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

Printed Page 985 . . . . . Thursday, March 22, 2001

Thursday, March 22, 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, we have an interesting insight about money in Ecclesiastes 7:11 (Living Bible paraphrased):

"To be wise is as good as being rich; in fact, it is better. You can get anything by either wisdom or money, but being wise has many advantages."
Let us pray.

Our Father, we know also that money is a tool for the distribution of many forms of needs for the young and the old in our common life.
We need wisdom to set priorities. We face many conflicting calls and demands!

Help us distribute our resources in such a way that none suffer!
Amen.

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

Message from the House

Columbia, S.C., March 21, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Printed Page 986 . . . . . Thursday, March 22, 2001
Very respectfully,
Speaker of the House

Received as information.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2603
Agency: Department of Education 59-18-320
SUBJECT: End-of-Course Tests
Received by Lieutenant Governor March 21, 2001
Referred to Education Committee
Legislative Review Expiration July 19, 2001 (Subject to Sine Die Revision)

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2533
Agency: South Carolina Law Enforcement Division
SUBJECT: Criminal Justice Information System
Received by Lieutenant Governor January 29, 2001
Referred to Judiciary Committee
Legislative Review Expiration June 27, 2001 (Revised)
Subject to Sine Die Revision
120 Day Period Tolled
Withdrawn and Resubmitted March 22, 2001

Doctor of the Day

Senator GIESE introduced Dr. Thomas Rowland of Columbia, S.C., Doctor of the Day.

CO-SPONSOR ADDED

S. 261 (Word version) -- Senators Reese, Verdin and Bauer: 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

Printed Page 987 . . . . . Thursday, March 22, 2001
APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW-ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO
Printed Page 988 . . . . . Thursday, March 22, 2001
POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

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

RECALLED AND ADOPTED

H. 3584 (Word version) -- Reps. McLeod, Koon, Ott, Rhoad, Bowers, Frye, Harvin, Jennings, Littlejohn, Riser, Sharpe, Snow, Stuart, Webb, Witherspoon, Coleman, Delleney, Harrison, Lucas and Sheheen: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO EXTEND THE CURRENT UNITED STATES - CANADA SOFTWOOD LUMBER AGREEMENT SCHEDULED TO EXPIRE MARCH 31, 2001, IN ORDER TO MAINTAIN AND ENCOURAGE OPEN AND COMPETITIVE SALES OF TIMBER.

Senator WALDREP asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

The Concurrent Resolution was recalled.

Senator WALDREP asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

Senator WALDREP asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 473 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MRS. SHIRLEY PERRY PADGETT, VICE PRESIDENT OF LEXINGTON MEDICAL CENTER, FOR HER

Printed Page 989 . . . . . Thursday, March 22, 2001
MORE THAN THIRTY-TWO YEARS OF DISTINGUISHED SERVICE UPON THE OCCASION OF HER RETIREMENT.
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The Senate Resolution was adopted.

S. 474 (Word version) -- Senators Land, Saleeby, Setzler, Drummond, Moore, Pinckney, O'Dell, Short, Anderson, Reese, Patterson, Hutto, Ford and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, A FULL-TIME SCHOOL NURSE IS REQUIRED FOR AND SHALL BE ON THE PREMISES OF EVERY ELEMENTARY OR SECONDARY PUBLIC SCHOOL IN THIS STATE DURING REGULAR SCHOOL HOURS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT SHALL BE PROVIDED.
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Read the first time and referred to the Committee on Education.

S. 475 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICERS AND FULL-TIME FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
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Read the first time and referred to the Committee on Finance.

S. 476 (Word version) -- Senators Peeler, Land, McConnell, Alexander, Bauer, Giese, Matthews, Patterson, Glover, Branton, Drummond, Elliott, Ford, Grooms, Hawkins, Holland, Hutto, Mescher, O'Dell, Pinckney, Rankin, Ravenel, Reese, Saleeby, Waldrep and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A

Printed Page 990 . . . . . Thursday, March 22, 2001
GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 477 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1525 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS ORDERED BY THE COURT THE CHILD HAS A LEGAL RESIDENCE WITH EACH PARENT AND TO PROHIBIT EITHER PARENT FROM CHANGING THE CHILD'S LEGAL RESIDENCE TO A LOCATION MORE THAN ONE HUNDRED MILES FROM THE CHILD'S LEGAL RESIDENCE WITH THE OTHER PARENT, TO AUTHORIZE THE COURT TO ALLOW A CHANGE IN THE CHILD'S LEGAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.
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Read the first time and referred to the Committee on Judiciary.

S. 479 (Word version) -- Senators Ryberg, Courson, Martin, Fair, Wilson, Peeler, Richardson and Hawkins: A BILL TO AMEND ARTICLE 9, CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS AND JUDGMENTS AS CIVIL REMEDIES, BY ADDING SECTION 15-35-890 SO AS TO PROVIDE A LIEN ON REAL AND PERSONAL PROPERTY OF A PERSON WHO KNOWINGLY FALSELY REPORTS A CRIME TO LAW ENFORCEMENT THAT CAUSES A LAW ENFORCEMENT

Printed Page 991 . . . . . Thursday, March 22, 2001
AGENCY TO EXPEND PUBLIC FUNDS FOR THE UTILIZATION OF SPECIALIZED EQUIPMENT WHICH WOULD NOT HAVE BEEN EXPENDED EXCEPT FOR THE FALSE REPORT, TO PROVIDE A LIEN ON THE REAL AND PERSONAL PROPERTY OF A PERSON WHO, THROUGH A CRIMINAL ACT, CAUSES A LAW ENFORCEMENT AGENCY TO EXPEND PUBLIC FUNDS FOR THE UTILIZATION OF SPECIALIZED EQUIPMENT DURING THE INVESTIGATION OF THE CRIMINAL ACT, TO PROVIDE THAT THE PRESIDING JUDGE MAY DETERMINE THE REIMBURSEMENT AMOUNT BASED ON A FEDERAL SCHEDULE AND MAY ORDER FULL OR PARTIAL REIMBURSEMENT, INCLUDING AN INDETERMINATE SENTENCE OF INCARCERATION OR PROBATION UNTIL REIMBURSEMENT IN FULL IS MADE, TO PROVIDE THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE THIS LIEN, AND TO PROVIDE AN EXCEPTION TO EXECUTION ON THIS LIEN FOR THE PERSON'S HOMESTEAD.
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Read the first time and referred to the Committee on Judiciary.

S. 480 (Word version) -- Senators Jackson, Ryberg and Wilson: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER CONVENING OF THE ANNUAL SESSION OF THE GENERAL ASSEMBLY, THE GENERAL ASSEMBLY SHALL MEET IN REGULAR SESSION ONLY FOR A PERIOD OF NINETY CONSECUTIVE CALENDAR DAYS, SHALL ADJOURN SINE DIE NOT LATER THAN 5:00 P.M. ON THE NINETIETH DAY, TO DELETE THE PROVISIONS WHICH AUTHORIZE THE GENERAL ASSEMBLY TO EXTEND THE SINE DIE ADJOURNMENT DATE, AND TO DESIGNATE EACH WEDNESDAY THE GENERAL ASSEMBLY IS IN SESSION AS CITIZENS' DAY AT WHICH TIME THE GENERAL ASSEMBLY SHALL MEET AT 7:00 P.M.
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Senator JACKSON spoke on the Bill.

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

Printed Page 992 . . . . . Thursday, March 22, 2001

S. 481 (Word version) -- Senators Holland and McConnell: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1710, RELATING TO PENALTIES UPON CONVICTION FOR HARASSMENT WITHIN SEVEN YEARS OF A PRIOR CONVICTION OF HARASSMENT OR STALKING, SO AS TO CLARIFY THE LANGUAGE OF THE SECTION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1730, RELATING TO PENALTIES UPON CONVICTION OF AGGRAVATED STALKING, SO AS TO INCREASE THE MAXIMUM PENALTY; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO AMEND SECTION 16-3-1770, RELATING TO FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
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Read the first time and referred to the Committee on Judiciary.

Printed Page 993 . . . . . Thursday, March 22, 2001

S. 482 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-120 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REQUIRE AN INDUSTRIAL FACILITY LOCATED IN A RESIDENTIAL AREA TO CEASE OPERATION IF IT IS DETERMINED THAT THE FACILITY IS NEGLIGENT IN DISPOSING OF WASTE AND INDUSTRIAL BYPRODUCTS AND CAUSES HARM TO PERSONS RESIDING IN THE AREA.
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Read the first time and referred to the Committee on Medical Affairs.

S. 483 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO REQUIRE A PERSON PETITIONING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR A PUBLIC HEARING ON AN APPLICATION FOR AN ONSITE WASTEWATER SYSTEM IN A NEW SUBDIVISION TO RESIDE OR OWN PROPERTY WITHIN FIVE HUNDRED YARDS OF THE SUBDIVISION AND MUST STATE HOW THE APPROVAL OF THE WASTEWATER SYSTEM WOULD NEGATIVELY IMPACT HIM.
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Read the first time and referred to the Committee on Medical Affairs.

S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND FOUR-YEAR STATE SUPPORTED INSTITUTIONS OF HIGHER

Printed Page 994 . . . . . Thursday, March 22, 2001
EDUCATION, AND TECHNICAL COLLEGES; AND TO REPEAL, EFFECTIVE JULY 1, 2002, THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
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Read the first time and ordered placed on the Calendar without reference.

S. 485 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 90, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, BY ADDING SECTIONS 38-90-250, 38-90-260, AND 38-90-265 SO AS TO PROVIDE FOR AUTHORITY AND MINIMUM REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY WRITING WORKERS' COMPENSATION INSURANCE; TO AMEND SECTION 38-90-20, RELATING TO AUTHORITY OF A CAPTIVE INSURANCE COMPANY, SO AS TO DELETE THE EXCLUSION OF AUTHORITY FOR WRITING WORKERS' COMPENSATION INSURANCE; AND TO AMEND SECTION 38-90-140, RELATING TO PAYMENT OF TAXES ON COLLECTED PREMIUMS, SO AS TO PROVIDE FOR A TAX ON WORKERS' COMPENSATION PREMIUMS AT A RATE OF ONE PERCENT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 486 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-95 SO AS TO PROVIDE THAT A STUDENT REQUIRED TO HAVE A PHYSICAL EXAMINATION IN ORDER TO PARTICIPATE IN SCHOOL ATHLETIC PROGRAMS MAY HAVE THE EXAMINATION CONDUCTED BY A CHIROPRACTOR.
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Read the first time and referred to the Committee on Education.

S. 487 (Word version) -- Senators Reese, Matthews, Patterson, Ford and Glover: A BILL TO AMEND SECTION 59-65-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS DEFINING LAWFUL AND UNLAWFUL STUDENT ABSENCES, SO AS TO DEFINE LAWFUL ABSENCE AS ONE IN WHICH THE

Printed Page 995 . . . . . Thursday, March 22, 2001
STUDENT SUBMITS A WRITTEN EXCUSE OR PERMISSION FROM THE STUDENT'S PARENT OR GUARDIAN AND AN UNLAWFUL ABSENCE AS ONE IN WHICH THE STUDENT DOES NOT SUBMIT A WRITTEN EXCUSE OR PERMISSION FROM THE STUDENT'S PARENT OR GUARDIAN, TO AUTHORIZE EIGHT LAWFUL ABSENCES AND TWELVE UNLAWFUL ABSENCES, AND TO REQUIRE THE DISTRICT BOARD OF TRUSTEES OR ITS DESIGNEE TO APPROVE OR DISAPPROVE ABSENCES IN EXCESS OF TWENTY DAYS.
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Read the first time and referred to the Committee on Education.

S. 488 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.
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Read the first time and referred to the Committee on Judiciary.

S. 489 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.
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Read the first time and referred to the Committee on Judiciary.

S. 490 (Word version) -- Senators Wilson, Ryberg, Setzler and Bauer: A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF PROPERTY, BY ADDING SECTION 16-11-705 SO AS TO

Printed Page 996 . . . . . Thursday, March 22, 2001
PROVIDE FOR DEFINITIONS OF "FEDERAL ENVIRONMENTAL LAW" AND "STATE ENVIRONMENTAL LAW"; TO PROVIDE THAT A PERSON WHO KNOWINGLY, INTENTIONALLY, OR RECKLESSLY VIOLATES ANY PROVISION OF A FEDERAL ENVIRONMENTAL LAW OR OF A STATE ENVIRONMENTAL LAW WHOSE ACTIONS, ERRORS, OR OMISSIONS IN VIOLATION OF AN ENVIRONMENTAL LAW CAUSES OR CONTRIBUTES TO CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE OR CAUSES OR CONTRIBUTES TO HARM, INJURY, ILLNESS, OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 491 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-60, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR CRIMINAL RECORD SEARCHES CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, COMMUNITY RESIDENTIAL CARE FACILITY, AN ADULT OR CHILD DAYCARE CENTER, A CHARITABLE ORGANIZATION, OR A BONA FIDE MENTOR.
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Read the first time and referred to the Committee on Judiciary.

S. 492 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.
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Read the first time and referred to the Committee on Judiciary.

Printed Page 997 . . . . . Thursday, March 22, 2001

S. 493 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHALL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHALL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 494 (Word version) -- Senators Peeler, Gregory and Short: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTAL HEALTH AND TRANSPORTATION OF PERSONS REQUIRING IMMEDIATE CARE SO AS TO REQUIRE THAT COUNTY EMERGENCY MEDICAL PERSONNEL TRANSPORT CERTAIN PERSONS TO A MENTAL HEALTH HOSPITAL IN LIEU OF A LAW ENFORCEMENT OFFICER.
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Printed Page 998 . . . . . Thursday, March 22, 2001

Read the first time and referred to the Committee on Medical Affairs.

S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Transportation.

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION

Printed Page 999 . . . . . Thursday, March 22, 2001
LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
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Read the first time and ordered placed on the Calendar without reference.

MOTION ADOPTED
S. 496 -- Made Adjourned Debate, Committed to
the Committee on Finance

Senator MARTIN asked unanimous consent to make a motion that S. 496 be placed in the status of Adjourned Debate and then be committed to the Committee on Finance, retaining its place on the Calendar.

There was no objection and the motion was adopted.

On motion of Senator MARTIN, with unanimous consent, the Bill was committed to the Committee on Finance.

S. 497 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, SO AS TO AUTHORIZE AN INCOME TAX DEDUCTION BY A CONTRIBUTOR TO THIS PROGRAM; AND TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME SO

Printed Page 1000 . . . . . Thursday, March 22, 2001
AS TO CONFORM THESE PROVISIONS WITH THE DEDUCTION AUTHORIZED IN SECTION 59-4-100.
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Read the first time and referred to the Committee on Finance.

S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO GENERAL DEFINITIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO DIFFERENTIATE BETWEEN A SECURITY INTEREST AND A LEASE; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-4-104 AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 8; TO AMEND SECTION 33-6-260, RELATING TO RESTRICTION ON TRANSFER OR REGISTRATION OF SECURITIES, SO AS TO CONFORM THE REFERENCE TO "SECURITIES"; TO AMEND CHAPTER 9, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING SECURED TRANSACTIONS, SO AS TO, INTER ALIA, EXPAND

Printed Page 1001 . . . . . Thursday, March 22, 2001
THE SCOPE OF THE PROVISIONS TO INCLUDE ADDITIONAL TYPES OF PROPERTY AS COLLATERAL, INCLUDING INVESTMENT SECURITIES FORMERLY ADDRESSED IN CHAPTER 8, AND NEW KINDS OF TRANSACTIONS; TO PROVIDE FOR CLARITY OF METHODS OF PERFECTION AND FOR CENTRALIZED AND ELECTRONIC FILING OF FINANCING STATEMENTS; TO PROVIDE THAT THE LOCATION OF THE DEBTOR DETERMINES THE PLACE OF FILING AND THE EFFECT OF PERFECTION; TO PROVIDE NEW DEFAULT AND ENFORCEMENT RULES FOR DEALING WITH GUARANTORS, NEW KINDS OF PROPERTY, AND SUBORDINATE CREDITORS; TO DISTINGUISH MORE CLEARLY THE TREATMENT OF A CONSUMER TRANSACTION INVOLVING A SECURITY INTEREST AND THE PROTECTIONS AFFORDED A CONSUMER DEBTOR; TO CLARIFY CERTAIN AMBIGUITIES ARISING FROM CONFLICTING JUDICIAL INTERPRETATIONS OF THE APPLICATIONS OF SOME PROVISIONS; TO PROVIDE FOR INCREASED UNIFORMITY IN THE TREATMENT OF SECURED TRANSACTIONS INVOLVING OIL AND GAS AND AGRICULTURE; TO AMEND SECTION 36-1-105, RELATING TO CHOICE OF LAW GENERALLY, SO AS TO CONFORM ITS PROVISIONS TO THE PROVISIONS OF CHAPTER 2A AND THE REVISIONS TO CHAPTER 9; TO REPEAL CHAPTER 6, TITLE 36, RELATING TO BULK TRANSFERS AND TO REPEAL CHAPTER 7, TITLE 35, RELATING TO THE "UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS"; AND TO MAKE THE EFFECTIVENESS OF CHAPTERS 8 AND 9 SIMULTANEOUS ON JULY 1, 2001.
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Read the first time and referred to the Committee on Judiciary.

ACTING PRESIDENT PRESIDES

At 11:39 A.M., Senator McCONNELL assumed the Chair.

H. 3014 (Word version) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A

Printed Page 1002 . . . . . Thursday, March 22, 2001
NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

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

H. 3030 (Word version) -- Reps. Harvin, Littlejohn, Clyburn and McLeod: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".

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

H. 3048 (Word version) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILLTO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES

Printed Page 1003 . . . . . Thursday, March 22, 2001
MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES.

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

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

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

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.

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

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

Printed Page 1004 . . . . . Thursday, March 22, 2001

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

H. 3465 (Word version) -- Reps. Easterday, Allison, Altman, Barrett, G. Brown, Campsen, Cato, Chellis, Coleman, Davenport, Hamilton, Harrison, Haskins, Law, Leach, McLeod, Moody-Lawrence, Rice, Robinson, Sandifer, F.N. Smith, W.D. Smith, Stille, Tripp, Vaughn and A. Young: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.

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

H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.

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

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE

Printed Page 1005 . . . . . Thursday, March 22, 2001
REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

Printed Page 1006 . . . . . Thursday, March 22, 2001

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.

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

H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.

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

H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.

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

H. 3633 (Word version) -- Reps. D.C. Smith and J.R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY

Printed Page 1007 . . . . . Thursday, March 22, 2001
TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.

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

H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

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

H. 3688 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS, ALLOW THE APPLICATION OF AMOUNTS AVAILABLE TO TWO AND FOUR-YEAR COLLEGES AND UNIVERSITIES FOR DEFERRED MAINTENANCE UNDER THESE AUTHORIZATIONS TO BE APPLIED TO CAPITAL PROJECTS AUTHORIZED FOR THESE INSTITUTIONS, SPECIFY ACTIONS OF THE JOINT BOND REVIEW COMMITTEE WITH RESPECT TO THESE BONDS, CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED IN THIS SECTION, TO PROVIDE FOR THE USE OF PROCEEDS OF ANY SALE OF THE PROPERTY OF THE CAROLINA FARMERS' MARKET AND ESTABLISH AN ACCOUNT TO RETAIN SUCH PROCEEDS, TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THESE AUTHORIZATIONS, AND TO AMEND SECTION 11-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES CREDITED TO THAT FUND FOR A FISCAL YEAR ARE DEEMED GENERAL FUND REVENUES FOR THE PURPOSES OF CALCULATING THE STATE'S CONSTITUTIONAL LIMIT ON BONDED INDEBTEDNESS, AND CALCULATING AMOUNTS REQUIRED TO BE CREDITED TO THE GENERAL RESERVE FUND AND CAPITAL RESERVE FUND.

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

Printed Page 1008 . . . . . Thursday, March 22, 2001

H. 3704 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3705 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE AND PALMETTO FELLOWS SCHOLARSHIP APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2514, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3770 (Word version) -- Reps. White, Cooper, Martin, Stille, Thompson and Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MATT RHOTON OF THE HOPEWELL FIRE DEPARTMENT UPON BEING NAMED ANDERSON COUNTY FIREMAN OF THE YEAR FOR 2000.

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

H. 3780 (Word version) -- Reps. Cobb-Hunter, Barrett, Stuart, J. H. Neal, Mack, Townsend, Harvin and Law: A CONCURRENT RESOLUTION TO RECOGNIZE SONNY DUBOSE OF THE SOUTH CAROLINA ENERGY OFFICE FOR HIS TIRELESS COMMITMENT TO PROJECTS WHICH WILL PROVIDE SIGNIFICANT ENVIRONMENTAL AND ECONOMIC BENEFIT FOR OUR STATE AND TO COMMEND HIM, IN PARTICULAR, FOR HIS EFFORTS WHICH HAVE CULMINATED IN SOUTH CAROLINA AND ITS ENERGY OFFICE BEING NAMED "STATE ALLY OF THE YEAR" BY THE LANDFILL METHANE OUTREACH PROGRAM OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.

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

Printed Page 1009 . . . . . Thursday, March 22, 2001

H. 3781 (Word version) -- Rep. Barrett: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JAMES M. BROWN ELEMENTARY SCHOOL OF WALHALLA UPON RECEIVING THE PRESTIGIOUS "CAROLINA FIRST PALMETTO'S FINEST AWARD".

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

H. 3783 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE THAT APRIL 3, 2001, SYMBOLIZES THE DAY ON WHICH THE WAGES PAID TO AMERICAN WOMEN TO THIS DATE IN 2001, WHEN ADDED TO THEIR EARNINGS FOR THE ENTIRE 2000 CALENDAR YEAR, FINALLY EQUAL THE 2000 EARNINGS OF AMERICAN MEN, AND TO DECLARE APRIL 3, 2001, "EQUAL PAY DAY" IN ORDER TO RECOGNIZE THE FULL VALUE OF A WOMAN'S SIGNIFICANT SKILLS AND CONTRIBUTIONS TO THIS NATION'S LABOR FORCE.

Read the first time and referred to the Committee Labor, Commerce and Industry.

H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Introduced and, on motion of Senator GIESE, with unanimous consent, ordered placed on the Calendar without reference.

H. 3795 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "GEORGETOWN

Printed Page 1010 . . . . . Thursday, March 22, 2001
COUNTY PRIDE MONTH" IN ORDER TO COMMEMORATE THE HISTORY, ACHIEVEMENTS, ATTRACTIONS, AND SUCCESS OF GEORGETOWN COUNTY, AND TO RECOGNIZE THE HARD WORK OF THE PEOPLE OF GEORGETOWN COUNTY IN MAKING GEORGETOWN COUNTY A SOURCE OF PRIDE TO ITS PEOPLE AND TO ALL OF SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from PREVENT CHILD ABUSE SC to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 4, 2001, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA POULTRY FEDERATION to attend a reception at the Clarion Town House on Wednesday, April 4, 2001, from 6:00 until 7:30 P.M.

Printed Page 1011 . . . . . Thursday, March 22, 2001

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from PFIZER, INC. to attend a buffet lunch at the Capital City Club on Tuesday, April 10, 2001, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from THE CITADEL ALUMNI ASSOCIATION to attend a barbecue at the Canty Building at the State Fairgrounds on Tuesday, April 10, 2001, from 6:30 until 10:00 P.M.

Printed Page 1012 . . . . . Thursday, March 22, 2001

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator WILSON from the Committee on Transportation submitted a favorable report on:

S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH

Printed Page 1013 . . . . . Thursday, March 22, 2001
CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 356 (Word version) -- Senators McGill, Ravenel and Land: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

Printed Page 1014 . . . . . Thursday, March 22, 2001

S. 424 (Word version) -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THE EAST AND WESTBOUND LANES OF INTERSTATE HIGHWAY 26 BETWEEN MILE MARKER 199 IN BERKELEY COUNTY AND ITS TERMINAL INTERCHANGE WITH UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THAT READ "NO TRUCKS 3 AXLES OR MORE LEFT LANE EXCEPT TO PASS".

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

H. 3098 (Word version) -- Reps. McGee, Altman, Meacham-Richardson, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

H. 3451 (Word version) -- Reps. Robinson, Harvin, McCraw, Quinn, Cooper, Keegan, Carnell, Kirsh, Clyburn, Jennings, Koon, Cobb-Hunter, Rice, Riser, A. Young, Allison, Littlejohn, Kennedy, Limehouse, J.R. Smith, Tripp and Leach: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Printed Page 1015 . . . . . Thursday, March 22, 2001
RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.

Ordered for consideration tomorrow.

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

AMENDED, READ THE THIRD TIME
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

Printed Page 1016 . . . . . Thursday, March 22, 2001
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.

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

Senator McCONNELL proposed the following amendment (SKB\18321SOM01), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.     Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-115.   (A) There is hereby created a general lien upon any public retirement or pension plan not governed by ERISA of any public officer, public employee, or any other person who is convicted of an offense involving embezzlement or misappropriation of public funds or public property to the private use of himself or any other person, to the extent of the total loss, damage, and expense to the State, or to a county or municipality, or to any agency or political subdivision of the State, or to any state, county or municipal agency, any college or university, or to any school, special or public service district within the State, that is authorized by law to perform a governmental function or provide a governmental service.

(B)(1)   The presiding judge before whom any public officer, employee, or any other person is convicted of an offense described in subsection (A) must send to the Attorney General and the appropriate retirement or pension plan system a notice of the lien showing the name of the person convicted whose retirement or pension plan is subject to the lien created by subsection (A) and the date of the conviction, which is the date upon which the lien attaches. The presiding judge must set the lien at the time of conviction and the presiding judge's notice of lien must state the amount of the lien.

Printed Page 1017 . . . . . Thursday, March 22, 2001

(2)   (a) Within ten days of the date of conviction, the convicted person's spouse or representative of the convicted person's minor children may file a petition with the presiding judge requesting the judge to dissolve the lien, in whole or in part, in favor of the spouse or minor children because the spouse or minor children would suffer extreme financial hardship if the lien were to attach. If the petition is filed, the lien is stayed pending a hearing on the petition and the ruling of the judge. Any benefits occurring during the stay accrue to the potential benefit of the spouse and minor children, if the petition is successful, and do not accrue to the benefit of the convicted person. The judge's ruling must be based on clear and convincing evidence that the spouse or minor children would suffer extreme financial hardship were the lien to attach and that the spouse or minor children have not been convicted of the same offense involving the embezzlement of public funds for which the lien was created. To the extent that the lien is dissolved in whole or in part in favor of the spouse or minor children, the appropriate retirement or pension plan system is directed to make payment directly to the spouse or representative of the minor children. The dissolution extends only until the minor children reach majority or the spouse dies or remarries at which time the lien reattaches.

(b)   If the convicted person is divorced and is subject to a Qualified Domestic Relations Order (QDRO) pursuant to Section 9-18-10, et seq., then the lien shall not attach to the alternate payee's portion of the retirement benefit, unless the alternate payee has been convicted of the same offense involving embezzlement of public funds for which the lien was created. The pension plan is directed to make payment to the alternate payee in accordance with the provisions of the QDRO.

(c)   If the convicted person's pension benefit is subject to an order for child support, then the lien shall not attach to the portion of the convicted person's benefit which goes to pay support for any minor child who has not been convicted of the same offense involving embezzlement of public funds for which the lien was created.

(C)   In addition to any other sentence imposed upon a person convicted of an offense described in subsection (A) and taking into account the petition process set forth in subsection (B), the presiding judge may require full restitution of all public funds embezzled or misappropriated and full payment for the conversion, use, and value of public property appropriated to private use and may provide for an indeterminate sentence of incarceration or probation, or both, until restitution in full has been made.

Printed Page 1018 . . . . . Thursday, March 22, 2001

(D)   The Attorney General is charged with an affirmative duty to recover public funds and property embezzled or converted to private use, or the value thereof, and he or his designee may bring an action to enforce the lien created by this section at any time up to the death of a person whose retirement or pension plan is subject to the lien created by subsection (A).

(E)   The Attorney General or his designee shall file a satisfaction and discharge of the lien created by this section after restitution has been made by payment of the amount of the lien in full or after the death of the person whose retirement or pension plan is subject to the lien created by subsection (A). If the beneficiary of the person whose retirement or pension plan is subject to the lien created by subsection (A) was, himself, convicted of the same offense involving the embezzlement or misappropriation of public funds or public property for which the lien was created, the lien must continue until restitution has been made or until the death of the beneficiary.

(F)   The lien created by this section and the action to enforce the lien are cumulative and in addition to all other remedies provided by law." /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

ACTING PRESIDENT PRESIDES

At 11:50 A.M., Senator MARTIN assumed the Chair.

THIRD READING BILLS

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

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

Printed Page 1019 . . . . . Thursday, March 22, 2001
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.

S. 338 (Word version) -- Senators Richardson, Ford, Elliott, Mescher, McConnell, Ritchie, Ryberg, Martin, Wilson, Gregory, Verdin and Branton: 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.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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

Senator HUTTO proposed the following amendment (JUD0060.003), which was adopted:

Printed Page 1020 . . . . . Thursday, March 22, 2001

Amend the bill, as and if amended, page 2, beginning on line 39, in Section 16-25-70(H), as contained in SECTION 3, by striking Section 16-25-70(H) in its entirety and inserting therein the following:

/   "(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 Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:

(1)   if it is found:

(a)   in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or

(b)   pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or

(2)   if it is evidence of a violation of this article.

An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.

Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO 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.

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

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.

Printed Page 1021 . . . . . Thursday, March 22, 2001

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (GGS\22924CM01), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

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

"Section 57-3-210. Notwithstanding another provision of law, the Department of Transportation shall notify a county's legislative delegation before the department closes a bridge or road for repairs that will not be completed within a forty-five-day period. However, this provision does not apply when the department must close a bridge or road pursuant to an emergency situation." /

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 with notice of general amendments.

AMENDED AND ADOPTED

H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Printed Page 1022 . . . . . Thursday, March 22, 2001

Senator McCONNELL proposed the following amendment (3659R001.GFM), which was adopted:

Amend the resolution, as and if amended, page 2, by striking lines 10-13 and inserting the following:

/   time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2001 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.     /

Amend the resolution further, as and if amended, by deleting lines 19-22 and inserting the following:

/     SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

MOTION ADOPTED

On motion of Senator BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Ida Kirven Mellard of the Jedburg Community in Summerville, S.C., who passed away on March 21, 2001.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 23, 2001, it stand adjourned to meet next Tuesday, March 27, 2001, at 12:00 Noon, which motion was adopted.

Printed Page 1023 . . . . . Thursday, March 22, 2001

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Wednesday, March 28, 2001, it stand adjourned to meet next Thursday, March 29, 2001, at 10:00 A.M., which motion was adopted.

ADJOURNMENT

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