Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, a wise man many centuries ago prayed this prayer recorded in the Book of Proverbs, Chapter 30:7-9:
"Two things I ask of Thee; deny them not to me before I die:
Remove far from me falsehood and lying;
Give me neither poverty nor riches;
Feed me with the food that is needful for me lest I be full, and deny Thee, and say, "Who is the Lord?" or lest I be poor, and steal, and profane the name of my God."
Let us pray.
We thank You, Heavenly Father that sainthood is conditioned on neither poverty nor riches.
We know that a man's real worth is, fundamentally, not in what he has but in what he is and what he believe in his heart.
We know that poverty is terrible and to be rich can be hazardous.
So, save us, Lord, from discontent; and vain ambitions; and for hankering after things which may not be good for us.
So give us the grace of thankfulness and make us rich with happiness... and inward peace!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator GIESE introduced Dr. William L. Brannon, along with medical residents, Joe Gabrial and Stuart Smith, all of Columbia, S.C., Doctors of the Day.
S. 312 (Word version) -- Senators Verdin, Grooms, Fair, Thomas and Hawkins: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES
On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 312.
S. 297 (Word version) -- Senators Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel and Martin: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL
On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 297.
S. 143 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 143.
S. 271 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO PROVIDE FOR A SPECIAL REASSESSMENT BY THE COUNTY ASSESSOR WHEN THE FAIR MARKET VALUE OF PARCELS OF REAL PROPERTY ADJACENT TO A RIVER, STREAM, POND, OR LAKE HAS BEEN ADVERSELY IMPACTED BY THE RELEASE INTO THE WATER OF POLLUTANTS BY OTHER THAN THE AFFECTED PROPERTY OWNER, TO PROVIDE THAT THIS SPECIAL REASSESSMENT MAY RESULT ONLY IN REDUCED FAIR MARKET VALUE, TO PROVIDE FOR APPEAL OF THE VALUE DETERMINED IN THIS SPECIAL REASSESSMENT, AND TO PROVIDE THAT A PROPERTY OWNER MAY TAKE THE STANDARD APPEAL WITHOUT REGARD TO THE OTHERWISE APPLICABLE YEARLY DEADLINE TO FILE AN APPEAL IF THE PROPERTY OWNER ELECTS NOT TO BE COVERED BY THE SPECIAL REASSESSMENT.
On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 271.
The following were introduced:
S. 426 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170, SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR AN INSURANCE REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; TO AMEND BY ADDING SECTION 38-55-173, SO AS TO PROVIDE THAT A PERSON CONNECTED WITH OR ENGAGED IN THE AUTO REPAIR BUSINESS IS GUILTY OF INSURANCE FRAUD IF THE PERSON GIVES MONEY OR OTHER CONSIDERATION TO AN INSURED IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF AUTOMOBILE SAFETY GLASS; TO AMEND SECTION
Read the first time and referred to the Committee on Banking and Insurance.
S. 427 (Word version) -- Senators McConnell and Richardson: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION AND COMPREHENSIVE AUTOMOBILE INSURANCE COVERAGE, SO AS TO ALLOW AN INSURED TO ELECT TO APPLY THE PHYSICAL DAMAGE COVERAGE DEDUCTIBLE TO AUTOMOBILE SAFETY GLASS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 428 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE IN CORPORATE LIMITS OF A MUNICIPALITY, BY ADDING SECTION 5-3-283 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF AN AREA WHICH HAS BEEN ANNEXED BY ANOTHER MUNICIPALITY AND FORMERLY CONTAINED IN A DISSOLVED MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.
S. 429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY
Read the first time and referred to the Committee on Judiciary.
S. 430 (Word version) -- Senator Jackson: A BILL TO AMEND TITLE 40, CHAPTER 67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH-LANGUAGE PATHOLOGISTS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "SOUTH CAROLINA LICENSURE FOR INTERPRETERS AND TRANSLITERATORS ACT", TO PROVIDE FOR THE LICENSURE, PERMITTING, AND REGULATION OF PERSONS WHO PROVIDE INTERPRETING AND TRANSLITERATING SERVICES, TO CREATE THE SOUTH CAROLINA LICENSURE COUNCIL FOR INTERPRETERS AND TRANSLITERATORS AND TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 431 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMISSION OF EXPERT'S REPORT AS EVIDENCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2597, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 432 (Word version) -- Senators Ravenel, McConnell, Bauer and Branton: A BILL TO AMEND CHAPTER 10, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-40, SO AS TO PROVIDE FOR THE FLYING OF THE FIRST NATIONAL FLAG OF THE CONFEDERACY, COMMONLY KNOWN AS THE "STARS AND BARS", AT A POINT CENTERED ON THE MONUMENT TO THE WOMEN OF THE CONFEDERACY.
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Senator BRANTON spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 433 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS IN THIS STATE, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE MANNER IN WHICH FUNDING OF ALL PUBLIC SCHOOL DISTRICTS MUST BE EQUITABLE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT THE COURTS, SHALL DETERMINE THE ADEQUACY AND EQUITY OF FUNDING FOR THE PUBLIC SCHOOLS.
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Read the first time and referred to the Committee on Judiciary.
S. 434 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 116, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPUS SECURITY DEPARTMENTS, SO AS TO RENAME CHAPTER 116 AS "CAMPUS SAFETY DEPARTMENT", TO AMEND SECTION 59-116-20, RELATING TO AUTHORITY TO ESTABLISH CAMPUS SECURITY DEPARTMENTS AND LIMITATIONS ON JURISDICTION, SO AS TO CHANGE "BOARD OF TRUSTEES" TO "GOVERNING BODY" AND CHANGE THE LIMITATIONS ON JURISDICTION OF CAMPUS POLICE OFFICERS, TO AMEND SECTION 59-116-30, RELATING TO THE AUTHORITY, POWER, AND DUTIES OF CAMPUS POLICE OFFICERS, SO AS TO DELETE A PROVISION RELATING TO AND LIMITING THE ARREST POWERS OF CAMPUS POLICE OFFICERS OUTSIDE THE TERRITORIAL JURISDICTION OF CAMPUS POLICE OFFICERS, TO PROVIDE FOR MARKINGS ON CAMPUS POLICE VEHICLES AND PROVIDE FOR THE USE OF UNMARKED VEHICLES BY CAMPUS POLICE AGENCIES; BY ADDING SECTION 59-116-45, SO AS TO PROVIDE THAT CAMPUS SAFETY DEPARTMENTS MAY PROMULGATE POLICIES AND PROCEDURES FOR THE EFFECTIVE AND EFFICIENT OPERATION OF SAFETY DEPARTMENTS, TO AMEND SECTION 59-116-50, RELATING TO RANKS AND GRADES OF CAMPUS POLICE, SO AS TO DESIGNATE THE CHIEF OF POLICE AND DIRECTOR OF PUBLIC SAFETY AS OFFICIALS TO ESTABLISH SYSTEMS OF RANKS, GRADES,
Read the first time and referred to the Committee on Judiciary.
H. 3691 (Word version) -- Rep. Scarborough: A CONCURRENT RESOLUTION EXTENDING HEARTY CONGRATULATIONS TO LEGARE HAY FOR CAPTURING THE STATE CHAMPIONSHIP TITLE FOR THE HOOP SHOOT COMPETITION AND TO WISH HIM THE VERY BEST IN HIS UPCOMING COMPETITIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Corrections and Penology polled out S. 405 with no report:
S. 405 (Word version) -- Senators Ryberg, Martin, Short, Branton, Ford, Verdin, Thomas, Patterson, Jackson, Pinckney, Alexander, Glover, Gregory, Matthews, Hutto, Holland, Waldrep and Saleeby: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY
AYES
Ryberg Thomas Patterson Ford Gregory Glover Fair Anderson Martin Holland Short Branton Hawkins Pinckney Verdin
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Corrections and Penology polled out H. 3546 with no report:
H. 3546 (Word version) -- Reps. Knotts, Altman, Bingham, Whatley and Wilkins: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2002, BEFORE WHICH DATE IT MUST
AYES
Ryberg Thomas Giese Patterson Ford Gregory Glover Fair Anderson Martin Holland Saleeby Short Branton Hawkins Pinckney Verdin
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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. 3124 (Word version) -- Reps. Emory, Clyburn, Robinson and Whipper: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 102 (Word version) -- Senators Hutto, Ford, Hayes, Reese and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.
S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Senator LEATHERMAN explained the Bill.
S. 398 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME,
S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.
By prior motion of Senator WILSON, with unanimous consent
At 11:25 A.M., Senator McCONNELL assumed the Chair.
S. 271 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO PROVIDE FOR A SPECIAL REASSESSMENT BY THE COUNTY ASSESSOR WHEN THE FAIR MARKET VALUE OF PARCELS OF REAL PROPERTY ADJACENT TO A RIVER, STREAM, POND, OR LAKE HAS BEEN ADVERSELY IMPACTED BY THE RELEASE INTO THE WATER OF POLLUTANTS BY OTHER THAN THE AFFECTED PROPERTY OWNER, TO PROVIDE THAT THIS SPECIAL REASSESSMENT MAY RESULT ONLY IN REDUCED FAIR MARKET VALUE, TO PROVIDE FOR APPEAL OF THE VALUE DETERMINED IN THIS SPECIAL REASSESSMENT, AND TO PROVIDE THAT A PROPERTY OWNER MAY TAKE THE STANDARD APPEAL WITHOUT REGARD TO THE OTHERWISE APPLICABLE YEARLY DEADLINE TO FILE AN APPEAL IF THE PROPERTY OWNER ELECTS NOT TO BE COVERED BY THE SPECIAL REASSESSMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\9988HTC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-60-2510(A)(4) of the 1976 Code is amended to read:
"(4) In years when there is no notice of property tax assessment, the property taxpayer must, by March May first, give the assessor written notice of objection to one or more of the following: the fair market value, the special use value, the assessment ratio, and the property tax assessment. The failure to serve written notice of objection by March May first is a waiver of the taxpayer's right of protest for that tax year, and the assessor may not review any request filed after March May first."
SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2000. /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3227 (Word version) -- Reps. Altman and Neilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\9980HTC01), which was adopted:
Amend the bill, as and if amended, by striking the unnumbered item in Section 12-37-220(B) as contained in SECTION 1, page 1, and inserting:
/ "( ) The dwelling home and a lot not to exceed one acre of land owned in fee or for life or jointly with a spouse by a resident of this State who is a recipient of the Medal of Honor or who was a prisoner of war in World War I, World War II, the Korean Conflict, or the Vietnam Conflict. The exemption is allowed to the surviving spouse under the same terms and conditions governing the exemption for surviving spouses pursuant to item (1) of this subsection. A person applying for this exemption must provide the evidence of eligibility the department requires." /
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
Senator DRUMMOND abstained from voting on the second reading of the Bill.
S. 8 (Word version) -- Senators Hayes, Mescher, Reese, Giese and Branton: A BILL TO AMEND SECTION 59-19-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR LEASE OF SCHOOL PROPERTY BY SCHOOL TRUSTEES, SO AS TO DELETE THE REQUIREMENT THAT THE SALE OR LEASE REQUIRES THE CONSENT OF THE COUNTY BOARD OF EDUCATION OR GOVERNING BODY OF THE COUNTY IN THOSE COUNTIES WHICH DO NOT HAVE A COUNTY BOARD OF EDUCATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (GJK\20261SD01), which was adopted:
Amend the bill, as and if amended, by striking Section 59-19-250 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 59-19-250. The school trustees of the several local school districts may sell or lease school property, real or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of any such sale or lease to the school fund of the district. The consent of the county board of education or, in those counties which do not have a county board of education, the governing body of the county, shall be first obtained by the trustees desiring to make any such sale or lease. The board of trustees, within thirty days after making any such sale or lease, shall send a report thereof to the county board of education or, in those counties which do not have a county board of education, the governing body of the county, setting forth the terms and amount of the sale or lease. However, in the case of those districts which do not have fiscal autonomy and which have a county board of education, school district trustees shall first obtain the approval of the county board of education./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
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. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT
The Senate proceeded to a consideration of the committee amendment. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (163R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking Section 9-1-1790(A), as contained in SECTION 1, beginning on page 1, and inserting:
/ "(A) A retired member of the system who has been retired for at least sixty days may return to employment covered by the system and earn up to twenty-five forty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned twenty-five forty-five thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530 If a retired member of the system returns to employment covered by the system sooner than sixty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member." /
Amend further, as and if amended, by striking Section 9-11-90(4)(a), as contained in SECTION 2, page 2, and inserting:
/ (a) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system may return to employment covered by the system who has been retired for at least sixty days and earn up to twenty-five forty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned
Amend further, as and if amended, page 2, by striking SECTION 3 and inserting:
/ SECTION 3. Section 9-1-1530 of the 1976 Code is repealed.
SECTION 4. This act takes effect July 1, 2001. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
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. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (143R001.COM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-45-90 of the 1976 Code is amended to read:
"Section 12-45-90. Taxes shall be are payable in the following kinds of funds and no other: silver coin, United States currency, United States postal money orders, and checks subject to collection. A third-party administrator may be used for the collection of taxes through electronic media if there is no cost borne by the county. Other media of payment may be accepted as payment for taxes upon approval of the governing body, and if costs are incurred by the county in the acceptance of a payment media, approval of the county governing body must be obtained. Electronic or other media of payment are subject to collection, and in the absence of an agreement among the taxing entities to share the costs of collection of property taxes, costs must be apportioned among the taxing entities on a pro rata basis. The county governing body may impose a uniform surcharge as a condition of acceptance of a particular medium of payment, not to exceed the cost of accepting charge cards, debit cards, or electronic forms of payment including discount or merchant fees. Jury certificates and per diem of witnesses in the circuit court and all county claims which have been approved and certificates issued by the governing body of the county shall be are receivable for taxes due the county in which such the services were rendered or such the claims approved, not including school taxes."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the committee amendment.
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.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 3634 (Word version) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.
S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
S. 46 (Word version) -- Senators Ford, Elliott, Reese and Branton: A BILL TO AMEND SECTION 23-6-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD.0046.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-230. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety (DPS), sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction of data obtained pursuant to the requirements of this section in any court of competent jurisdiction."
SECTION 2. Section 23-1-230 is repealed July 1, 2006.
SECTION 3. This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3556 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 15, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\11317AC01), which was adopted:
Amend the concurrent resolution, as and if amended, page 2, by deleting line 21 and inserting:
/retention of nurses and nurses aides in South Carolina nursing homes and hospitals and to/
Amend the concurrent resolution, further, by amending the title to read:
/REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.
H. 3053 (Word version) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE STATE RETIREMENT ACCOUNT OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH
Senator McCONNELL objected.
S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. Verne Smith, Peeler, Giese, Wilson, Gregory, Hawkins and Ritchie: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0252.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 61-4-100, as contained in SECTION 1, by striking lines 27 through 30 and inserting therein the following:
/ "A minor shall not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator RITCHIE explained the Bill.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS objected to further consideration of the Bill.
S. 250 (Word version) -- Senators Waldrep, Branton and Hawkins: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0250.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 5, in Section 42-11-30(B)(1), as contained in SECTION 1, by striking lines 5-30, and inserting therein the following:
/ (B) Notwithstanding any other provision of this chapter, for purposes of South Carolina Workers' Compensation, a cardiac-related incident causing impairment or injury to a law enforcement officer resulting in total or partial disability or death is presumed to have arisen
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator GIESE objected to further consideration of the Bill.
S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MARTIN moved that the Senate dispense with the Motion Period.
Senator SHORT moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Hutto Leventis McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to adjourn.
The question then was the motion to dispense with the Motion Period.
The Senate agreed to dispense with the Motion Period.
Senator LEVENTIS requested to be recognized on S. 76.
Senator MARTIN made a Parliamentary Inquiry as to whether or not the Senate was considering S. 76.
The ACTING PRESIDENT stated that S. 76 was not yet under consideration.
Senator BRANTON rose for an Expression of Personal Interest.
Senator J. VERNE SMITH rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
Senator MOORE rose for an Expression of Personal Interest.
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
Senator MOORE asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.
The Bill was placed in the status of Interrupted Debate.
On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James N. Richardson of Hilton Head, S.C.
Senator MARTIN moved that, when the Senate adjourns on Friday, March 9, 2001, it stand adjourned to meet next Tuesday, March 13, 2001, at 12:00 Noon, which motion was adopted.
At 12:23 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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