers' money, I pledged to the citizens of South Carolina and the General Assembly that I would veto any other legislation passed during the extra session that convened on June 20, 2001. This veto keeps that promise.

The Constitution of South Carolina authorized me to convene the extra session of the General Assembly to prevent a shutdown of state government due to the absence of appropriated funds for the upcoming fiscal year. However, the Constitution did not permit me to limit the amount of time the General Assembly remained in Columbia during the extra session, nor did it permit me to restrict the types of legislation being considered. As a result, a pledge to veto any legislation other than the budget was the only tool available to force the General Assembly to adjourn promptly and thereby limit the costs of the extra session to the citizens of South Carolina.

Printed Page 3083 . . . . . Thursday, June 28, 2001

There are always bills that must be carried over from the first year to the second year of every two-year legislative session. The only bill this year that was imperative for the General Assembly to pass in the extra session was the budget. Like this bill, other issues can wait until January 2002 for consideration.

Sincerely,
/s/ Jim Hodges

The veto of the Governor was taken up for immediate consideration.

Senator HAWKINS moved pursuant to Rule 50 that the veto of the Governor be overridden.

Senator LAND argued contra to the motion.

Senator BRANTON argued in favor of the adoption of the motion.

ACTING PRESIDENT PRESIDES

At 2:03 P.M., Senator McCONNELL assumed the Chair.

Senator BRANTON continued arguing in favor of the adoption of the motion.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 21; Nays 24

AYES

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Grooms                    Hawkins                   Hayes *
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Ravenel
Richardson                Ritchie                   Ryberg *
Thomas                    Verdin                    Wilson

Total--21

Printed Page 3084 . . . . . Thursday, June 28, 2001

NAYS

Anderson                  Drummond                  Ford
Glover                    Gregory                   Holland
Hutto *                   Jackson                   Land
Leventis                  Matthews                  McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Pinckney                  Rankin
Reese                     Saleeby                   Setzler
Short                     Smith, J. Verne           Waldrep

Total--24

*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 necessary two-thirds vote not having been received, the motion failed. The veto by the Governor was sustained and a message was sent to the House accordingly.

Statement by Senator GREGORY

My support to sustain Governor Hodges' veto of S. 559 was based on my belief that an affordable college education is more beneficial to South Carolinians than a one cent savings on the cost of groceries. The General Assembly has passed significant tax reductions in the last six years on homes and automobiles. Sales tax is one of the most equitable taxes since it is paid by everyone according to their purchases. While it would be nice to not have to pay this tax, the consequences are ever-increasing college tuition costs -- costs that are already the second highest among southeastern states.

Statement by Senator ALEXANDER

I voted today to override the Governor's veto of S. 559, which provided for the gradual, complete elimination of the sales tax on groceries. The Governor may try to characterize a vote to override as a vote against higher education. This is not correct.

The issue of food tax relief is not inextricably linked to higher education funding, particularly in regard to this Bill because it in no way impacts appropriations for higher education. My vote to override S. 559 has absolutely no impact on this year's budget, in general, or on higher education funding, in particular. As a matter of fact, the

Printed Page 3085 . . . . . Thursday, June 28, 2001
reduction in the sales tax on groceries provided for in S. 559 would not begin until July of 2003.

My vote to override the veto is properly viewed as a vote to gradually and completely eliminate the most regressive tax this State levies. The sales tax on groceries is disproportionately burdensome on our State's elderly and working poor and the time has come for this State to join all but 17 other states in ceasing to tax this basic necessity of human life.

Last year's budget Bill included a one cent reduction in the sales tax on groceries together with language expressing the intent of the General Assembly to completely eliminate the tax in the coming years. The Governor did not veto this proviso and it became law.

My vote today reflects my commitment to the people of District Number One - Oconee and Pickens Counties.

Statement by Senators PEELER, RAVENEL, LEATHERMAN
GIESE, WILSON, BAUER, RICHARDSON,
GROOMS BRANTON, RITCHIE, COURSON,
McCONNELL and MESCHER

We voted today to override the Governor's veto of S. 559, which provided for the gradual, complete elimination of the sales tax on groceries. The Governor is characterizing a vote to override as a vote against higher education. He could not be less correct or more misleading.

The issue of food tax relief is not inextricably linked to higher education funding, particularly in regard to this Bill because it in no way impacts appropriations for higher education. Our votes to override S. 559 have absolutely no impact on this year's budget, in general, or on higher education funding, in particular. As a matter of fact, the reduction in the sales tax on groceries provided for in S. 559 would not begin until July of 2003.

Our votes to override the veto are properly viewed as votes to keep the promise made by the General Assembly and the Governor to gradually and completely eliminate the most regressive tax this State levies and return over $300 million dollars in sales tax revenue to the people from whom it came.

Last year's budget Bill included a one cent reduction in the sales tax on groceries together with language expressing the intent of the General Assembly to completely eliminate the tax in the coming years. The Governor did not veto this proviso and it became law.

Printed Page 3086 . . . . . Thursday, June 28, 2001

In January of this year, the Governor pledged to "fulfill the promise of food tax relief" in his State of the State address. Apparently, the Governor recognized then what the editorial boards of the Charleston Post and Courier, the Greenville News and the Spartanburg Herald-Journal, among others, have all noted - that the sales tax on groceries is disproportionately burdensome on our State's elderly and working poor and that the time has come for this State to join all but 17 other states in ceasing to tax this basic necessity of human life.

We are profoundly disappointed that the Governor has broken his promise to the people of this State. Our vote today reflects our commitment to the people of South Carolina and our resolve to keep this body's promise to eliminate this burden on all of her people, particularly the elderly and working poor.

Statement by Senator VERDIN

I voted today to override the Governor's veto of S. 559, which provided for the gradual, complete elimination of the sales tax on groceries. The Governor may try to characterizing a vote to override as a vote against higher education. This is not correct.

The issue of food tax relief is not inextricably linked to higher education funding, particularly in regard to this Bill because it in no way impacts appropriations for higher education. My vote to override S. 559 has absolutely no impact on this year's budget, in general, or on higher education funding, in particular. As a matter of fact, the reduction in the sales tax on groceries provided for in S. 559 would not begin until July of 2003.

Last year's budget Bill included a one cent reduction in the sales tax on groceries together with language expressing the intent of the General Assembly to completely eliminate the tax in the coming years. The Governor did not veto this proviso and it became law.

I am profoundly disappointed that the Governor has broken his promise to the people of this State. My vote today reflects my commitment to the people of my district.

PRESIDENT PRESIDES

At 2:20 P.M., the PRESIDENT assumed the Chair.

RECESS

At 2:24 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes.

At 2:35 P.M., the Senate resumed.

Printed Page 3087 . . . . . Thursday, June 28, 2001

Expression of Personal Interest

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

RECESS

At 3:10 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair to reconvene no later than 5:10 P.M.

NIGHT SESSION

The Senate reassembled, at 5:27 P.M., and was called to order by the PRESIDENT.

MOTION ADOPTED
H. 3687--GENERAL APPROPRIATION BILL

Senator McCONNELL asked unanimous consent that vetoes #26, #43, #44, #45 and #46 to H. 3687, R 147, the General Appropriation Bill, be taken up for immediate consideration and overridden with the members present being recorded as voting in favor of the motion.

There was no objection.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 103 to 0:

H. 3687--GENERAL APPROPRIATION BILL

Veto #26. Part IB, Section 54, Page 426, Proviso 54.48
Very respectfully,
Speaker

VETO OVERRIDDEN
H. 3687--GENERAL APPROPRIATION BILL

Veto #26. Part IB, Section 54, Page 426, Proviso 54.48

Printed Page 3088 . . . . . Thursday, June 28, 2001

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Holland
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Saleeby
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--42

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Senate proceeded to a consideration of Veto #43.

Printed Page 3089 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 95 to 0:

H. 3687--GENERAL APPROPRIATION BILL

Veto #43. Part IA, Section 54A, Page 254, Item Operations and Management $30,000
Very respectfully,
Speaker

VETO OVERRIDDEN
H. 3687--GENERAL APPROPRIATION BILL

Veto #43. Part IA, Section 54A, Page 254, Item Operations and Management $30,000

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Holland
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Saleeby
Printed Page 3090 . . . . . Thursday, June 28, 2001
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--42

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Senate proceeded to a consideration of Veto #44.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 100 to 0:

H. 3687--GENERAL APPROPRIATION BILL

Veto #44. Part IA, Section 54A, Page 254, Item In District Compensation $552,000
Very respectfully,
Speaker

VETO OVERRIDDEN
H. 3687--GENERAL APPROPRIATION BILL

Veto #44. Part IA, Section 54A, Page 254, Item In District Compensation $552,000

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 42; Nays 0

Printed Page 3091 . . . . . Thursday, June 28, 2001

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Holland
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Saleeby
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--42

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Senate proceeded to a consideration of Veto #45.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 86 to 1:

H. 3687--GENERAL APPROPRIATION BILL

Veto #45. Part IA, Section 54A, Page 254, Item National Conference State Legislatures $116,715
Very respectfully,
Speaker

Printed Page 3092 . . . . . Thursday, June 28, 2001

VETO OVERRIDDEN
H. 3687--GENERAL APPROPRIATION BILL

Veto #45. Part IA, Section 54A, Page 254, Item National Conference State Legislatures $116,715

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Holland
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Saleeby
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--42

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Senate proceeded to a consideration of Veto #46.

Printed Page 3093 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 110 to 0:

H. 3687--GENERAL APPROPRIATION BILL

Veto #46. Part IA, Section 54B, Page 256, Item Reapportionment $878,000
Very respectfully,
Speaker

VETO OVERRIDDEN
H. 3687--GENERAL APPROPRIATION BILL

Veto #46. Part IA, Section 54B, Page 256, Item Reapportionment $878,000

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Holland
Jackson                   Land                      Leatherman
Leventis                  Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Saleeby
Printed Page 3094 . . . . . Thursday, June 28, 2001
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Total--42

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 767 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NONLEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION, THE COMMISSION STAFF, AND THE MEMBERS OF THE CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS ON THE FIFTH ANNIVERSARY OF HISTORIC LEGISLATION REFORMING THE JUDICIAL SELECTION PROCESS FOR THE EXEMPLARY SERVICE THEY PERFORM IN EVALUATING THE QUALIFICATIONS AND CHARACTER OF CANDIDATES FOR JUDICIAL OFFICE IN THE STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 768 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO EXPRESS VERY BEST WISHES FROM THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORMER CREW MEMBERS OF THE USS FRED T. BERRY ON THE OCCASION OF THEIR ANNUAL REUNION, HOSTED THIS YEAR IN THE STATE OF SOUTH CAROLINA IN THE CITY OF CHARLESTON, AND WISH FOR THE CREW MEMBERS A WONDERFUL GATHERING WITH THE OPPORTUNITY TO TAKE ADVANTAGE OF THE MANY HISTORICAL SIGHTS IN CHARLESTON, INCLUDING PATRIOTS POINT AND THE REMAINS OF THE USS HUNLEY.

Printed Page 3095 . . . . . Thursday, June 28, 2001
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 769 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
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Read the first time and, on motion of Senator MARTIN, with unanimous consent, S.769 was ordered placed on the Local and Uncontested Calendar.

S. 769--Ordered to a Second and Third Reading

On motion of Senator MARTIN, with unanimous consent, S. 769 was ordered to receive a second and third reading on the next two consecutive legislative days.

HOUSE CONCURRENCE

S. 767 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NONLEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION, THE COMMISSION STAFF, AND THE MEMBERS OF THE CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS ON THE FIFTH ANNIVERSARY OF HISTORIC LEGISLATION REFORMING THE JUDICIAL SELECTION PROCESS FOR THE EXEMPLARY SERVICE THEY PERFORM IN EVALUATING THE QUALIFICATIONS AND CHARACTER OF CANDIDATES FOR JUDICIAL OFFICE IN THE STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 768 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO EXPRESS VERY BEST WISHES FROM THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORMER CREW MEMBERS OF THE USS FRED T. BERRY ON THE OCCASION OF THEIR ANNUAL REUNION, HOSTED THIS YEAR IN THE STATE OF SOUTH CAROLINA IN

Printed Page 3096 . . . . . Thursday, June 28, 2001
THE CITY OF CHARLESTON, AND WISH FOR THE CREW MEMBERS A WONDERFUL GATHERING WITH THE OPPORTUNITY TO TAKE ADVANTAGE OF THE MANY HISTORICAL SIGHTS IN CHARLESTON, INCLUDING PATRIOTS POINT AND THE REMAINS OF THE USS HUNLEY.

Returned with concurrence.

Received as information.

The following Bills were ordered to receive respective readings by prior motions made on June 21, 2001:

ORDERED ENROLLED FOR RATIFICATION

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

H. 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

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

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.

By prior motion of Senator GLOVER, with unanimous consent

Printed Page 3097 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 87:

H. 3687--GENERAL APPROPRIATION BILL

Veto #1. Part IA, Section 5-C, The Citadel, Page 32, Item Base Reduction $2,114,447
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 26 to 75:

H. 3687--GENERAL APPROPRIATION BILL

Veto #2. Part IA, Section 5-D, Clemson University, Page 35, Item Base Reduction $14,285,036
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 18 to 79:

H. 3687--GENERAL APPROPRIATION BILL

Veto #3. Part IA, Section 5-E, University of Charleston, Page 37, Item Base Reduction $3,832,413
Very respectfully,
Speaker

Printed Page 3098 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 20 to 77:

H. 3687--GENERAL APPROPRIATION BILL

Veto #4. Part IA, Section 5-F, Coastal Carolina, Page 39, Item Base Reduction $1,598,624
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 76:

H. 3687--GENERAL APPROPRIATION BILL

Veto #5. Part IA, Section 5-G, Francis Marion University, Page 41, Item Base Reduction $1,878,687
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 75:

H. 3687--GENERAL APPROPRIATION BILL

Veto #6. Part IA, Section 5-H, Lander University, Page 44, Item Base Reduction $1,261,825
Very respectfully,
Speaker

Printed Page 3099 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 71:

H. 3687--GENERAL APPROPRIATION BILL

Veto #7. Part IA, Section 5-J, South Carolina State, Page 46, Item Base Reduction $3,355,228
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 15 to 73:

H. 3687--GENERAL APPROPRIATION BILL

Veto #8. Part IA, Section 5-KA, University of South Carolina, Page 51, Item Base Reduction $24,545,154
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 73:

H. 3687--GENERAL APPROPRIATION BILL

Veto #9. Part IA, Section 5-KB, USC Aiken, Page 54, Item Base Reduction $1,276,429
Very respectfully,
Speaker

Printed Page 3100 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 73:

H. 3687--GENERAL APPROPRIATION BILL

Veto #10. Part IA, Section 5-KC, USC Spartanburg, Page 56, Item Base Reduction $1,509,885
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 18 to 76:

H. 3687--GENERAL APPROPRIATION BILL

Veto #11. Part IA, Section 5-KD, USC Beaufort, Page 58, Item Base Reduction $283,563
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 16 to 76:

H. 3687--GENERAL APPROPRIATION BILL

Veto #12. Part IA, Section 5-KE, USC Lancaster, Page 60, Item Base Reduction $347,391
Very respectfully,
Speaker

Printed Page 3101 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 15 to 72:

H. 3687--GENERAL APPROPRIATION BILL

Veto #13. Part IA, Section 5-KF, USC Salkehatchie, Page 62, Item Base Reduction $280,066
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 74:

H. 3687--GENERAL APPROPRIATION BILL

Veto #14. Part IA, Section 5-KG, USC Sumter, Page 64, Item Base Reduction $519,027
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 76:

H. 3687--GENERAL APPROPRIATION BILL

Veto #15. Part IA, Section 5-KH, USC Union, Page 66, Item Base Reduction $136,684
Very respectfully,
Speaker

Printed Page 3102 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 17 to 73:

H. 3687--GENERAL APPROPRIATION BILL

Veto #16. Part IA, Section 5-L, Winthrop University, Page 68, Item Base Reduction $3,001,700
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 14 to 72:

H. 3687--GENERAL APPROPRIATION BILL

Veto #17. Part IA, Section 5-MA, Medical University of South Carolina, Page 70, Item Base Reduction $6,623,237
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 16 to 70:

H. 3687--GENERAL APPROPRIATION BILL

Veto #18. Part IA, Section 5-MC, Consortium of Community Teaching Hospitals, Page 72, Item Base Reduction $2,031,657
Very respectfully,
Speaker

Printed Page 3103 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 14 to 67:

H. 3687--GENERAL APPROPRIATION BILL

Veto #19. Part IA, Section 5-N, Technical and Comprehensive Education, Page 76, Item Base Reduction $20,056,936
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 6 to 92:

H. 3687--GENERAL APPROPRIATION BILL

Veto #20. Part IA, Section 1, Department of Education, Page 16, Item Base Reduction $4,521,968
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 7 to 79:

H. 3687--GENERAL APPROPRIATION BILL

Veto #21. Part IB, Section 72, Page 482, Proviso 72.111, Item H63 Department of Education $422,405
Very respectfully,
Speaker

Printed Page 3104 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 81:

H. 3687--GENERAL APPROPRIATION BILL

Veto #22. Part IB, Section 72, Page 482, Proviso 72.111, Item H67 ETV $409,096
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 15 to 73:

H. 3687--GENERAL APPROPRIATION BILL

Veto #23. Part IB, Section 72, Page 482, Proviso 72.111, Item H71 Wil Lou Gray $11,638
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 11 to 75:

H. 3687--GENERAL APPROPRIATION BILL

Veto #24. Part IB, Section 72, Page 482, Proviso 72.111, Item H75 School for the Deaf and Blind $29,120
Very respectfully,
Speaker

Printed Page 3105 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 11 to 72:

H. 3687--GENERAL APPROPRIATION BILL

Veto #25. Part IB, Section 72, Page 482, Proviso 72.111, Item L12 John de la Howe School $88, 515
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 53 to 45:

H. 3687--GENERAL APPROPRIATION BILL

Veto #27. Part IB, Section 56DD, Page 432, Proviso 56DD.38
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 69:

H. 3687--GENERAL APPROPRIATION BILL

Veto #28. Part IB, Section 1, Page 347, Proviso 1.69
Very respectfully,
Speaker

Printed Page 3106 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 63 to 41:

H. 3687--GENERAL APPROPRIATION BILL

Veto #35. Part IB, Section 1, Page 347, Proviso 1.71
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 53 to 45:

H. 3687--GENERAL APPROPRIATION BILL

Veto #38. Part IB, Section 8, Page 374, Proviso 8.45
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 55 to 44:

H. 3687--GENERAL APPROPRIATION BILL

Veto #39. Part IB, Section 63, Page 442, Proviso 63B.13
Very respectfully,
Speaker

Printed Page 3107 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 55 to 44:

H. 3687--GENERAL APPROPRIATION BILL

Veto #40. Part IB, Section 72, Page 478, Proviso 72.98
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 19 to 81:

H. 3687--GENERAL APPROPRIATION BILL

Veto #41. Part IB, Section 72, Page 483, Proviso 72.111, Item H03 CHE Performance Funding $20,000,000
Very respectfully,
Speaker

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 56 to 47:

H. 3687--GENERAL APPROPRIATION BILL

Veto #47. Part IB, Section 72, Page 477, Proviso 72.89
Very respectfully,
Speaker

Printed Page 3108 . . . . . Thursday, June 28, 2001

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 63 to 50:

H. 3687--GENERAL APPROPRIATION BILL

Veto #48. Part IB, Section 72, Page 477, Proviso 72.90
Very respectfully,
Speaker

RECESS

At 5:45 P.M., on motion of Senator McCONNELL, the Senate receded from business subject to the Call of the Chair.

At 6:35.M., the Senate resumed.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 76 to 27:

H. 3687--GENERAL APPROPRIATION BILL

Veto #36. Part IB, Section 1, Page 347, Proviso 1.74
Very respectfully,
Speaker

VETO SUSTAINED
H. 3687--GENERAL APPROPRIATION BILL

Veto #36. Part IB, Section 1, Page 347, Proviso 1.74

Senator PEELER moved pursuant to Rule 50 that the veto of the Governor be overridden.

Senator SETZLER argued contra to the motion.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

Printed Page 3109 . . . . . Thursday, June 28, 2001

By a division vote of 14-19, the necessary two-thirds vote was not received and the motion failed. The veto by the Governor was sustained and a message was sent to the House accordingly.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.147, H. 3687 by a vote of 62 to 29:

H. 3687--GENERAL APPROPRIATION BILL

Veto #37. Part IB, Section 1, Page 359, Proviso 1A.67
Very respectfully,
Speaker

VETO SUSTAINED
H. 3687--GENERAL APPROPRIATION BILL

Veto #37. Part IB, Section 1, Page 359, Proviso 1A.67

Senator PEELER moved pursuant to Rule 50 that the veto of the Governor be overridden.

Senator SETZLER argued contra to the motion.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

By a division vote of 16-18, the necessary two-thirds vote was not received and the motion failed. The veto by the Governor was sustained and a message was sent to the House accordingly.

Statement by Senator SETZLER

I voted to sustain Vetoes #36 and #37 because both violate Rule 24 of the Senate.

Printed Page 3110 . . . . . Thursday, June 28, 2001

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002

Horace Butler, Jr., 128-C Epps Drive, Simpsonville, S.C. 29681 VICE Ulysses J. Thompson

MOTION ADOPTED

On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Millie Lewis, owner of Millie Lewis of Columbia Agency, which helped launch the careers of many models, actors and entertainers, including actresses Andie MacDowell and Mena Suvari.

and

MOTION ADOPTED

On motion of Senators WALDREP, O'DELL, 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, PASSAILAIGUE, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of former State Representative Pat Harris, age 90, our beloved colleague and friend, who served in the House of Representatives from 1969-1994. While in the House he served on the House Ethics Committee, Ways and Means Committee, Joint Appropriations Review Committee and the Joint Committee on Aging.

Printed Page 3111 . . . . . Thursday, June 28, 2001

ADJOURNMENT

At 6:55 P.M., on motion of Senator McCONNELL, the Senate adjourned in accordance with the provisions of S. 583, the Sine Die Resolution.

* * *

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