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

Printed Page 936 . . . . . Thursday, March 15, 2001

Thursday, March 15, 2001
(Statewide Session)

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, you will be interested to know that even Moses and Aaron had a hard time being the leaders of their people in the wilderness. The Book of Numbers, Chapter 14:1ff., The Living Bible rendering:

"Then all the people began weeping aloud, and they carried on all night. Their voices rose in a great chorus of complaint against Moses and Aaron. 'We wish we had died in Egypt,' they wailed, 'or even here in the wilderness...' The idea swept the camp. 'Let's elect a leader to take us back to Egypt!' they shouted."
Let us pray.

O God of the Ages and our God, we are acutely sensitive to the magnitude of our responsibilities as leaders-servants of our public in our system of government.

We have a key relationship for decision-making between the House and our Governor. Sometimes our public doesn't quite understand how we are linked together!

Give our public patience with us and us patience with them... and with each other!

Help us all to do a good job for our State!
Amen.

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

Doctor of the Day

Senator WILSON introduced Dr. Thomas E. Gibbons of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

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Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate stands adjourned on Tuesday, March 20, 2001, it stand adjourned to meet at 11:20 A.M., on Wednesday, March 21, 2001, for the sole purpose of attending the Joint Assembly, and at the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.,   at which time the Senate would convene in Statewide Session for the regular Order of Business.

There was no objection and the motion was adopted.

Motion Adopted

On motion of Senator MOORE, 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.

CO-SPONSORS ADDED

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.

On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of S. 462.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 462.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 462.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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S. 463 (Word version) -- Senators Land, McGill, Grooms and Branton: 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 FOR SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
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Read the first time and referred to the Committee on Education.

H. 3709 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL VIKINGS BOYS BASKETBALL TEAM ON WINNING THE CLASS A STATE CHAMPIONSHIP.

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

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H. 3712 (Word version) -- Reps. M. Hines, Coates, J. Hines and McGee: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE BYRNES ACADEMY VARSITY FOOTBALL TEAM OF FLORENCE WHO WON THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP AND TO WISH THEM MUCH SUCCESS IN THE FUTURE

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

H. 3713 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO MARK THE PASSING OF THE LATE DR. HARRY ODELLE HARMAN, SR., FORMERLY OF LEXINGTON WHO DEPARTED THIS LIFE ON JANUARY 11, 1969, TO FONDLY RECALL HIS MANY PERSONAL ACCOMPLISHMENTS AND HIS TREMENDOUS CONTRIBUTION TO HIS COMMUNITY, HIS NATIVE STATE, AND THE NATION IN BUSINESS AND AS A DISTINGUISHED LEADER IN THE FIELD OF EDUCATION AND TO JOIN WITH HIS FAMILY AND MANY FRIENDS IN REMEMBERING AND CELEBRATING THE LIFE AND SERVICE OF THIS DISTINGUISHED SOUTH CAROLINIAN AND GREAT AMERICAN.

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

H. 3723 (Word version) -- Reps. J. E. Smith and Lourie: A CONCURRENT RESOLUTION CONGRATULATING JOY E. SOVDE UPON RECEIVING THE MARIAN WRIGHT EDELMAN AWARD PRESENTED BY THE SOUTH CAROLINA ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S CHILDREN.

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

H. 3724 (Word version) -- Reps. Rodgers, Gilham and Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE THE BEAUFORT COUNTY YMCA ON THE CELEBRATION OF THE ONE HUNDRED

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FIFTIETH ANNIVERSARY OF THE YMCA MOVEMENT AND THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ACKNOWLEDGE WITH GREAT PRIDE THE NOBLE EFFORTS AND POSITIVE IMPACT OF THE ORGANIZATION IN BEAUFORT COUNTY.

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

REPORTS OF STANDING COMMITTEES

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 156 (Word version) -- Senators Leventis, Glover, Ford, Thomas and Reese: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH, AMONG OTHER THINGS, ESTABLISHES REQUIREMENTS, CRITERIA, AND PROCEDURES FOR THE ESTABLISHMENT OF PRIORITY AGRICULTURAL LAND AREAS AND THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING AND ENHANCING AGRICULTURAL AND FOREST LANDS AS A VIABLE SEGMENT OF THE STATE'S ECONOMY; WHICH PROVIDES FOR COMPENSATION OF LANDOWNERS FOR RELINQUISHMENT OF THE RIGHT TO DEVELOP PRIVATE PROPERTY; WHICH ESTABLISHES THE STATE PRIORITY AGRICULTURAL LAND BOARD WITHIN THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER A PROGRAM TO DISBURSE FUNDS FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, AND TO PROVIDE FOR ITS MEMBERS AND THEIR POWERS AND DUTIES; AND WHICH AUTHORIZES COUNTY COUNCILS TO ESTABLISH COUNTY PRIORITY AGRICULTURAL LAND BOARDS AND TO PROVIDE FOR THEIR POWERS AND DUTIES.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 297 (Word version) -- Senators Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin and Ryberg: A BILL TO AMEND TITLE 48,

Printed Page 941 . . . . . Thursday, March 15, 2001
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 PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 451 (Word version) -- Senators Giese, Martin and Alexander: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 21, 2001, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO

Printed Page 942 . . . . . Thursday, March 15, 2001
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.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.

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

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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. 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

Printed Page 944 . . . . . Thursday, March 15, 2001

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

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie: 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.

The Committee on Judiciary proposed the following amendment (JUD0060.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and adding appropriately numbered SECTIONS to read:

/   SECTION   2.   Section 16-25-65 of the 1976 Code is amended to read:

"Section 16-25-65.   (A)   The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.

It is unlawful to: (1) cause great bodily injury to a person's own household member, or (2) offer or attempt to cause great bodily injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

(B)   A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor violates the provisions of subsection (A) is guilty of the offense of criminal domestic violence of a high and aggravated nature, a felony, and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both.

(C)   The provisions of this section create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."

SECTION   3.   The repeal or amendment by this act of any law, whether temporary or permanent, civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter,

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discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision expressly so provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senators HUTTO and HAYES proposed the following amendment (GGS\22910CM01), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately number section:

/ SECTION   _____.   Section 16-25-70(H) of the 1976 Code, as last amended by Act 120 of 1997, is further amended to read:

"(H) no evidence other than evidence of violations of this article found as a result of a warrantless search is admissible in a court of law. Any evidence of a crime that is in plain view of a law enforcement officer within the room in which the officer is interviewing, detaining, or pursuing a suspect as a result of a complaint filed under this section, may be seized by the officer who may arrest and file criminal charges against the suspect for any crime that arises from the evidence. No evidence of a crime, other than evidence of a violation of this article or evidence found in plain view, found as a result of a warrantless search is admissible in any court of law." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Printed Page 946 . . . . . Thursday, March 15, 2001

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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.

The Committee on Judiciary proposed the following amendment (JUD3303.001), which was adopted:

Amend the bill, as and if amended, on page 1, line 25, as contained in SECTION 1, by striking line 25 in its entirety and inserting therein:
/Act No. 129 of 1999 (H. 3677 of 1999), having been submitted to
the /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

CARRIED OVER

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

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AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.

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

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.

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

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

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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 MALEFICIO; AND TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION.

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

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

DEBATE INTERRUPTED

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

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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.

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

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George Curtis Johnson of Conway, S.C., who passed away on February 24, 2001.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 16, 2001, it stand adjourned to meet next Tuesday, March 20, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:05 P.M., on motion of Senator MARTIN, 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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