Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 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 Psalmist in Psalm 102:19f:

"...from heaven the Lord looked at the earth, to hear the groans of the prisoners, to set free those who were doomed to die..."
Let us pray.

Father, yesterday we prayed for parents and loved ones of children who were murdered by children.

Today we are praying for the child-murderers who have been convicted and sentenced to prison for life.

Lord God, they are tragedies that we have difficulty in understanding! It sounds like rebellion in paradise -- a child a murderer -- in prison for the rest of its earthly life! They seem to be too young to know what death is!

So, we pray that You will go with these imprisoned children! Help them to find some friends in prison to help them with their growing anguish!

May they come to know a Gracious God!
Amen.

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

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

Initial Appointment, York County Natural Gas Authority, with term to commence March 1, 2001, and to expire March 1, 2004

Tega Cay

Ellen Weir, 7016 Chelsea Day Lane, Tega Cay, S.C. 29708 VICE Edgar S. Weaver

Reappointment, Kershaw County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007

Jeffrey Marc Tzerman, P.O. Box 1317, Camden, S.C. 29020

Columbia, S.C., March 12, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following appointment:

Reappointment, Kershaw County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007:

Honorable Jeffrey Marc Tzerman, P. O. Box 1317, Camden, S.C. 29020
Very respectfully,
Speaker of the House

Received as information.

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis and Branton: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

On motion of Senator RITCHIE, with unanimous consent, the name of Senator RITCHIE was added as a co-sponsor of S. 60.

S. 108 (Word version) -- Senators Leatherman, Richardson, Elliott and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE SHALL

On motion of Senator RITCHIE, with unanimous consent, the name of Senator RITCHIE was added as a co-sponsor of S. 108.

S. 261 (Word version) -- Senators Reese and Verdin: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO

On motion of Senator BAUER, with unanimous consent, the name of Senator BAUER was added as a co-sponsor of S. 261.

Senator McCONNELL introduced Dr. Rederick Reed of Charleston, S.C., Doctor of the Day.

On motion of Senator McCONNELL, with unanimous consent, Senators MOORE, FORD, RANKIN, HUTTO, MESCHER, RITCHIE and RICHARDSON were granted leave to attend a meeting of a Judiciary subcommittee, be counted in any quorum calls, and to be notified of any roll call votes and be granted time in which to return to the Chamber to vote.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to take up appointments for immediate consideration immediately following the Introduction of Bills and Resolutions.

Senator McCONNELL rose for an Expression of Personal Interest.

Ladies and Gentlemen of the Senate...I want to update you today on the upcoming reapportionment process. I have been notified that South Carolina should receive the official results of the 2000 Census by the end of the month, which will be our basis for beginning the reapportionment process. As you are aware, the Senate has the responsibility of proposing and passing legislation to redraw South Carolina's six congressional districts and the State Senate's forty-six districts.

We do a lot of important work in this Chamber. Along with these important tasks, we must work conscientiously to ensure that the people of South Carolina receive fair and equitable representation in their state and federal governments. To accomplish this, we must devote our attention to listening to our constituents and making wise decisions about how these districts should be drawn.

This is important not only so that district boundaries accommodate constituent needs but also to meet federal requirements. South Carolina is known as a "covered jurisdiction," which means that prior to a change in a voting practice being put into effect, it must be submitted to the United States Department of Justice for preclearance. For example, when we pass a law changing precinct lines or polling places, that law must be approved by the Justice Department before the new precinct boundaries or polling places may be used in an election. Similarly, the reapportionment plans we pass as legislation must be sent to the Justice

As you may know, federal law requires that districts have approximately equal population and comply with the Voting Rights Act. During the 1990's, a number of United States Supreme Court decisions helped to further define "traditional redistricting principles" or reasonable state policies which may be observed in drawing district lines. In the past, the Senate has sought input from citizens, groups, and government officials to determine the criteria or reasonable state policies to use in constructing district lines. These criteria help us justify the decisions we make in drawing lines and are included in our pre-clearance submission to the Justice Department. I advise that we again implement a process to establish these criteria for ourselves and for those wishing to submit plans for our consideration.

As have my predecessors, I will be appointing and relying upon a subcommittee to begin our work on the reapportionment process. The focus of this subcommittee's efforts will be to:

(1)   receive information in the public forums about what traditional redistricting principles should be used and what areas are perceived as communities of interest that should not be divided;

(2)   develop the standards to be used as criteria and the procedures by which plans may be submitted;

(3)   hold an additional set of hearings later to receive plan proposals; and

(4)   recommend proposed Senate and congressional plans to the Judiciary Committee.

I have directed my staff to schedule six public hearings that will be conducted throughout the State during the month of April. At these forums, the subcommittee will gather information about how citizens see themselves and the areas in which they live and about what factors they feel are important in how their districts are redrawn. In particular, the subcommittee will be seeking specific information about existing "communities of interest." This information will be important for the pre-clearance submission and may be relied upon if the plans are challenged in court.

The first public hearing is tentatively scheduled to take place on Thursday, April 5th, in Florence at Florence-Darlington Technical College. The other hearings will be held in Columbia, Greenville, Charleston, Rock Hill and Aiken. All of the hearings, except for the one in Columbia, will be held at the technical colleges. The Columbia hearing will be held in the Gressette Building. If there is no objection,

I hope that you all will take an active part in this process. We need every member's involvement, and this is how you may help!

First, please assist the staff in locating your residence. If they have not done so yet, they will be coming to each of you with maps to verify where you live in your district.

Second, encourage your constituents to become involved in the process. My office will be notifying the media and statewide groups that have expressed an interest in the process, but we also need your help to get the message out to local groups about the hearings.

If there is no objection, after my remarks, I would also like distributed copies of a letter that I will be mailing to individuals and groups in my district. This letter tells when the hearing is scheduled and where it will take place, and presents a brief overview of the process, what to expect at a hearing, and what kind of information the subcommittee hopes to obtain.

I hope that each of you will follow my lead by sending out similar letters in your district to encourage public participation. I further hope that each member will attend the hearing in your area so that you can listen to the concerns of your constituents. We have a unique opportunity to show the people of South Carolina that the Senate cares about their concerns and will focus on drawing fair and representative Senate and congressional districts. We must work together on these plans and not allow the task to become mired in controversy or caught up in partisan backbiting.

You are all my friends. At times we may disagree, but at the end of the day we must still be friends. Therefore, we must conduct this process with grace and respect.

The 2001 reapportionment will offer a superb opportunity to show our colleagues toiling in the House how this monumental task should be handled. We can provide a working example of unity and showcase once again that here in the Senate we truly place the best interests of South Carolinians over partisan politics.

Dear Neighbor:

I want to thank you for taking such an active role in our community and tell you that your efforts are truly appreciated. I also wanted to reaffirm that I am always ready to assist you with any government related matter.

Now, I need to ask for your assistance. The State is about to receive the results of the 2000 census, an event that will trigger the Senate's beginning to work on redistricting the State's forty-six Senate districts and six U.S. congressional districts.

We need public involvement in this process to ensure that we draw districts that are both fair and truly representative of the areas they encompass. A Senate subcommittee will be holding public input forums in six locations throughout the State to gather information about how the Senate should approach the reapportionment process. I want to personally invite you to attend the Charleston area public input forum.

This forum will allow the residents of our area to offer suggestions and comments about which "communities of interest" should be kept together. "Communities of interest" may include: school districts, voting precincts, neighborhoods, political subdivisions, or areas that share similar economic or geographic features.

The subcommittee also would appreciate receiving testimony about what criteria or "traditional redistricting principles" the Senate should use in drawing districts. Historically, criteria have included keeping precincts together to avoid voter confusion, respecting geographic and political subdivision boundaries, and maintaining cores of existing districts if possible. In addition, the subcommittee would like suggestions about how it should receive proposed plans from the public.

After the subcommittee has listened to people from throughout the State, it will devise new guidelines for a second group of hearings that will take place in late summer. The purpose of the second group of

The Charleston area public input forum will be held on Wednesday, April 11, 2001, on the second floor of the 410 building at Trident Technical College in North Charleston, South Carolina. It will commence promptly at 6:30 p.m. and should last approximately two to three hours.

Again, I want to personally invite you to the Charleston area public input forum on reapportionment and to thank you for your valuable input in this process.

Sincerely,
Glenn F. McConnell

On motion of Senator LEVENTIS, with unanimous consent, ordered printed in the Journal.

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

At 2:46 P.M., Senator MARTIN assumed the Chair.

Senator WILSON rose for an Expression of Personal Interest.

At 4:00 P.M., Senator DRUMMOND requested a leave of absence until 10:00 P.M.

The following was received:

Document No. 2574
Promulgated by Department of Labor, Licensing, and Regulation - Auctioneers' Commission
Examination, Licenses, Apprenticeships, Advertising, Professional Standards, Declaratory Rulings, Changes of Address, Procedures
Received by Lt. Governor January 9, 2001
Referred to Senate Committee on Labor, Commerce and Industry

S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

Senator PEELER asked unanimous consent to commit the Bill to the Committee on Medical Affairs.

There was no objection.

The following were introduced:

S. 450 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO REVEREND DOCTOR WESTBERRY HOMER NEAL, PASTOR OF ST. JOHN BAPTIST CHURCH IN THE TOWN OF HOPKINS IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE CITIZENS OF HIS COMMUNITY AND OUR STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 451 (Word version) -- Senators Giese and Martin: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 21, 2001, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 21, 2001, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 452 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A SENATE RESOLUTION DECLARING TUESDAY, MARCH 27, 2001, AS "YORK COUNTY DAY" IN ORDER TO RECOGNIZE THE HARD WORK OF THE PEOPLE OF YORK COUNTY IN MAKING YORK COUNTY AN EXEMPLAR OF ECONOMIC PROGRESS.
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The Senate Resolution was adopted.

S. 453 (Word version) -- Senators Hawkins and Ritchie: A BILL TO AMEND SECTION 38-71-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO INCREASE FROM THIRTY-ONE TO SIXTY DAYS THE ADVANCE NOTICE REQUIRED FOR PREMIUM INCREASES; TO AMEND SECTION 38-71-730, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REQUIRE SIXTY DAYS' WRITTEN NOTICE BEFORE A PREMIUM INCREASE MAY BECOME EFFECTIVE; TO AMEND SECTION 38-33-80, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE SIXTY DAYS' WRITTEN NOTICE BEFORE A PREMIUM INCREASE MAY BECOME EFFECTIVE; AND TO AMEND SECTION 38-71-315, RELATING TO A DECREASE IN PREMIUM CHARGES FOR INDIVIDUAL ACCIDENT AND HEALTH INSURANCE, SO AS TO REQUIRE SIXTY DAYS'

Read the first time and referred to the Committee on Banking and Insurance.

S. 454 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE CHAIRMAN AND CLERK OF A SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE APPROVED MINUTES OF EACH MEETING OF THE BOARD ARE POSTED ON THE DISTRICT'S INTERNET WEBSITE, IF THE DISTRICT MAINTAINS A SITE, AND TO PROVIDE TIME FRAMES FOR THIS POSTING, TO PROVIDE THAT NOTICE OF MEETINGS OF THE SCHOOL BOARD ARE PUBLISHED IN A LOCAL NEWSPAPER OF GENERAL CIRCULATION AND POSTED ON THE DISTRICT'S INTERNET WEBSITE, IF THE DISTRICT MAINTAINS A SITE, TO PROVIDE THAT NOTICE INCLUDES DATE, TIME, PLACE, AND AGENDA OF THE MEETING, AND TO PROVIDE THAT THE BOARD'S ANNUAL REPORT TO THE CITIZENS OF THE DISTRICT INCLUDES A LIST OF THE MEETINGS HELD IN THE PREVIOUS YEAR, AND THE AGENDA AND APPROVED MINUTES OF EACH MEETING.
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Read the first time and referred to the Committee on Education.

S. 455 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 19, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, BY ADDING SECTION 59-19-350 SO AS TO AUTHORIZE EACH SCHOOL BOARD TO ESTABLISH A PROGRAM PERMITTING LEGAL RESIDENTS OF SOUTH CAROLINA AND THE DISTRICT WHO HAVE ATTAINED SIXTY YEARS OF AGE TO ATTEND HIGH SCHOOL CLASSES ON A SPACE AVAILABLE BASIS, TO PROVIDE FOR THE PAYMENT OF MATERIALS COSTS, AND TO PROVIDE THAT THE BOARD SHALL DEVELOP A POLICY TO INCORPORATE THE SENIOR CITIZENS ATTENDING HIGH SCHOOL CLASSES AND

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

S. 456 (Word version) -- Senators Setzler, Wilson, Giese, Courson and Patterson: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY AS A RESOURCE FOR ALL PUBLIC SCHOOLS IN THE STATE, TO PROVIDE FOR A GOVERNING BOARD FOR THE SCHOOL, AND TO PROVIDE FOR THE MANNER THE SCHOOL IS ESTABLISHED, OPERATED, AND FUNDED.
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Read the first time and referred to the Committee on Education.

S. 457 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 22-3-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO ISSUE A SUMMONS AND COMPEL THE APPEARANCE OF A WITNESS WHO RESIDES IN THE COUNTY, SO AS TO EXTEND THE MAGISTRATE'S AUTHORITY TO ISSUE A SUMMONS TO APPEAR FOR A WITNESS WHO RESIDES IN A NEIGHBORING COUNTY WITHIN FIFTY MILES OF THE COUNTY LINE.
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Read the first time and referred to the Committee on Judiciary.

S. 458 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE PUBLIC BODIES WHICH MAINTAIN AN INTERNET WEBSITE TO POST THE NOTICE OF THE REGULAR, CALLED, SPECIAL, OR RESCHEDULED MEETINGS ON THE SITE AND TO PROVIDE TIME FRAMES; AND TO AMEND SECTION 30-4-90, RELATING TO MINUTES OF MEETINGS OF PUBLIC BODIES, SO AS TO REQUIRE PUBLIC BODIES WHICH MAINTAIN AN INTERNET WEBSITE TO POST THE MINUTES WITHIN FIVE DAYS AFTER THEY ARE ADOPTED AND TO

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

S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 460 (Word version) -- Senators Land and Giese: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MANDATORY USE OF SEAT BELTS IN AUTOMOBILES, SO AS TO REQUIRE ALL PERSONS REGARDLESS OF AGE TO WEAR A SEAT BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM AS APPROPRIATE, TO MAKE CONFORMING CHANGES, TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS FOR OCCUPANTS SEVENTEEN YEARS OF AGE OR YOUNGER, TO INCREASE THE FINE, AND TO IMPOSE THE FINE ON THE DRIVER OF THE VEHICLE IF AN OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER IS NOT WEARING A SEAT BELT OR SECURED IN A CHILD RESTRAINT SYSTEM.
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Senator GIESE spoke on the Bill.

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

S. 461 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS

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

S. 462 (Word version) -- Senators Fair, Leatherman, Wilson, Grooms, Verdin, Ritchie, Ravenel, Bauer, Waldrep, Hayes, Ryberg, Peeler, Giese, Martin and Branton: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 89 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "CHOOSE LIFE" SPECIAL LICENSE PLATES AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING CRISIS PREGNANCY SERVICES.
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Senator FAIR spoke on the Bill.

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

H. 3702 (Word version) -- Reps. Govan, Ott, Stuart, Cobb-Hunter, Sharpe, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AT THE DEATH OF ORANGEBURG

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

Senator FORD from the Committee on Judiciary submitted a favorable with amendment report on:

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis and Branton: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

Ordered for consideration tomorrow.

Senator RICHARDSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 338 (Word version) -- Senators Richardson, Ford, Elliott, Mescher, McConnell, Ritchie, Ryberg, Martin, Wilson, Gregory and Verdin: A BILL TO AMEND SECTION 2-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF LOBBYISTS AND TERMINATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST REMAINS REGISTERED; AND TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPALS AND TERMINATION OF AUTHORIZATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S PRINCIPAL'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL REMAINS REGISTERED.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Ordered for consideration tomorrow.

S. 450 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO REVEREND DOCTOR WESTBERRY HOMER NEAL, PASTOR OF ST. JOHN BAPTIST CHURCH IN THE TOWN OF HOPKINS IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE CITIZENS OF HIS COMMUNITY AND OUR STATE.

Returned with concurrence.

Received as information.

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

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

H. 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

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

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.

S. 317 (Word version) -- Senators Gregory and Peeler: A BILL TO AMEND SECTION 50-11-2570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF SPECIAL PERMITS TO CAPTURE DESTRUCTIVE ANIMALS, SO AS TO PROVIDE THAT A PERSON TAKING A FURBEARING ANIMAL UNDER THE AUTHORITY OF A DEPREDATION PERMIT MAY DISPOSE OF THE ANIMAL COMMERCIALLY IF THE PERSON TAKING THE ANIMAL HAS A VALID COMMERCIAL FUR LICENSE AND THE PELT OF THE ANIMAL IS TAGGED AS REQUIRED BY LAW, AND TO PROVIDE THAT A PERSON TAKING FURBEARING ANIMALS UNDER THE AUTHORITY OF A DEPREDATION PERMIT MUST REPORT THE NUMBER AND TYPE OF ANIMALS TAKEN TO THE FURBEARER BIOLOGIST OF THE DIVISION OF WILDLIFE AND FRESHWATER FISHERIES OF THE DEPARTMENT OF NATURAL RESOURCES WITHIN TWENTY-ONE DAYS OF THE EXPIRATION OF THE PERMIT.

S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT

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

Senators RAVENEL and ELLIOTT proposed the following amendment (87R001.AR), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator RAVENEL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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 AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR.

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

Senators REESE and LAND proposed the following amendment (163R001.GGR), which was adopted:

Amend the bill, as and if amended, page 1, line 33, by striking forty-five and inserting   /     fifty     /

Amend the bill further, as and if amended, page 1, line 36, by striking forty-five   and inserting   /     fifty       /

Amend the bill further, as and if amended, page 2, line 16, by striking forty-five   and inserting   /     fifty       /

Amend the bill further, as and if amended, page 2, line 19, by striking forty-five   and inserting /     fifty     /

Amend the bill further, as and if amended, page 1, line 20, by striking FORTY-FIVE   and inserting   /     FIFTY     /

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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 third reading of the Bill.

Senator LEVENTIS proposed the following amendment (LEVENTIS-8), which was adopted:

Amend the bill, as and if amended, by striking lines 39-42 and inserting the following:

of the sale or lease. However, when a school district does not have fiscal autonomy, the school trustees must first obtain approval from the appropriate local governing body."

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

At 3:16 P.M., the PRESIDENT assumed the Chair.

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 447 (Word version) -- Senators Grooms, Mescher, Branton and Passailaigue: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE THAT THERE IS NO OPEN SEASON IN THE REDIVERSION CANAL FROM ST. STEPHEN DAM SEAWARD TO THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL, AND TO FURTHER PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS IN THE REDIVERSION CANAL FROM THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL SEAWARD TO THE SANTEE RIVER.

By prior motion of Senator GROOMS

S. 443 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FORMS OF PRACTICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2575, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 444 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE APPRAISERS BOARD, RELATING TO PRACTICES OF REAL ESTATE APPRAISERS, MASS APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 445 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 446 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR LICENSE RENEWAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

Senator RANKIN proposed the following amendment (JUD0092.005), which was adopted:

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

/   SECTION   ___.   Section 62-3-801 of the 1976 Code is amended to read:

"Section 62-3-801.   (a)   Unless notice has already been given under this section, a personal representative upon his appointment shall must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight four months after the date of the first publication of the notice or be forever barred.

(b)   A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within eight four months from the published notice as provided in (a) above, or within sixty days from the mailing or other delivery of such the notice, whichever is later, or be forever barred. Written notice is the notice described in (a) above or a similar notice.

(c)   The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section."   /

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

/   SECTION   ___.   Section 62-3-802 of the 1976 Code is amended to read:

"Section 62-3-802.   (a)   Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

(b)   The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the eight four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.   (c)   For purposes of any statute of limitations, the proper presentation of a claim under Section 62-3-804 is equivalent to commencement of a proceeding on the claim."     /

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

/   SECTION   ___.   Section 62-3-803 of the 1976 Code is amended to read:

"Section 62-3-803.   (a)   All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates:

(1)   one year after the decedent's death; or

(2)   within the time provided by Section 62-3-801(b) for creditors who are given actual notice, and within the time provided in Section 62-3-801(a) for all creditors barred by publication; provided however, claims barred by the nonclaim statute at the decedent's domicile before the giving of notice to creditors barred in this State are also barred in this State.

(b)   All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1)   a claim based on a contract with the personal representative within eight four months after performance by the personal representative is due;

(2)   any other claim, within the later of eight four months after it arises, or the time specified in subsection (a)(1).

(c)   Nothing in this section affects or prevents:

(1)   any proceeding to enforce any mortgage, pledge, lien, or other security interest upon property of the estate; or

(2)   to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or

(3)   collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

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

S. 263 (Word version) -- Senator Gregory: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 521 AND HIGHWAY 9 BYPASS, FROM ITS BEGINNING AT THE INTERSECTION OF THE BYPASS AND HIGHWAY 521 SOUTHEAST OF THE TOWN OF LANCASTER TO THE INTERSECTION OF HIGHWAY 9 AND THE CHESTER COUNTY LINE AT THE CATAWBA RIVER BRIDGE, THE "VETERANS MEMORIAL HIGHWAY" IN HONOR OF THE VETERANS OF LANCASTER COUNTY AND AS A TOKEN OF APPRECIATION FOR THEIR FAITHFUL SERVICE TO THEIR STATE AND NATION, AND REQUEST THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

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

H. 3190 (Word version) -- Reps. Keegan, Barfield, Edge, Kelley, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 544 RUNNING FROM THE HIGHWAY 501 BYPASS IN CONWAY TO HIGHWAY 17 BUSINESS IN SURFSIDE THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL DENNIS LYDEN, WHO WAS KILLED IN THE LINE OF DUTY ON JUNE 5, 2000, WHILE MAKING A TRAFFIC STOP THERE, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL LYDEN'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND HORRY COUNTY.

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

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 EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES, RETIREMENT ALLOWANCES AND CONTRIBUTIONS ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO, AND TO PROVIDE THAT MONIES DERIVED FROM A PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY ARE NOT SUBJECT TO SECTION 8-1-115; TO AMEND SECTION 9-8-190, SECTION 9-9-180, AND SECTION 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX

On motion of Senator PEELER, with unanimous consent, the Bill was carried over.

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

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.

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

Senator SHORT spoke on the Bill.

At 3:22 P.M., Senator MARTIN assumed the Chair.

Senator SHORT spoke on the Bill.

At 3:55 P.M., Senator DRUMMOND moved that the Senate stand adjourned.

A roll call vote was ordered.

On motion of Senator DRUMMOND, with unanimous consent, the motion to adjourn was withdrawn.

Senator SHORT continued speaking on the Bill.

At 4:00 P.M., the PRESIDENT assumed the Chair.

Senator SHORT continued speaking on the Bill.

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

Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2002

Research Institutions

Margaret M. Addison, 1130 Lowell St., Holly Hill, S.C. 29059 VICE Lawrence M. Gressette, Jr.

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

At-Large

Ronald M. Davis, 115 LaPort Drive, Greenwood, S.C. 29649 VICE Francis E. Grier

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1999, and to expire April 1, 2004

At-Large

Westley Darrell McAllister, 100 Main Street, Mt. Carmel, S.C. 29840-0100

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2000, and to expire June 30, 2003

At-Large

Patrick R. VanHuss, 157 Crown Lake Drive, Hopkins, S.C. 29061 VICE John B. Heaton

Having received a favorable report from the General Committee, the following appointments were confirmed in open session:

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina with term coterminous with Governor

County Officer

Alan Richard Roberts, 817 Doulton Lane, Goose Creek, S.C. 29445 VICE Clarence T. McGee

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina with term coterminous with Governor

Veterans Organization

Charles R. Simmons, 202 Glassy Mountain Street, Pickens, S.C. 29671 VICE Milford Forrester

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005

At-Large - Co-op

Patrick Theodore Allen, 145 East Selwood Lane, Columbia, S.C. 29212 VICE Lewis L. Harrison

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

4th Congressional District

Gloria Webb Close, Ed.D., 685 Otis Boulevard, Spartanburg, S.C. 29302 VICE Jean A. Moore

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1995, and to expire May 19, 2002

5th Congressional District

Laura Fleming, Founders Federal Credit Union, 607 North Main Street, Lancaster, S.C. 29720 VICE Larry L. Bigham

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006

1st Congressional District

Rev. Willie Givens, 82 Brisbane Drive, Charleston, S.C. 29407 VICE Alec B. McLeod - moved to At-Large

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

At-Large

Ms. Barbara W. Grissom, Director of Victim Services, SC Department of Corrections, P. O. Box 21787, Columbia, S.C. 29221 VICE Gerald A. Smauldon

Reppointment, South Carolina Crime Victims' Advisory Board, with term to commence September 1, 1996, and to expire September 1, 2001

Domestic Violence

Dean G. Kilpatrick, Medical University of South Carolina, 171 Ashley Ave., Charleston, S.C. 29425

Reappointment, South Carolina Crime Victims' Advisory Board, with term to commence September 1, 2001, and to expire September 1, 2006

Domestic Violence

Dean G. Kilpatrick, Medical University of South Carolina, 171 Ashley Ave., Charleston, S.C. 29425

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005

3rd Congressional District

Joe Turner, First Sun Management Corp., P.O. Box 392, Clemson, S.C. 29633 VICE Claude V. Marchbanks

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 1998, and to expire June 30, 2002

1st Congressional District

Patricia Plyer Watts, 4505 Fulton Place, Wachesaw Plantation, Murrells Inlet, S.C. 29576 VICE Thomas Alexander Givens

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1994, and to expire May 19, 2001

Georgetown County

James W. Wooten, 4807 Lily Pond Drive, Murrells Inlet, S.C. 29576 VICE Johnny J. Young

Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008

Georgetown County

James W. Wooten, 4807 Lily Pond Drive, Murrells Inlet, S.C. 29576

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2000, and to expire July 27, 2003

5th Congressional District

Nathaniel Anderson Barber, 1644 Nicholson Avenue, Rock Hill, S.C. 29732 VICE Terry B. Wiley

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1997, and to expire November 27, 2001

LBSW

Cassandra J. Brunson, 1330 Saxony Way, Florence, S.C. 29506 VICE Yvonne C. Stewart

Reappointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2001, and to expire November 27, 2005

LBSW

Cassandra J. Brunson, 1330 Saxony Way, Florence, S.C. 29506

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Nuclear Power

Stephen Andrew Byrne, SCE&G, VC Summer Nuclear Station, Jenkinsville, S.C. 29065

Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2000, and to expire September 30, 2003

Therapist

Mario Francisco Canelon, 1307 Cabrilo Drive, Florence, S.C. 29505

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

1st Congressional District

Chester A. Duke, 1644 South Waccamaw Drive, Garden City, S.C. 29576

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Environmental Protection

Carolyn Brauer Hudson, Ph.D., 115 Arcadia Springs Circle, Columbia, S.C. 29206

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2000, and to expire August 15, 2004

At-Large

John Sterling Long, First Federal of Cheraw, P.O. Box 512, Cheraw, S.C. 29520 VICE Raymond A. Harris

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

At-Large

Toni Anita Masters, 16 Brookway Drive, Greenville, S.C. 29605

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Nuclear-Other

Benard "Ben" Clements Rusche, MTR, Inc., 10 Chicorana Road, Columbia, S.C. 29169

Reappointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2000, and to expire May 31, 2003

General Public

Charles B. Stone, Stone & Associates, 308 West Earle Street, Greenville, S.C. 29609

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

At-Large - Chairman

John Joseph Stucker, Ph.D., 911 Laurens Street, Columbia, S.C. 29201

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2000, and to expire August 15, 2004

At-Large

Andrew Nick Theodore, Goldsmith-Theodore Agency, Inc., 1700 Laurel Street, Columbia, S.C. 29201 VICE J. Randolph Ayers

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 1998, and to expire June 1, 2002

Public

James G. Bouknight, 857 Abelia Road, Columbia, S.C. 29205 VICE Yvonne B. Williams

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003

At-Large

Kathy G. Schwarting, 409 North Street, Bamberg, S.C. 29003 VICE Anita C. Curl

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 1999, and to expire June 30, 2003

3rd Congressional District

Louisiana Wright, 1112 Residence Drive, Aiken, S.C. 29801 VICE Rodney L. Grandy

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

Initial Appointment, York County Natural Gas Authority, with term to commence March 1, 2001, and to expire March 1, 2004

Tega Cay

Ellen Weir, 7016 Chelsea Day Lane, Tega Cay, S.C. 29708 VICE Edgar S. Weaver

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

Reappointment, Kershaw County Master-in-Equity, with term to commence June 30, 2001, and to expire June 30, 2007

Jeffrey Marc Tzerman, P.O. Box 1317, Camden, S.C. 29020

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. R. L. "Bob" Hendricks of Conway, S.C., who passed away on February 24, 2001.

At 4:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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