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, let us pray.

Eternal and beloved Lord, You are ever to be worshipped by the sons and daughters of men. Your will is ever to be sought in the public and private affairs of mankind.

Forgive us for the consummate conceit of many of us that mankind is the measure of things on earth. Some call it secularism!

Free us from a cheap and shoddy faith that cleaves to You only so long as You coddle us, and forbid that we should shrink from any sacrifice demanded by our loyalty to the God of love and justice.

We pray with Ken Medema:

"Lord, listen to your children praying,

Lord, send Your Spirit in this place;

Lord, listen to Your children praying,

send us love, send us pow'r, send us grace."
Amen.

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

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

Document No. 2715
Agency: Department of Health and Environmental Control
Subject: Infectious Waste Management Regulations
Received by Lieutenant Governor March 20, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 18, 2002
Subject to Sine Die Revision

Document No. 2721
Agency: Department of Health and Environmental Control
Subject: Waste Combustion and Reduction
Received by Lieutenant Governor March 20, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration July 18, 2002
(Subject to Sine Die Revision)

Senator LAND introduced Dr. Clarence E. Coker, Jr. of Manning, S.C., Doctor of the Day.

S. 1110 (Word version) -- Senators J. Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.

On motion of Senator O'DELL, with unanimous consent, the names of Senators O'DELL, McGILL, REESE and RANKIN were added as co-sponsors of S. 1110.

The following were introduced:

S. 1148 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE DR. MICHAEL C. WATSON OF BAMBERG FOR HIS DISTINGUISHED CAREER AS A PHYSICIAN AND FOR HIS DEDICATION TO THE MEDICAL PROFESSION, AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT FROM THE BAMBERG COUNTY HOSPITAL AFTER MORE THAN THIRTY YEARS OF SERVICE.
l:\council\bills\gjk\21199sd02.doc

The Senate Resolution was adopted.

S. 1149 (Word version) -- Senators J. Verne Smith, Peeler, Courson, Ryberg and Leatherman: A BILL TO AMEND SECTION 10-1-10 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, TO CLARIFY THE BOARD'S AUTHORITY; TO AMEND SECTION 10-1-30 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES' AUTHORITY TO AUTHORIZE THE USE OF THE STATE HOUSE, TO MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE, TO CLARIFY THE COMMITTEE'S AUTHORITY; TO AMEND SECTION 10-11-310 OF THE 1976 CODE, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, TO DELETE A REFERENCE TO SENATE STREET; TO AMEND SECTION 60-12-90 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, TO DELETE A REFERENCE TO CAPITOL COMPLEX; TO AMEND SECTION 2-3-90 OF THE 1976 CODE, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; AND TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, TO

Read the first time and, on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.

S. 1150 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 RELATING TO CERTIFIED ANIMAL CARETAKERS SO AS TO PROVIDE FOR THE PURPOSE AND DEFINITIONS USED IN THIS ARTICLE, TO CREATE THE COMMERCIAL KENNEL AND CERTIFIED ANIMAL CARETAKERS EXAMINERS BOARD AND PROVIDE FOR ITS MEMBERS, TERMS, POWERS, AND DUTIES; TO PROVIDE FOR REGISTRATION, EXAMINATION, AND CERTIFICATION OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR SUSPENSION OR REVOCATION OF CERTIFICATES OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR PUBLICATION OF A ROSTER OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WORK AS A CERTIFIED ANIMAL CARETAKER WITHOUT COMPLYING WITH THE CERTIFICATION REQUIREMENTS OF THIS ARTICLE OR TO KNOWINGLY PRESENT FALSE INFORMATION FOR THE PURPOSE OF OBTAINING A CERTIFICATE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS NOT A CERTIFIED ANIMAL CARETAKER TO OPERATE A COMMERCIAL BOARDING KENNEL IN THIS STATE UNLESS THE ACTUAL OPERATION OF THE BOARDING KENNEL IS UNDER THE DIRECT SUPERVISION OF A CERTIFIED ANIMAL CARETAKER; TO PROVIDE THAT IT IS UNLAWFUL FOR A KENNEL OWNER OR OPERATOR, A CERTIFIED ANIMAL CARETAKER, OR ANOTHER PERSON TO OPERATE A COMMERCIAL BOARDING KENNEL THAT DOES NOT PROVIDE PROPER CARE AND TREATMENT, INCLUDING EMERGENCY VETERINARY CARE WHEN NECESSARY, ADEQUATE WATER, ADEQUATE FEED, PROPER AMBIENT TEMPERATURE, SANITIZED BEDDING, SANITIZED PRIMARY ENCLOSURES, AND SANITIZED HOUSING FACILITIES FOR ALL ANIMALS AND PETS BOARDED WITHIN THE KENNEL AT

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

S. 1151 (Word version) -- Senators McConnell, Moore, Leatherman, Land, Ryberg, Martin, Jackson, Ford, Reese, Setzler and Richardson: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
l:\council\bills\gjk\21113sd02.doc

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

S. 1152 (Word version) -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR. OF SUMTER COUNTY UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.
l:\council\bills\dka\4799mm02.doc

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

S. 1153 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO EXPRESS THE DEEP APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO LARRY I. JAMES FOR HIS UNBOUNDED COMMITMENT TO THE GREER PUBLIC SCHOOLS AND TO PROCLAIM MONDAY, MARCH 25, 2002, AS "LARRY I. JAMES DAY" FOR HIS ACTIVE INVOLVEMENT AND CONTRIBUTIONS TO THE STUDENTS, FACULTY, AND ADMINISTRATION OF THE GREER PUBLIC SCHOOLS.
l:\council\bills\pt\1860dw02.doc

The Senate Resolution was adopted.

H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J.M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS AT THE CAMDEN CITY LIMITS WHERE IT INTERSECTS WITH UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER MR. LARRY DOBY".

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

H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.

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

H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson,

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

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

An invitation from the NATIONAL GUARD ASSOCIATION OF S.C. to attend a luncheon on the State House Grounds on Tuesday, April 2, 2002, immediately upon adjournment and lasting until 2:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the SOUTH CAROLINA ASSOCIATION OF TOURISM REGIONS to attend a reception at the Clarion Town House Hotel on Tuesday, April 2, 2002, from 6:00 until 8:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

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

An invitation from the SOUTH CAROLINA VOCATIONAL REHABILITATION ASSOCIATION to attend a reception at the Sheraton Hotel on Wednesday, April 3, 2002, from 6:00 until 7:30 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A. J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J.H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.

The following Bill and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 1005 (Word version) -- Senators J. Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman and O'Dell: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.

Senator J. VERNE SMITH explained the Bill.

S. 1109 (Word version) -- Senators McConnell, Moore, Land and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

The Committee on Judiciary proposed the following amendment (JUD0820.003), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 24, in Section 16-17-745, as contained in SECTION 1, by striking lines 24 through 40 and inserting therein the following:

/   "Section 16-17-745.   (A)   As used in this section, 'clone' means to grow or create a human being from a single cell or cells of a genetically identical human being through asexual reproduction.

(B)   No person shall clone, attempt to clone, or conspire to clone a human being by extracting the nucleus from any unfertilized human egg and infusing into such egg deoxyribonucleic acid from any other cell, or clone, attempt to clone, or conspire to clone a human being by any other means or method.

(C)   A person violating subsection (B) is guilty of a felony and, upon conviction, must be fined not more than one hundred thousand dollars or imprisoned for not more than five years, or both. Each violation constitutes a separate offense.

(D)   A person conspires to clone a human being when, with intent that conduct would result in the cloning of a human being, this person agrees with one or more persons to engage in or cause the cloning of a human being.   /

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 with notice of general amendments.

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

S. 1139 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION AND QUALIFICATIONS OF MEMBERS OF THE HOSPITAL DISTRICT BOARD OF TRUSTEES.

By prior motion of Senator LAND

S. 1138 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS, SO AS TO DESIGNATE SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY".

S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1143 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NITROGEN OXIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2593, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1144 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2640, PURSUANT TO THE

S. 1145 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1146 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.

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

The Committee on Judiciary proposed the following amendment (1085R001.GFM), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 39 in its entirety and inserting therein:

/     congressional district. At least one member from each congressional district must be appointed by the Supreme Court."   /

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.

H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.

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

The Committee on Judiciary proposed the following amendment (JUD4455.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   Section 16-13-15 of the 1976 Code is amended to read:

"Section 16-13-15.   (A)   It shall be is unlawful for any person to falsify or alter a transcript, or a diploma, or the high school equivalency diploma known as the GED from any high school, college, or university, or technical college of this State, or from the South Carolina Department of Education, or from any other transcript- or diploma-issuing entity a state-supported technical college.

(B)   It shall is also be unlawful for any person to use in this State a falsified or altered transcript, or diploma, or high school equivalency diploma know as the GED from the South Carolina Department of Education, or from any in-state or out-of-state high school, college, university, or technical school, or from any other transcript- or diploma-issuing entity with the intent to defraud or mislead another person.

(C)   Any person violating who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall

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, passed and ordered to a third reading.

H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.

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

Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator RANKIN explained the Bill.

The Committee on Judiciary proposed the following amendment (JUD3601.003), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 16, in Section 27-50-10, as contained in SECTION 1, by striking lines 16 through 23 and inserting therein the following:

/   (7)   'Real estate licensee' means an individual licensed under Title 40, Chapter 57.

(8)   'Real property' means the lot or parcel and the dwelling unit described in a real estate contract subject to this chapter.

(9)   'Selling agent' means a real estate licensee who represents a purchaser of real property through the use of a written agency agreement as required by law, a real estate licensee who is a subagent as defined by law who represents the owner, or a dual agent as defined by law who represents both the purchaser and owner.   /

Amend the bill further, as and if amended, page 4, line 21, in Section 27-50-50(A), as contained in SECTION 1, by striking line 21 in its entirety and inserting therein the following:

/   required by this chapter before a real estate contract is signed by the   /.

Amend the bill further, as and if amended, page 5, beginning on line 16, in Section 27-50-70(B)(2), as contained in SECTION 1, by striking lines 16-17 and inserting therein the following:

/     (2)   the real estate licensee did not know or have reasonable cause to suspect the information was false, incomplete, or misleading./

Amend the bill further, as and if amended, page 6, line 9, in SECTION 2 by striking /2002/ and inserting / 2003 /.

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the committee amendment.

The committee amendment was adopted.

Senator RANKIN proposed the following amendment (JUD3601.004), which was adopted:

Amend the bill, as and if amended, page 4, beginning on line 13, in Section 27-50-40, as contained in SECTION 1, by striking lines 13 through 17 and inserting therein the following:

/   no actual or constructive knowledge are not affected by this chapter.     /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 42 (Word version) -- Senators J. Verne Smith, Giese, Branton and Reese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 21, 2002, at 12:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R213, S. 504 (Word version)) -- Senator Reese: AN ACT TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 56-3-8100, RELATING TO GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT OF THE FEES COLLECTED FOR A SPECIAL LICENSE PLATE, THE COMPTROLLER GENERAL SHALL PLACE SUFFICIENT FUNDS INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION IN PRODUCING AND ADMINISTERING THE SPECIAL PLATE.
L:\COUNCIL\ACTS\504CM02.DOC

(R214, S. 597 (Word version)) -- Senators Wilson, Grooms and Branton: AN ACT TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION

(R215, S. 987 (Word version)) -- Senator Reese: AN ACT TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
L:\COUNCIL\ACTS\987AC02.DOC

(R216, H. 3403 (Word version)) -- Reps. Harrison and Rodgers: AN ACT 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 OR HIS DESIGNEE, OR A CHIEF OF POLICE OR HIS DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION; TO AMEND SECTION 56-5-6240, AS AMENDED, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM PERSONS CONVICTED OF DRIVING UNDER SUSPENSION AND DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO REVISE THE PROCEDURE

(R217, H. 3822 (Word version)) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: AN ACT TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE EXEMPTED FROM THE PROVISION THAT REQUIRES AN AGENT FOR AN INSURER OR FOR A FRATERNAL BENEFIT ASSOCIATION TO POSSESS A LICENSE ISSUED TO HIM BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD CERTAIN LIMITED INSURANCE LICENSEES TO THE LIST OF PERSONS COVERED BY THIS EXEMPTION; AND TO AMEND CHAPTER 43, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 4 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL

(R218, H. 3931 (Word version)) -- Rep. Townsend: AN ACT TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO DEFINE THE TERM "APPURTENANCES", AND TO PROVIDE FOR A MAXIMUM WIDTH FOR APPURTENANCES ON MOTOR HOMES, TRAVEL TRAILERS, AND TRUCK CAMPERS IN NONCOMMERCIAL USE; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO REVISE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS, AND TO SUBSTITUTE THE TERM "VEHICLES" FOR THE TERMS "TRAILER OR SEMITRAILERS"; TO AMEND SECTION 57-3-150, RELATING TO THE ISSUANCE OF MULTIPLE TRIP PERMITS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE ANNUAL TRIP PERMITS TO CERTAIN MANUFACTURERS, DEALERS, OR TRANSPORTERS FOR CERTAIN PURPOSES AND UNDER CERTAIN CIRCUMSTANCES.
L:\COUNCIL\ACTS\3931CM02.DOC

(R219, H. 4413 (Word version)) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS; TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT AND TO FURTHER REQUIRE AN APPLICANT FOR NEW GROINS TO MONITOR THE GROINS FOR THE LIFE OF THE PROJECT; TO REQUIRE GROINS TO BE PERMITTED ONLY AFTER THOROUGH

(R220, H. 4430 (Word version)) -- Reps. Cato, Kirsh, Walker, Law and Vaughn: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE TO THE DEPARTMENT OF INSURANCE WHICH RECOMMENDS CONTINUING EDUCATION COURSES FOR APPROVAL BY THE DEPARTMENT, SO AS TO MAKE A TECHNICAL CORRECTION BY UPDATING THE NAMES OF TWO ORGANIZATIONS THAT CAN NOMINATE MEMBERS FOR APPOINTMENT TO THE ADVISORY COMMITTEE.
L:\COUNCIL\ACTS\4430AC02.DOC

(R221, H. 4465 (Word version)) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM MAY 7, 2002, TO DETERMINE IF THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES ANNUALLY MAY RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY FIVE MILLS OVER THE MILLAGE LEVIED FOR THE PREVIOUS YEAR, NOT TO EXCEED AN INCREASE OF TWENTY MILLS OVER A FIVE-YEAR PERIOD, AND TO REQUIRE A REFERENDUM IF THE PROPOSED MILLAGE IN ANY ONE YEAR EXCEEDS FIVE MILLS.
L:\COUNCIL\ACTS\4465AC02.DOC

(R222, H. 4682 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE

(R223, H. 4702 (Word version)) -- Rep. Taylor: AN ACT TO AMEND ACT 778 OF 1988, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO STAGGER THE TERMS OF MEMBERS OF THE COMMISSION BEGINNING IN 2005.
L:\COUNCIL\ACTS\4702DW02.DOC

(R224, H. 4730 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\4730AC02.DOC

(R225, H. 4731 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\4731AC02.DOC

(R226, H. 4732 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669,

(R227, H. 4736 (Word version)) -- Reps. Harvin and J. Young: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
L:\COUNCIL\ACTS\4736SD02.DOC

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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 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; AND TO AMEND OTHER SECTIONS OF TITLE

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (PINCKNEY-3515-01, renamed Doc. 3515R001.CCP) proposed by Senator PINCKNEY and previously printed in the Journal of May 15, 2001.

Senator PINCKNEY proposed the following Amendment No. 1 (3515R001.CCP), which was adopted:

Amend the bill, as and if amended, page 4, by deleting lines 26-28 and inserting in lieu thereof:

/     The South Carolina Funeral Directors Association may recommend five members, the South Carolina Morticians Association may recommend five members, and an individual or       /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, with unanimous consent, Amendment No. 7 was taken up for immediate consideration.

Senator ALEXANDER proposed the following Amendment No. 7 (H-3515 ALEXANDER AMENDMENT), which was adopted:

Amend the bill, as and if amended, Section 40-19-230, page 10 by adding a new subsection to read:

/(F) A permit for a crematory or a permit for a funeral establishment which operates a crematory may be renewed for a two-year period by applying within thirty days preceding or following the expiration of the permit, upon forms provided by the board, payment of a renewal fee as established by the board in regulation and passage of an inspection conducted by the board./

Amend further, page 12, by deleting line 14 and inserting:

/SECTION 10. This act takes effect July 1, 2002./

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Senator MOORE spoke on the amendment.

The amendment was adopted.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment.

On motion of Senators PEELER and BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Coach Cecil Woolbright of Chapin, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 22, 2002, it stand adjourned to meet next Tuesday, March 26, 2002, at 12:00 Noon, which motion was adopted.

At 12:20 P.M., on motion of Senator LEATHERMAN, 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.

This web page was last updated on Thursday, June 25, 2009 at 1:12 P.M.