Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator MARTIN.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from St. Mark, Chapter 9:33:

"Then, they came to Capernaum; and when they were in the house He asked them, 'What were you arguing about on the way?' But they were silent, for on the way they had argued with one another who was the greatest."
Let us pray.

Father, we know that this matter of who is the greatest is a point of controversy within social groups from antiquity.

Give us the grace, if and when we may be tempted, to find our answer within the framework of a true sense of mission, after we have said, "Lord, send me!"
Amen.

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

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

Document No. 2712
Agency: Department of Social Services
Subject: Residential Group Care Organizations for Children
Received by Lieutenant Governor April 23, 2002
Referred to Judiciary Committee
Legislative Review Expiration August 21, 2002
Subject to Sine Die Revision

Senator GIESE introduced Dr. Angus M. McBryde of Columbia, S.C., Doctor of the Day.

At 12:05 P.M., Senator FORD requested a leave of absence beginning at 4:00 P.M. today and lasting until 11:00 A.M. Wednesday, April 24, 2002.

At 12:15 P.M., Senator PATTERSON requested a leave of absence beginning at 12:00 P.M. Thursday, April 25, 2002, and lasting until Monday, April 29, 2002.

At 12:15 P.M., Senator COURSON requested a leave of absence from 5:30 - 10:00 P.M. Wednesday, April 24, 2002.

At 12:15 P.M., Senator PEELER requested a leave of absence for Friday, April 26, 2002.

At 12:20 P.M., Senator HUTTO requested a leave of absence beginning at 12:00 P.M., Friday, April 26, 2002, until 10:00 A.M., Monday, April 29, 2002.

At 12:13 P.M., Senator GLOVER requested a leave of absence beginning at 6:00 P.M. today and lasting until 6:00 A.M. tomorrow.

Senator FORD rose for an Expression of Personal Interest.

H. 5005 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED

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

There was no objection.

The Bill was recalled from the committee.

On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator SETZLER, with unanimous consent, H. 5005 was ordered to receive a third reading on Wednesday, April 24, 2002.

The following were introduced:

S. 1239 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SOUTH CAROLINA VETERANS SPECIAL LICENSE PLATE.
l:\council\bills\ggs\22518cm02.doc

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

S. 1240 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
l:\council\bills\pt\1934dw02.doc

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

S. 1241 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR STORM WATER MANAGEMENT AND SEDIMENT REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2698, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11623ac02.doc

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

S. 1242 (Word version) -- Senator Grooms: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT TO APPORTION OR REAPPORTION, AS NECESSARY, THE ELECTION DISTRICTS OF THE SCHOOL DISTRICT FOR THE PURPOSE OF ELECTING THE BOARD OF TRUSTEES, BEGINNING WITH THE FEDERAL CENSUS OF 2010.
l:\council\bills\dka\4858dw02.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1243 (Word version) -- Senator Grooms: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
l:\council\bills\dka\4857dw02.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1244 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING EVELYN REIS PERRY ON HER SELECTION FOR THE "WOMEN IN BUSINESS ADVOCATE" AWARD FOR 2002.
l:\council\bills\bbm\9064htc02.doc

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

S. 1245 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO COMMEND MR. PAUL WADE FOR HIS MANY YEARS OF

The Senate Resolution was adopted.

H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.

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

H. 4387 (Word version) -- Reps. Kirsh, Keegan, Wilkins, Witherspoon, Taylor, Littlejohn, Vaughn, Simrill, Altman, Sandifer, Walker, Campsen and Miller: A BILL TO AMEND SECTION 12-21-2710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPES OF MACHINES AND DEVICES USED FOR GAMBLING IN CERTAIN LOCATIONS WHICH ARE PROHIBITED BY LAW, SO AS TO DEFINE THE TERM PREMISES TO INCLUDE BOATS, SHIPS, FLOATS, OR VESSELS LOCATED WITHIN THE STATE OR ITS TERRITORIAL WATERS; AND TO AMEND SECTION 16-19-40, AS AMENDED, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO INCLUDE AS AN UNLAWFUL GAMBLING LOCATION A BOAT, SHIP, FLOAT, OR VESSEL LOCATED WITHIN THE STATE AND ITS TERRITORIAL WATERS.

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

H. 4406 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF

Read the first time and referred to the General Committee.

H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

Read the first time and referred to the General Committee.

H. 4688 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 336 IN JASPER COUNTY AS THE "CLARENCE W. FLOYD MEMORIAL HIGHWAY" IN MEMORY OF FORMER SHERIFF CLARENCE FLOYD OF JASPER COUNTY WHO WAS ELECTED SHERIFF IN 1946 AND SERVED CONTINUOUSLY UNTIL JANUARY 18, 1962 WHEN HE WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.

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

H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN

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

H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 5132 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, 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 Labor, Commerce and Industry.

H. 5134 (Word version) -- Reps. Wilder, Taylor and Carnell: A BILL TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.

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

H. 5137 (Word version) -- Reps. Carnell, Klauber and Parks: A BILL TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.

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

H. 5147 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, OR 5, 2002, IN ANY SCHOOL DISTRICT OF ORANGEBURG COUNTY WHEN A SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED, IF APPROVED BY THE LOCAL SCHOOL BOARD OF TRUSTEES, FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 5162 (Word version) -- Reps. Carnell, Wilder, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks,

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

At 12:17 P.M., the PRESIDENT assumed the Chair.

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

H. 4878 -- Ways and Means Committee: (GENERAL APPROPRIATION BILL)

Ordered for consideration tomorrow.

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN

Whereupon, Senators MARTIN, ALEXANDER and PINCKNEY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.

The House returned the Bill with amendments.

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

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator MARTIN proposed the following amendment (JUD0963.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 40, in Section 56-5-2780, as contained in SECTION 1, by striking lines 40-41 through lines 1-2 on page 2 and inserting therein the following:

/   not more than sixty days. For purposes of this section, only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense shall constitute prior offenses."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House of Representatives.

S. 1228 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.

Returned with concurrence.

Received as information.

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

H. 3240 (Word version) -- Reps. Altman, Limehouse, Campsen and Scarborough: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO

Senator KUHN asked to take the Bill up for immediate consideration.

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

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Branton (1.31)            Grooms (2.68)             Kuhn (14.70)
McConnell (25.54)         Ravenel (12.83)

Ford (22.89)              Mescher (8.60)            Pinckney (11.46)

By a weighted vote of 57.06 to 42.95, the Bill was read the second time, passed and ordered to a third reading.

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

S. 1237 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.

By prior motion of Senator HOLLAND

S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.

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

There was no objection.

H. 3943 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 15 SO AS TO ENACT THE "STRUCTURED SETTLEMENT PROTECTION ACT", WHICH PROVIDES PROCEDURES TO REGULATE THE TRANSFER OF STRUCTURED SETTLEMENTS, INCLUDING PROVISIONS REQUIRING COURT OR ADMINISTRATIVE AUTHORITY APPROVAL IN ADVANCE FOR THE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS, AND ESTABLISHING DISCLOSURE REQUIREMENTS.

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

Senator HUTTO proposed the following amendment (HUTTO3943), which was adopted:

Amend the bill, as and if amended, page 2 by deleting lines 28 through 32 and inserting the following:

/     (11)   'Settled claim' means the original tort claim resolved by a structured settlement.

(12)   'Structured settlement' means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement of a tort claim.     /

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 second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

S. 1204 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (SWB\5328DJC02), which was adopted:

Amend the bill, as and if amended, Section 50-1-85 as contained in SECTION 1, page 1, line 28 by striking / negligent / and inserting / reckless /

Amend the bill further, Section 50-1-85 as contained in SECTION 1, page 1, line 29 by striking / Negligence / and inserting /Recklessness /

When amended, Section 50-1-85 shall read: / "Section 50-1-85.   It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent reckless manner. Criminal negligence Recklessness is defined as the reckless disregard for the safety of others or their property.

A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:

(1)   in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days;

(2)   in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property;

(3)   in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years;

(4)   in the case of death, be imprisoned for not less than three months nor more than three years.

No part of the minimum fines and penalties provided in this section may be suspended by any court in this State.

In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (2) of this section must lose the privilege to hunt for two years. A person convicted under item (3) of this section shall lose his privilege to hunt for three years, and a person convicted under item (4) of this section shall lose the privilege of hunting for five years.

A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years.

The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department.

All monetary penalties shall be remitted to the South Carolina Victim's Compensation Fund." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Fish, Game, and Forestry Committee proposed the following amendment (SWB\5327DJC02), which was adopted:

Amend the bill, as and if amended, Section 48-39-145(A), SECTION 1, page 1, line 34, by striking / dollars. / and inserting / dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. /

When amended, Section 48-39-145(A) shall read:

/ "(A)   The department may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be charged pay an administrative fee not to exceed fifty-one of two hundred fifty dollars, unless the application is for a dock one hundred feet or less in length, in which case the fee must be one hundred and fifty dollars. Applications for amendments or modifications of permits that must be placed on public notice must be charged an administrative fee of one hundred dollars. The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act. A reasonable fee, determined by the department, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3145 (Word version) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks,

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

The Medical Affairs Committee proposed the following amendment (NBD\11617AC02), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Chapter 7, Title 44 of the 1976 Code is amended by adding:

Section 44-7-2910.   (A)   No direct care entity may employ or contract with a direct caregiver until after the direct caregiver has undergone a criminal record check as provided in this section. However, pending the results of the criminal record check, a person temporarily may be employed or may contract as a direct caregiver with a direct care entity. A direct care entity may consider the information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity.

(B)   For purposes of this article:

(1)   'Direct care entity' means:

(a)   a nursing home, as defined in Section 44-7-130;

(b)   a daycare facility for adults, as defined in Section 44-7-130;

(c)   a home health agency, as defined in Section 44-69-20;

(d)   a community residential care facility, as defined in Section 44-7-130;

(2)   'Direct caregiver' or 'caregiver' means:

(a)   a registered nurse, licensed practical nurse, or certified nurse assistant;

(b)   any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;

(c)   a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity;

(d)   a person employed by or under contract with a direct care entity who works within any building housing patients or clients;

(e)   a person employed by or under contract with by a direct care entity whose duties include the possibility of patient or client contact; or

(f)   a faculty member or student enrolled in an educational program, including clinical study in a direct care entity.

(C)(1)   A direct caregiver applicant shall provide verification of residency for the twelve months preceding the date of the employment application. The direct care entity shall conduct a state criminal record check if the applicant has resided in South Carolina during that twelve-month period and can verify residency through:

(a)   a driver's license or identification card issued by the State of South Carolina;

(b)   rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;

(c)   pay stubs in the applicant's name from a business located in South Carolina; or

(d)   bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank.

(2)   A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal criminal record check on the applicant in addition to the state criminal record check.

Section 44-7-2920.   Criminal record checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts

Section 44-7-2930.   A direct care entity may furnish copies of personnel records of current or former direct caregivers to another direct care entity requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A direct care entity releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information. A direct care entity receiving records pursuant to this section shall conduct its own criminal record check pursuant to this article.

Section 44-7-2940.   The Department of Health and Environmental Control shall verify that a direct care entity is conducting criminal record checks as required in this article before the department issues a renewal license for the direct care entity. The department shall act as the channeling agency for any federal criminal record checks required by this article.

Section 44-7-2950.   An individual who violates this article, or a regulation promulgated pursuant to this article, is subject to a civil fine of one hundred dollars for the first violation and five hundred dollars for each subsequent violation. A fine imposed pursuant to this section must be paid before a direct care entity's license is renewed."

SECTION   2.   Within twelve months of the effective date of this act, a direct care entity shall conduct criminal record checks, as provided for in Article 23, Chapter 7, Title 44 of the 1976 Code, as added by Section 1 of this act, on all direct caregivers employed by or under contract with the direct care entity as of that date.

SECTION   3.   This act takes effect July 1, 2002./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senator SHORT proposed the following amendment (NBD\11621AC02), which was adopted:

Amend the bill, as and if amended, by deleting Section 44-7-2910(2) and inserting:

/(2)   A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal criminal record check on the applicant in addition to the state criminal record check. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall conduct only a state criminal record check in the applicant's resident state./

/   Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Senator RITCHIE proposed the following amendment (NBD\11602AC02), which was adopted:

Amend the bill, as and if amended, by deleting Section 44-7-2950 and inserting:

/   Section 44-7-2950.   A individual who violates this article, or a regulation promulgated pursuant to this article, is subject to a civil fine of one hundred dollars for the first violation and five hundred dollars for each subsequent violation. A fine imposed pursuant to this section must be paid before a direct care entity's license is renewed. Fines collected pursuant to this section must be retained by the department to help offset the costs associated with carrying out the department's responsibilities under this article./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 732 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 507 OF 1996, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL OFFICERS, THE EMPLOYMENT OF A DIRECTOR AND STAFF POSITIONS, AUTHORIZE THE BOARD TO ADOPT BYLAWS, AND ESTABLISH ATTENDANCE REQUIREMENTS.

Senator GROOMS asked to take the Bill up for immediate consideration.

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

Senator GROOMS explained the Bill.

The question then was the second reading of the Bill.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Grooms (67.98)            Pinckney (20.05)

Matthews (11.97)

By a weighted vote of 88.03 to 0, the Bill was read the second time, passed and ordered to a third reading.

S. 714 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.

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

Senators HUTTO and MATTHEWS proposed the following amendment (DKA\4854MM02), which was adopted:

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

/ SECTION   1.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 377 of 2000, is further amended to read:

"(A)   In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B):

(1)   counties;

(2)   regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism;

(3)   county mental retardation boards funded by the State Mental Retardation Department;

(4)   regional councils of government established pursuant to Article 1, Chapter 7 of Title 6;

(5)   regional transportation authorities established pursuant to Chapter 25 of Title 58;

(6)   alcohol and drug abuse planning agencies designated pursuant to Section 61-12-20;

(7)   special purpose districts created by act of the General Assembly that provide gas, water, fire, sewer, recreation, or hospital service, or any combination of these services;

(8)   municipalities;

(9)   local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Department of Health and Human Services;

(10)   community action agencies that receive funding from the Community Services Block Grant Program administered by the Governor's Office, Division of Economic Opportunity;

(11)   a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located.;

(12)   the South Carolina State Employees' Association;

(13)   the Palmetto State Teachers' Association.;

(14)   the South Carolina Education Association;

(15)   the South Carolina Association of School Administrators;

(16)   the South Carolina School Boards Association;

(17)   the South Carolina Student Loan Corporation.;

(18)   legislative caucus committees as defined in Section 8-13-1300(21).;

(19)   soil and water conservation districts established pursuant to Title 48, Chapter 9.;

(20)   housing authorities as provided for in Chapter 3, Title 31;

(21)   the Greenville-Spartanburg Airport District;

(22)   cooperative educational service center employees.;

(23)   the South Carolina Sheriff's Association.;

(24)   the Pee Dee Regional Airport District.;

(25)   the Charleston County Airport District; and

(26)   the members of the school boards of Orangeburg Consolidated School Districts 3, 4, and 5." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.

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

Senator HUTTO argued contra to the third reading of the Bill.

On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by recess, with Senator HUTTO retaining the floor.

At 12:47 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT Pro Tempore.

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING,

The Senate resumed consideration of the Bill, the question being the third reading of the Bill.

Senator HUTTO argued contra to the third reading of the Bill.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

Senator LEATHERMAN moved to recall the Bill from the Committee on Finance and, with unanimous consent, moved to have it placed on the Calendar in the status of Adjourned Debate.

Senator SETZLER objected.

Senator LEATHERMAN moved to recall the Bill from the Committee on Finance.

The Bill was recalled from the Committee on Finance and placed on the Calendar for consideration tomorrow.

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

Senator LEATHERMAN, Chairman of the Senate Finance Committee, was recognized to report to the Senate regarding the work of the committee relative to H. 4878.

Senator J. VERNE SMITH, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

Senator PEELER, Chairman of the Subcommittee on Public Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator McGILL, Chairman of the Subcommittee on Natural Resources and Regulatory Agencies, was recognized to report to the Senate regarding the work of the subcommittee.

Senator GIESE, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator THOMAS, Chairman of the Subcommittee on Corrections, was recognized to report to the Senate regarding the work of the subcommittee.

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN

Senator LEATHERMAN asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.

Senator SETZLER objected.

Senator LEATHERMAN asked unanimous consent to make a motion that the Report of the Senate Finance Committee be adopted, the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, provided, that no member shall be prohibited from offering any amendment on third reading and provided, further, that all Points of Order are preserved and no member shall lose any rights to raise Points of Order in a timely fashion on third reading.

There was no objection and the motion was adopted.

The Report of the Senate Finance Committee (as contained in Doc. 4878R007.FIN) was adopted.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

Senator HUTTO made a Parliamentary Inquiry as to whether Points of Order under Rules 24A and 24B could be made to the Senate Finance Committee Report.

The PRESIDENT Pro Tempore stated that was correct.

Senator LEATHERMAN asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:45 A.M. for the exclusive purpose of taking up matters in the Morning Hour and at 11:55 A.M., the Senate would stand in recess for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate would stand in recess

There was no objection and the motion was adopted.

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and, further, that those staff of the Senate Finance Committee were admitted to the floor of the Senate Chamber while debate was in progress on H. 4878, the General Appropriation Bill.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: 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, AND TO MAKE CERTAIN OTHER CHANGES RELATED TO CONCEALED WEAPONS PERMITS. (ABBREVIATED TITLE)

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

Senator KUHN was recognized.

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

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Fannie Louise Holcomb, beloved wife of Neville Holcomb, former Mayor of Spartanburg, S. C.

At 3:38 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:45 A.M.

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