South Carolina Senate Journal April 25, 2002 - South Carolina Legislature Online

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

Printed Page 1892 . . . . . Thursday, April 25, 2002

Thursday, April 25, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:00 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, hear sustaining words from the Epistle of James, Chapter 2:18:

"But someone will say, 'You have faith and I have works.' Show me your faith apart from your works, and I by my works will show you my faith."
Let us pray.

Father, in addition to the words of Scripture, we hear also the words of Hannah More, when she said:

"If faith produce no works, I see

That faith is not a living tree."

Father, we know that faith is a gift of the Spirit of God, and that works are a fruit of the Spirit in the hearts, the minds and the muscles of the believer.

Bless us, dear Lord, today -- with faith -- and a few good works.
Amen.

RECESS

At 10:07 A.M., on motion of Senator MARTIN, the Senate receded from business until 10:30 A.M.

At 10:40 A.M., the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

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

Printed Page 1893 . . . . . Thursday, April 25, 2002

Local Appointments

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Sara G. Davis, 162 S. Baldwin Rd., Simpsonville, S.C. 29680

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Dean Eugene Ford, 402 Foxhound Rd., Simpsonville, S.C. 29681

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Don Irvin Hensley, 3600 Grandview Dr., Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Thomas E. Taylor, 8150 Augusta Rd., Piedmont, S.C. 29673

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

J. Conrad Hetzer, 305 Ocean View Dr., Myrtle Beach, S.C. 29572

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Herman Watson, 3905 Hill St., Loris, S.C. 29569

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Lee R. Deese, 3301 Lee Deese Rd., Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Johnny Ray Steele, 1027 Hilldale Dr., Lancaster, S.C. 29720

Doctor of the Day

Senator VERDIN introduced Dr. Holbrook Raynal of Clinton, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MOORE, at 10:10 A.M., Senator HOLLAND was granted a leave of absence for today.

Printed Page 1894 . . . . . Thursday, April 25, 2002

Leave of Absence

At 10:40 A.M., Senator McGILL requested a leave of absence beginning at 5:00 P.M. Friday, April 26, 2002, and lasting until 9 A.M. Monday, April 29, 2002.

Leave of Absence

At 10:40 A.M., Senator LEVENTIS requested a leave of absence from 6:00 - 10:00 P.M. today.

Leave of Absence

At 10:50 A.M., Senator REESE requested a leave of absence beginning at 6:00 P.M. and lasting until Noon on Tuesday, April 30, 2002.

Leave of Absence

At 3:45 P.M., Senator COURSON requested a leave of absence beginning at 8:00 P.M. tonight and lasting until 11:00 A.M. Friday, April 26, 2002.

Leave of Absence

At 3:45 P.M., Senator WALDREP requested a leave of absence from 4:30 - 11:30 P.M. today.

Leave of Absence

On motion of Senator FORD, at 6:00 P.M., Senator GLOVER was granted a leave of absence until 10:00 A.M. Friday, April 26, 2002.

Leave of Absence

At 6:00 P.M., Senator FORD requested a leave of absence until 10:00 P.M. tonight.

CO-SPONSOR ADDED

S. 328 (Word version) -- Senators Alexander, Wilson, Giese, J. Verne Smith, Grooms, Martin, Waldrep, Hawkins and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37 SO AS TO PROVIDE THE "DO NOT CALL REGISTRY" AUTHORIZING THE DEPARTMENT OF CONSUMER AFFAIRS TO ESTABLISH A DATABASE OF RESIDENTIAL TELEPHONE SUBSCRIBERS WHO OBJECT TO RECEIVING CERTAIN TELEPHONE

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SOLICITATIONS, TO PROVIDE FOR THE OPERATION OF THE DATABASE BY THE DEPARTMENT, TO PROVIDE FOR FEES TO BE CHARGED TO PERSONS OR ENTITIES ACCESSING THE DATABASE, TO PROVIDE THAT THE FEES ARE USED TO MAINTAIN THE DATABASE, TO PROVIDE CIVIL PENALTIES FOR TELEPHONE SOLICITORS WHO CALL TELEPHONE NUMBERS ON THE REGISTRY MORE THAN ONCE IN A TWELVE-MONTH PERIOD, TO PROVIDE A STATUTE OF LIMITATIONS, AND TO PROVIDE THAT TELEPHONE CALLER IDENTIFICATION SERVICES ARE NOT LIABLE FOR VIOLATIONS OF THIS CHAPTER AND TELEPHONE COMPANIES ARE NOT RESPONSIBLE FOR THE CHAPTER'S ENFORCEMENT OR LIABLE FOR ERRORS OR OMISSIONS IN THE DATABASE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD THE DATABASE ESTABLISHED PURSUANT TO THIS CHAPTER; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO THE REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REFERENCE THE REQUIREMENTS OF THIS CHAPTER.

On motion of Senator RANKIN, with unanimous consent, the name of Senator RANKIN was added as a co-sponsor of S. 328.

RECALLED AND READ THE SECOND TIME

H. 4720 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED 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.

Senator MATTHEWS asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

The Joint Resolution was recalled from the Committee on Education.

Senator MATTHEWS asked unanimous consent to take the Joint Resolution up for immediate consideration.

Printed Page 1896 . . . . . Thursday, April 25, 2002

There was no objection.

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

On motion of Senator MATTHEWS, with unanimous consent, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.

H. 4720--Ordered to a Third Reading

On motion of Senator MATTHEWS, H. 4720 was ordered to receive a third reading on Friday, April 26, 2002.

RECALLED AND READ THE SECOND TIME

H. 4721 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED 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.

Senator MATTHEWS asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

The Joint Resolution was recalled from the Committee on Education.

Senator MATTHEWS asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

On motion of Senator MATTHEWS, with unanimous consent, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.

Printed Page 1897 . . . . . Thursday, April 25, 2002

H. 4721--Ordered to a Third Reading

On motion of Senator MATTHEWS, H. 4721 was ordered to receive a third reading on Friday, April 26, 2002.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1250 (Word version) -- Senator Thomas: A SENATE RESOLUTION COMMENDING MR. O. RICHARD COTHRAN, JR., FOR HIS SERVICE TO GOD, COUNTRY, STATE, AND FAMILY.
l:\council\bills\gjk\21317zcw02.doc

The Senate Resolution was adopted.

H. 4530 (Word version) -- Rep. Sharpe: 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 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.

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

H. 4562 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.

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

H. 4562--Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, H. 4562 was ordered to receive a second and third reading on the next two consecutive legislative days.

Printed Page 1898 . . . . . Thursday, April 25, 2002

H. 4815 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.

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

H. 5063 (Word version) -- Reps. McLeod, McGee, McCraw, Owens, J.E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D.C. Smith, J.R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: A BILL TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.

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

H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN

Printed Page 1899 . . . . . Thursday, April 25, 2002

THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.

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

H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, 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 Medical Affairs.

H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, 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 Agriculture and Natural Resources.

H. 5151 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, 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 Fish, Game and Forestry.

H. 5172 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE

Printed Page 1900 . . . . . Thursday, April 25, 2002

CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.

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

REPORTS OF STANDING COMMITTEES

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

S. 1173 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF COMMERCIAL FERTILIZER COMPANIES, SO AS TO REQUIRE A FERTILIZER DISTRIBUTOR TO OBTAIN A PERMIT ANNUALLY FROM THE STATE CROP PEST COMMISSION AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 46-25-1170, RELATING TO PENALTIES FOR VIOLATIONS OF THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE SANCTIONS AGAINST PERMITS ISSUED PURSUANT TO THIS CHAPTER.

Ordered for consideration tomorrow.

S. 1173--Co-Sponsor Added

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 1173.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3968 (Word version) -- Reps. J. Brown, Townsend, W.D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J.E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J.H. Neal, Howard, Hosey, Knotts, G.M. Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R. Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J. Hines, M. Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller,

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Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F.N. Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DIABETES INITIATIVE OF SOUTH CAROLINA ACT", BY ADDING ARTICLE 2, SO AS TO ENACT THE "DIABETES SCHOOL CARE ACT", TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO PROVIDE FOR THE TRAINING OF THESE CARE PROVIDERS, TO ESTABLISH THE RESPONSIBILITIES AND THE SCOPE OF AUTHORITY FOR A DIABETES CARE PROVIDER, TO ALLOW A STUDENT WITH DIABETES TO PERFORM GLUCOSE TESTS, ADMINISTER INSULIN, AND TO ATTEND TO THE CARE AND MANAGEMENT OF HIS OR HER DIABETES AND TO POSSES NECESSARY SUPPLIES AND EQUIPMENT TO CONDUCT THESE FUNCTIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAKE INFORMATION AND TRAINING MATERIALS AVAILABLE TO PRIVATE SCHOOLS, AND TO PROVIDE THAT A DIABETES CARE PROVIDER ACTING IN ACCORDANCE WITH THIS ARTICLE IS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY AND IS NOT PRACTICING NURSING AND IS EXEMPT FROM ALL APPLICABLE STATUTORY AND REGULATORY PROVISIONS THAT RESTRICT WHAT ACTIVITIES MAY BE DELEGATED TO A PERSON WHO IS NOT A LICENSED MEDICAL PROFESSIONAL; AND TO DESIGNATE SECTIONS 44-39-10 THROUGH 44-39-50 AS ARTICLE 1, CHAPTER 39, TITLE 44 ENTITLED "DIABETES INITIATIVE OF SOUTH CAROLINA" AND TO RENAME CHAPTER 39, TITLE 44 AS "DIABETES".

Ordered for consideration tomorrow.

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Message from the House

Columbia, S.C., April 25, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Easterday, Coleman and Sinclair to the Committee of Conference on the part of the House on:

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH 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

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THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.

The House returned the Bill with amendments.

Senator RYBERG 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 the concurrence in the House amendments.

Senator RYBERG proposed the following amendment (190R001.WGR), which was adopted:

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

/ 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."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

CONCURRENCE

S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.

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The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS RECOGNITION AND CREDIT TO OUR STATE THROUGH HER OUTSTANDING ACCOMPLISHMENTS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

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.

By prior motion of Senator VERDIN

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.

By prior motion of Senator DRUMMOND

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H. 4823 (Word version) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F.N. Smith, J.E. Smith, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.

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.

By prior motion of Senator HUTTO, with unanimous consent

THIRD READING BILLS

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

S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE

Printed Page 1906 . . . . . Thursday, April 25, 2002

PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.

By prior motion of Senator McCONNELL, with unanimous consent

Recorded Vote

Senator FORD desired to be recorded as voting against the third reading of S. 926.

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. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.

S. 1226 (Word version) -- Senator Land: A BILL TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.

Printed Page 1907 . . . . . Thursday, April 25, 2002

S. 1240 (Word version) -- Senators Hutto and Matthews: 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.

By prior motion of Senator HUTTO, with unanimous consent

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.

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.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

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.

Printed Page 1908 . . . . . Thursday, April 25, 2002

H. 4435 (Word version) -- Reps. Robinson, Altman and Whipper: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.

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 SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH DEVOLVED THIS APPOINTING AUTHORITY TO THE GOVERNING BODY OF BERKELEY COUNTY.

H. 4412 (Word version) -- Reps. Scarborough, Altman, Coates and Campsen: 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 SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.

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

S. 901 (Word version) -- Senators Leatherman and Giese: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE POSITION OF STATE

Printed Page 1909 . . . . . Thursday, April 25, 2002

ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER.

Senator HUTTO 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 the adoption of the amendment proposed by the Committee on Finance.

Senate Finance Committee proposed the following amendment (GGS\22473CM02), which was adopted:

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

/ SECTION 1. Section 8-17-370 of the 1976 Code, as last amended by Act 264 of 2000, is further amended by adding an appropriately lettered item to read:

"( ) a person holding the position of State Engineer as defined in Section 11-35-830."

SECTION 2. Section 11-35-310(33) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"(33) 'State Engineer' means the person holding the position as head of the State Engineer's office. The person holding the position of State Engineer must be registered in this State as a professional engineer."

SECTION 3. Section 11-35-830 of the 1976 Code, as amended by Act 153 of 1997, is amended to read:

"Section 11-35-830. There is hereby created within the Office of General Services, the State Engineer's office to be headed by the State Engineer. All procurements involving construction, architectural and engineering, construction management, and land surveying services, as defined in Section 11-35-2910, and any pre-and post-procurement activities in this area, shall be conducted in accordance with regulations promulgated by the board except as otherwise provided for in this code by specific reference to the State Engineer's office.

The State Engineer serves at the will and pleasure of the Budget and Control board. The Executive Director may make a recommendation to the board concerning the removal of the State Engineer. The board's removal of the State Engineer from that position is not subject to administrative review under the State Employee Grievance Procedure

Printed Page 1910 . . . . . Thursday, April 25, 2002

Act. The board's decision is final and not subject to any other administrative review."

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

Amend title to conform.

Senator HUTTO 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 with notice of general amendments.

SECOND READING BILLS

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

H. 5148 (Word version) -- Rep. Kirsh: A BILL TO ALLOW THE BOARD OF TRUSTEES OF CLOVER SCHOOL DISTRICT TWO IN YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF REIMBURSING THE DISTRICT'S GENERAL FUND FOR CAPITAL EXPENDITURES MADE FROM THAT FUND IN PRIOR YEARS AND TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS.

By prior motion of Senator HAYES

S. 957 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 23-6-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF, FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR BUSINESSES TO PROVIDE MOTOR VEHICLE REGISTRATION AND TITLING SERVICES.

S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.

Printed Page 1911 . . . . . Thursday, April 25, 2002

H. 3812 (Word version) -- Rep. Harrison: A BILL TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.

S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE

Printed Page 1912 . . . . . Thursday, April 25, 2002

INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.

Senator HUTTO 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 the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0873.002), which was adopted:

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

/ SECTION 1. Section 8-21-310 of the 1976 Code is amended to read:

"Section 8-21-310. Except as otherwise expressly provided, the following fees and costs must be collected on a uniform basis in each county by clerks of court and registers of deeds or county treasurers as may be determined by the governing body of the county:

(1) for recording a deed to or a mortgage on real estate, ~~ten~~ fifteen dollars; and an additional one dollar a per page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;

(2) for recording a chattel mortgage, conditional sale contract, lease or contract of sale of personal property, and any other document required to be recorded under the Uniform Commercial Code (Title 36), the fees provided in Title 36;

(3) for recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, ~~six~~ twelve dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, ~~six~~ twelve dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to in the instrument and an additional one dollar for each page for any instrument exceeding one page;

Printed Page 1913 . . . . . Thursday, April 25, 2002

(4) for recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not otherwise provided for in this section, ~~ten~~ fifteen dollars, and an additional one dollar a per page for a document containing more than four pages;

(5) for recording satisfaction on the record of a mortgage of real estate or a chattel mortgage or other recorded lien, and certifying the entry on the original or a copy, ~~five~~ ten dollars;

(6) for recording separate probates, affidavits, or certificates which are not part of or attached to another document to be recorded, ~~five~~ ten dollars;

(7) for recording a plat larger than eight and one-half by fourteen inches, ~~ten~~ fifteen dollars; for plats of 'legal size' dimensions, or smaller, ~~five~~ ten dollars;

(8) for recording decree of foreclosure or partition of real property in mortgage book or deed book, the same fee as for recording deed or mortgage of real estate;

(9) for recording any other paper affecting title or possession of real estate or personal property and required by law to be recorded, except judicial records, ~~ten~~ fifteen dollars, and an additional one dollar a per page for a document containing more than four pages;

(10) for filing power of attorney, trustee qualification, or other appointment, ~~ten~~ fifteen dollars, and an additional one dollar a per page for a document containing more than four pages;

(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, ~~seventy~~ one hundred dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment;

(b) for filing, recording, and indexing Lis Pendens when not accompanied by summons and complaint, ~~five~~ ten dollars;

(c) for receiving and enrolling transcripts of judgment from magistrates' courts and federal district courts, ~~five~~ ten dollars;

Printed Page 1914 . . . . . Thursday, April 25, 2002

(d) for filing and enrolling a judgment by confession, ~~five~~ ten dollars;

(12) no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;

(13) for taking and filing an order for bail with or without bond, one dollar; with bond when surety must be justified, ~~five~~ ten dollars;

(14) for taking and filing bond or security costs, one dollar; with bond when surety must be justified, ~~five~~ ten dollars;

(15) for filing or recording any commission of notary public or other public office, license or permit to practice any profession or trade, notice of formation or dissolution of any partnership, ~~two~~ five dollars;

(16) for filing the charter of any public or private corporation or association required by law to be recorded, ten dollars, and an additional one dollar a per page for any such document containing more than four pages;

(17) for issuing an official certificate under seal of court not otherwise specified in this section, one dollar;

(18) for holding a hearing for condemnation proceedings, twenty-five dollars a day;

(19) for filing notice of discharge in bankruptcy, ~~ten~~ fifteen dollars;

(20) for filing and enrolling and satisfaction of South Carolina and United States Government tax liens:

(a) for filing and enrolling and satisfying executions or warrants for distraint for the South Carolina Employment Security Commission, the South Carolina Department of Revenue, or any other state agency, where costs of the executions or warrants for distraint are chargeable to the persons against whom such executions or warrants for distraint are issued, ~~five~~ ten dollars;

(b) for filing and enrolling and satisfying any tax lien of any agency of the United States Government, where the costs of the executions are chargeable to the persons against whom such executions are issued, ~~five~~ ten dollars;

(21) for filing and processing an order for the Destruction of Arrest Records, thirty-five dollars, which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program;

Printed Page 1915 . . . . . Thursday, April 25, 2002

(22) for filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, ~~fifty-five~~ one hundred dollars.

The clerk ~~shall~~ must mark satisfied upon receipt of the fees provided in this item any tax lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly signed by an authorized officer of any agency of this State or the United States to the effect that the execution or warrant for distraint has been paid and satisfied."

SECTION 2. The 1976 Code is amended by adding:

"Section 14-1-203. The revenue from the fee set in Section 20-7-1440(C) must be remitted to the county in which the proceeding is instituted. Forty-four percent of the revenues must be remitted monthly by the fifteenth day of each month to the State Treasurer on forms in a manner prescribed by him. When payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The forty-four percent remitted to the State Treasurer must be deposited as follows:

(1) 43.76 percent to the general fund;

(2) 10.04 percent to the Department of Mental Health to the used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 6.20 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and

(4) 40.00 percent to the South Carolina Judicial Department."

SECTION 3. Section 14-1-204 of the 1976 Code is amended to read:

"Section 14-1-204. The ~~seventy~~ one hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the ~~seventy~~ one hundred dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1) ~~45.03~~ 31.52 percent to the state general fund;

Printed Page 1916 . . . . . Thursday, April 25, 2002

(2) ~~10.33~~ 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) ~~6.38~~ 4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; ~~and~~

(4) ~~38.26~~ 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which ~~shall~~ must then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5) 30.00 percent to the South Carolina Judicial Department."

SECTION 4. Section 20-7-1440(C) of the 1976 Code is amended to read:

"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court ~~shall~~ must assess costs against the party required to pay the support in the amount of ~~three~~ five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203."

SECTION 5. Section 36-9-525(a) of the 1976 Code, as added by Act 67 of 2001, is further amended to read:

"(a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:

~~(1)~~ ~~eight dollars if the record is communicated in writing and consists of one or two pages;~~

~~(2)~~ ~~ten dollars if the record is communicated in writing and consists of more than two pages; and~~

~~(3)~~ ~~ten dollars if the record is communicated by another medium authorized by filing-office rule~~

two dollars for the first page and one dollar for each additional page."

SECTION 6. Section 38-53-70 of the 1976 Code is amended to read:

"Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration,

Printed Page 1917 . . . . . Thursday, April 25, 2002

commitment, or institutionalization within thirty days of the issuance of the bench warrant, the bond shall be forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court ~~shall~~ must consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months; however, the surety must pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety ~~shall be~~ is relieved of any further liability."

SECTION 7. This act takes effect July 1, 2002. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO 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.

Recorded Vote

Senators BAUER and KUHN desire to be recorded as voting against the second reading of the Bill.

S. 873--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 873 was ordered to receive a third reading on Friday, April 26, 2002.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 934 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL

Printed Page 1918 . . . . . Thursday, April 25, 2002

GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

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 (JUD0934.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, in SECTION 1, by striking SECTION 1 in its entirety and inserting therein the following:

/ SECTION 1. (A) The General Assembly finds that:

(1) special purpose districts have been created and established for the principal purpose of furnishing natural gas throughout their respective service areas;

(2) these special purpose districts include the Chester County Natural Gas Authority, the Clinton-Newberry Natural Gas Authority, the Fort Hill Natural Gas Authority, the Lancaster County Natural Gas Authority, and the York County Natural Gas Authority (the "Gas Authorities");

(3) Section 13, Article VIII of the Constitution of the State of South Carolina provides that any political subdivision may agree with another political subdivision for the joint administration of functions and joint exercise of powers and the sharing of related costs;

(4) in many instances, the public would benefit from more efficient and better services if projects were undertaken by two or more Gas Authorities for the benefit of the residents of both;

Printed Page 1919 . . . . . Thursday, April 25, 2002

(5) in many instances, one Gas Authority may be unable to provide services that could be provided if undertaken collectively by two or more Gas Authorities; and

(6) there is no general mechanism for the joint undertaking of projects by the Gas Authorities, the lack of which is detrimental to the public health, safety, and welfare of the residents of the several Gas Authorities.

(B) It is the intent of the General Assembly to provide to the Gas Authorities of the State a mechanism for the joint exercise of their powers, joint administration of functions, and sharing of related costs so as to ensure that the residents of this State located in the service areas of the Gas Authorities are provided with natural gas services as efficiently and inexpensively as possible. To accomplish those goals, the General Assembly intends to empower the Gas Authorities to create joint agencies to provide for the joint exercise of powers, joint administration of functions, and sharing of costs in a convenient and predictable manner. /

Amend the bill further, as and if amended, page 3, beginning on line 7, in Section 6-24-20, as contained in SECTION 2, by striking lines 7 through 12 and inserting therein the following:

/ (3) 'Governmental entity' means a special purpose district created by the General Assembly of this State for the principal purpose of furnishing natural gas to the residents of the service area as defined in and fully described in the act of the General Assembly that created and established the special purpose district, and in amendments to that act. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator GREGORY spoke on the Bill.

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

S. 934--Ordered to a Third Reading

On motion of Senator GREGORY, with unanimous consent, S. 934 was ordered to receive a third reading on Friday, April 26, 2002.

Printed Page 1920 . . . . . Thursday, April 25, 2002

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1023 (Word version) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO PROVIDE THAT THESE PERSONS ARE NOT REQUIRED TO SIGN, BUT SHALL COMPLETE AND EXECUTE THE MEDICAL CERTIFICATION PORTION OF A DEATH CERTIFICATE, AND IF THE CERTIFICATION OF CAUSE OF DEATH CANNOT BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME WHEN AN AUTOPSY IS SCHEDULED, THEN THE COUNTY MEDICAL EXAMINER SHALL INDICATE THAT THE CAUSE OF DEATH IS PENDING AND CERTIFY THE CERTIFICATION OF CAUSE OF DEATH.

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 (JUD1023.002), which was adopted:

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

/ SECTION 1. Section 17-5-560 of the 1976 Code, as added by Act 73 of 2001, is amended to read:

"Section 17-5-560. (A) The coroner, deputy coroner, medical examiner, or deputy medical examiner must, in any case investigated, complete and sign the medical certification portion of the death certificate within twenty-four hours after being notified of the death.

(B) The coroner or medical examiner must, at the time of releasing a body to a funeral director or person acting as ~~such~~ a funeral director, or as soon as practical ~~thereafter~~ after releasing the body, execute and sign the medical certification of the cause of death on the prescribed form.

(C) In any case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must give

Printed Page 1921 . . . . . Thursday, April 25, 2002

the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cannot be signed within the prescribed time set forth, the coroner or medical examiner must indicate that the cause of death is pending and sign the certification accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must, over his signature, forward the cause of death to the registrar and notify the funeral director involved that ~~such~~ this action has been taken.

(D) As used in this section, the terms 'sign', 'signed', or 'signature' mean a written signature or an electronic signature authorized in the Electronic Commerce Act, Chapter 5, Title 26."

SECTION 2. Section 44-63-40 of the 1976 Code is amended to read:

"Section 44-63-40. The State Registrar ~~shall~~ must appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death ~~shall forward these reports to the county registrar~~ must transmit these reports to the State Registrar at intervals prescribed by the State Registrar. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar ~~shall~~ must carry out the duties formerly carried out by local registrars without additional compensation. The county registrar ~~shall~~ must appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar ~~shall~~ must require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

Printed Page 1922 . . . . . Thursday, April 25, 2002

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.

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 (JUD3697.002), which was adopted:

Amend the bill, as and if amended, page 1, line 40, in Section 17-3-310(A)(1), as contained in SECTION 1, by striking line 40 in its entirety and inserting therein the following:

/ law. Of these five members, no more than one member may be from each congressional district. /

Amend the bill further, as and if amended, page 2, line 23, as contained in SECTION 2, by striking line 23 in its entirety and inserting therein the following:

/ Commission on Indigent Defense expire on October 1, 2002, at which /.

Amend the bill further, as and if amended, page 2, line 28, by striking SECTION 3 in its entirety and inserting therein the following:

/ SECTION 3. This bill takes effect October 1, 2002. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Printed Page 1923 . . . . . Thursday, April 25, 2002

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4656 (Word version) -- Rep. F.N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.

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 (JUD4656.002), which was adopted:

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

/ SECTION 1. Section 15-3-20 of the 1976 Code is amended to read:

"Section 15-3-20. (A) Civil actions ~~can~~ may only be commenced within the periods prescribed in this ~~Title~~ title after the cause of action ~~shall have~~ has accrued, except when, in special cases, a different limitation is prescribed by statute.

(B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing."

SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action filed on or after this act's effective date./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Printed Page 1924 . . . . . Thursday, April 25, 2002

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.

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 (JUD4869.001), which was adopted:

Amend the bill, as and if amended, page 1, line 12, by striking /53-3-150/ and inserting / 53-3-160 /.

Amend the bill further, as and if amended, page 1, line 26, in Section 53-3-150, as contained in SECTION 1, by striking /53-3-150/ and inserting / 53-3-160 /.

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.

Printed Page 1925 . . . . . Thursday, April 25, 2002

ADOPTED

S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.

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

AMENDED, ADOPTED

H. 4960 (Word version) -- Reps. J. Young, G.M. Smith, G. Brown, J.H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON HIGHWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.

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

Senator REESE proposed the following amendment (4960R001.GGR), which was adopted:

Amend the resolution, as and if amended, page 1, line 13, by deleting the word / HIGHWAY / and inserting:

/ PARKWAY /

Amend the resolution further, as and if amended, page 1, line 35, by deleting the word / Highway / and inserting:

/ Parkway /

Amend the resolution further, as and if amended, page 1, line 37, by deleting the word / Highway / and inserting:

/ Parkway /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

CARRIED OVER

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

Printed Page 1926 . . . . . Thursday, April 25, 2002

CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

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

AMENDED, CARRIED OVER

H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.

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

Senator RICHARDSON proposed the following amendment (4419R002.SHR), which was adopted:

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

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

"Section 59-40-200. If any section, subsection, paragraph, subparagraph, provision, or portion of this chapter is held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Printed Page 1927 . . . . . Thursday, April 25, 2002

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4878, THE GENERAL APPROPRIATION BILL.

DEBATE INTERRUPTED
H. 4878--GENERAL APPROPRIATION BILL

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

RECESS

At 11:14 A.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed thirty minutes.

At 11:38 A.M., the Senate resumed.

ACTING PRESIDENT PRESIDES

At 11:38 A.M., Senator ALEXANDER assumed the Chair.

RECESS

At 11:39 A.M., on motion of Senator PEELER, the Senate receded from business not to exceed thirty minutes.

At 11:52 A.M., the Senate resumed.

ACTING PRESIDENT PRESIDES

At 11:52 A.M., Senator MARTIN assumed the Chair.

On motion of Senator COURSON, with unanimous consent, debate was interrupted by recess.

RECESS

At 11:53 A.M., on motion of Senator COURSON, subject to the Ratification of Acts at 12:00 Noon, the Senate receded from business until 1:15 P.M.

Printed Page 1928 . . . . . Thursday, April 25, 2002

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 25, 2002, at 12:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R260, S. 182 (Word version)) -- Senators Hawkins, Ritchie, Reese and Branton: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM "CORRECTIONS OFFICER" FOR THE TERM "CORRECTIONS EMPLOYEE"; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM "DAMAGE"; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.
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(R261, S. 204 (Word version)) -- Senators Hawkins and Richardson: AN ACT TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2002" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION, TO DEFINE CERTAIN TERMS, TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS, TO PROHIBIT A

Printed Page 1929 . . . . . Thursday, April 25, 2002

PERSON OR PRIVATE ENTITY FROM USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A RESIDENT OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AMEND SECTION 44-37-30, RELATING TO TESTING OF NEWBORN BLOOD SAMPLES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO SPECIFY THAT THESE BLOOD SAMPLES ARE CONFIDENTIAL, TO PROVIDE THAT THE PARENTS OR GUARDIAN OF THE CHILD, OR THE CHILD AFTER REACHING AGE EIGHTEEN, SHALL DIRECT, ON FORMS PROVIDED BY THE DEPARTMENT, WHETHER THE SAMPLE MAY BE USED FOR ANONYMOUS STUDIES, RETURNED, OR DESTROYED, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R262, S. 439 (Word version)) -- Senators J. Verne Smith, Leatherman and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
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(R263, S. 868 (Word version)) -- Senator Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
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Printed Page 1930 . . . . . Thursday, April 25, 2002

(R264, S. 982 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS

Printed Page 1931 . . . . . Thursday, April 25, 2002

AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
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(R265, S. 986 (Word version)) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE TASK FORCE, TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, AND STAFFING, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE FEBRUARY 15, 2003, AND TO ABOLISH THE TASK FORCE UPON SUBMISSION OF ITS REPORT.
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(R266, S. 1123 (Word version)) -- Senators Mescher and Kuhn: AN ACT TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.
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(R267, S. 1177 (Word version)) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Printed Page 1932 . . . . . Thursday, April 25, 2002

(R268, S. 1187 (Word version)) -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT 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.
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(R269, S. 1210 (Word version)) -- Senator Moore: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
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(R270, H. 3163 (Word version)) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535 SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" TO PROVIDE AN INCOME TAX CREDIT OF TEN PERCENT OF THE EXPENDITURES THAT QUALIFY FOR A FEDERAL TAX CREDIT TO REHABILITATE A HISTORIC STRUCTURE; TO PROVIDE AN INCOME TAX CREDIT OF TWENTY-FIVE PERCENT OF THE EXPENDITURES TO

Printed Page 1933 . . . . . Thursday, April 25, 2002

REHABILITATE A HISTORIC STRUCTURE THAT DOES NOT QUALIFY FOR A FEDERAL TAX CREDIT; TO REQUIRE THE CREDIT TO BE TAKEN OVER A FIVE-YEAR PERIOD BEGINNING WITH THE YEAR THE REHABILITATION OF THE STRUCTURE IS COMPLETE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION; AND TO PROVIDE FOR APPEALS.
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(R271, H. 3623 (Word version)) -- Reps. Allison, Townsend and Robinson: AN ACT TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES FOR PURPOSES OF THE SECTION ALSO INCLUDE MOBILE TELEPHONES AND TO REVISE THE MANNER IN WHICH POSSESSION OF THESE PAGING DEVICES AT SCHOOL ARE REGULATED BY PROVIDING THAT THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT SHALL ADOPT A POLICY THAT ADDRESSES STUDENT POSSESSION OF PAGING DEVICES, TO PROVIDE THAT THIS POLICY MUST BE INCLUDED IN THE DISTRICT'S WRITTEN STUDENT CONDUCT STANDARDS, AND TO PROVIDE THAT, IF THE POLICY INCLUDES CONFISCATION OF A PAGING DEVICE, IT SHOULD ALSO PROVIDE FOR THE RETURN OF THE DEVICE TO THE OWNER.
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(R272, H. 3706 (Word version)) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker,

Printed Page 1934 . . . . . Thursday, April 25, 2002

White, Witherspoon, A. Young and J. Young: AN ACT TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE AGENCY PROMULGATING THE REGULATION TO INCLUDE THE LOCATION WHERE A PERSON COULD OBTAIN FROM THE AGENCY A DETAILED STATEMENT OF RATIONALE STATING THE BASIS FOR THE REGULATION INCLUDING THE SCIENTIFIC OR TECHNICAL BASIS FOR THE REGULATION AND STUDIES, REPORTS, POLICIES, OR STATEMENTS OF PROFESSIONAL JUDGMENT OR ADMINISTRATIVE NEED RELIED UPON IN DEVELOPING THE REGULATIONS.
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(R273, H. 3838 (Word version)) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY A FARM PRODUCT, RESEARCH FACILITY, OR RESEARCH EQUIPMENT USED FOR TESTING OR RESEARCH IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH ENTITY, A UNIVERSITY, OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R274, H. 3867 (Word version)) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195 SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPAN U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB

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HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
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(R275, H. 4598 (Word version)) -- Reps. Campsen, Lourie and Scott: AN ACT TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE; AND TO AMEND SECTION 62-7-405, AS AMENDED, RELATING TO DISTRIBUTIONS AT THE END OF A TRUST, SO AS TO PROVIDE FOR DISTRIBUTION OF A PECUNIARY INTEREST OUTRIGHT.
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(R276, H. 4615 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.
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(R277, H. 4652 (Word version)) -- Reps. Lourie, Bales, Harrison, J.E. Smith, Hosey, J.H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 92 AND 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE IN GOD WE TRUST SPECIAL LICENSE PLATES AND UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
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Printed Page 1936 . . . . . Thursday, April 25, 2002

(R278, H. 4680 (Word version)) -- Reps. Talley and Lourie: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
L:\COUNCIL\ACTS\4680CM02.DOC

(R279, H. 4692 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R280, H. 4728 (Word version)) -- Reps. Owens, Knotts, Whatley, G.M. Smith, W.D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White, A. Young and McLeod: AN ACT TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER, A VISITOR OF A CORRECTIONAL FACILITY, OR ANY OTHER PERSON AUTHORIZED TO BE PRESENT IN A

Printed Page 1937 . . . . . Thursday, April 25, 2002

CORRECTIONAL FACILITY IN AN OFFICIAL CAPACITY, TO PROVIDE THAT A PERSON ACCUSED OF A CRIME AS CONTAINED IN THIS SECTION MAY BE TESTED FOR CERTAIN DISEASES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CERTAIN PATIENTS.
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(R281, H. 5004 (Word version)) -- Reps. Coates and McGee: AN ACT TO AMEND A JOINT RESOLUTION OF 2002, BEARING RATIFICATION NUMBER 221, RELATING TO A REFERENDUM ON SCHOOL FINANCE TO BE HELD IN FLORENCE COUNTY SCHOOL DISTRICT ONE, SO AS TO CHANGE THE DATE OF THE REFERENDUM TO A PERIOD NO EARLIER THAN THE THIRD TUESDAY FOLLOWING RECEIPT OF OFFICIAL NOTICE OF PRECLEARANCE UNDER THE VOTING RIGHTS ACT AND NO LATER THAN JANUARY 1, 2003, TO PROVIDE SPECIAL NOTICE REQUIREMENTS, TO SPECIFY THE REFERENDUM QUESTION, TO MAKE OTHER GRAMMATICAL CHANGES, AND TO REVISE THE DATE FOR THE BOARD OF TRUSTEES OF THE DISTRICT TO SUBMIT ITS ANNUAL BUDGET TO THE COUNTY AUDITOR.
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(R282, H. 5005 (Word version)) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: AN ACT 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 BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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AFTERNOON SESSION

The Senate reassembled, at 1:32 P.M., and was called to order by the PRESIDENT.

Printed Page 1938 . . . . . Thursday, April 25, 2002

RECESS

At 1:32 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed thirty minutes.

At 2:19 P.M., the Senate resumed.

THE SENATE RESUMED CONSIDERATION OF H. 4878, THE GENERAL APPROPRIATION BILL.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4878--GENERAL APPROPRIATION BILL

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

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 4 was taken up for immediate consideration.

Amendment No. 4

Senators J. VERNE SMITH and JACKSON proposed the following Amendment No. 4 (SMITH1.DOC), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 9, by adding an appropriately numbered paragraph to read:

/72.__. There is imposed a separate and distinct fee of $.011 upon all cigarettes made of tobacco or any substitute for tobacco during the current fiscal year. The fee will be collected by the Department of Revenue in the most efficient and cost effective manner possible except that the revenue of the fee must be credited to the Medicaid Expansion Fund as defined by law and is appropriated and authorized to be expended for the same purposes./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Point of Order

Senator McGILL raised a Point of Order that the amendment was out of order inasmuch as it was a revenue raising measure and as such must originate in the House of Representatives.

Printed Page 1939 . . . . . Thursday, April 25, 2002

Senators ALEXANDER, JACKSON, HUTTO, MARTIN and J. VERNE SMITH spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Point of Order

Senator McGILL raised a Point of Order that the amendment was out of order inasmuch as the amendment was in violation of Section 11-11-440 of the S. C. Code of Laws, 1976, as amended, which prohibits "any general tax increase... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides that "such general tax increases or new general taxes must be enacted only by separate act."

The PRESIDENT sustained the Point of Order.

Amendment No. 4 was ruled out of order.

Amendment No. 22

Senator THOMAS proposed the following Amendment No. 22 (4878R015.DLT, which was adopted (#1):

Amend the bill, as and if amended, Part IA, Section 35, COMMISSION ON INDIGENT DEFENSE, page 205, line 10, by:

/ COLUMN 7 COLUMN 8

STRIKING 21, 491 21,491

and

INSERTING 57,530 57,530 /

Amend the bill further, as and if amended, Section 35, page 205, line 13, by:

/ COLUMN 7 COLUMN 8

STRIKING 1,397,000 297,000

and

INSERTING 1,360,961 260,961 /

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Printed Page 1940 . . . . . Thursday, April 25, 2002

Senator GREGORY appealed the decision of the PRESIDENT regarding the Point of Order raised by Senator McGILL on Amendment No. 4 that it was in violation of Section 11-11-440.

Point of Order

Senator MOORE raised a Point of Order that the appeal came too late.

The PRESIDENT sustained the Point of Order.

Objection

Senator JACKSON asked unanimous consent to make a motion to take up an amendment pertaining to the cigarette tax.

Senator RICHARDSON objected.

Amendment No. 7

Senator LEATHERMAN proposed the following Amendment No. 7 (MLS-SENROLLUP.DOC), which was adopted (#2):

Amend the bill, as and if amended, Part IA, Section 54A, LEG. DEPARTMENT-THE SENATE, page 263, by inserting after line 6

COLUMN 7 COLUMN 8

/UNCLASSIFIED POSITIONS 4,871,037 4,871,037

(143.00) (143.00)/

Amend the bill further, as and if amended, Section 54A, page 263, lines 7 & 8, by striking opposite

COLUMN 7 COLUMN 8

CLK & DIR SENATE RES.(P) / 112,766 112,766

(1.00) (1.00)/ Amend the bill further, as and if amended, Section 54A, page 263, lines 9 & 10, by striking opposite

COLUMN 7 COLUMN 8

SRGT-AT-ARMS/DIR SEC. (P) / 68,628 68,628

(1.00) (1.00)/

Amend the bill further, as and if amended, Section 54A, page 263, lines 11 & 12, by striking opposite

COLUMN 7 COLUMN 8

ASST SRGT-AT-ARMS (P) / (1.00) (1.00)/

Amend the bill further, as and if amended, Section 54A, page 263, lines 13 & 14, by striking opposite

Printed Page 1941 . . . . . Thursday, April 25, 2002

COLUMN 7 COLUMN 8

READING CLERK (P) / 36,990 36,990

(1.00) (1.00)/

Amend the bill further, as and if amended, Section 54A, page 263, lines 15 & 16, by striking opposite

COLUMN 7 COLUMN 8

CHAPLAIN (P) / 10,653 10,653

(1.00) (1.00)/

Amend the bill further, as and if amended, Section 54A, page 263, lines 17 & 18, by striking opposite

COLUMN 7 COLUMN 8

UNCLASS. SENATE MISC. (P) / 4,452,000 4,452,000

(138.00) (138.00)/

Amend the bill further, as and if amended, Section 54A, page 263, line 19, by striking opposite

COLUMN 7 COLUMN 8

OTHER PERSONAL SERVICES / 30,000 30,000/

Amend the bill further, as and if amended, Section 54A, page 263, line 20, by striking opposite

COLUMN 7 COLUMN 8

TAXABLE SUBSISTENCE / 70,000 70,000/

Amend the bill further, as and if amended, Section 54A, page 263, line 21, by striking opposite

COLUMN 7 COLUMN 8

TEMPORARY HELP / 90,000 90,000/

Amend the bill further, as and if amended, Section 54A, page 263, line 24, Section 54A, page 263, line 24, by:

COLUMN 7 COLUMN 8

/ STRIKING: 485,528 485,528

and

INSERTING: 1,609,746 1,609,746/

Amend the bill further, as and if amended, Section 54A, page 263, line 26, by striking opposite

COLUMN 7 COLUMN 8

APPROVED ACCOUNTS / 348,404 348,404/

Amend the bill further, as and if amended, Section 54A, page 263, line 27, by striking opposite

COLUMN 7 COLUMN 8

INTERIM COMM. EXP. / 9,100 9,100/

Amend the bill further, as and if amended, Section 54A, page 263, line 29, by striking opposite

Printed Page 1942 . . . . . Thursday, April 25, 2002

COLUMN 7 COLUMN 8

IN. DISTRICT COMPENSATION / 552,000 552,000/

Amend the bill further, as and if amended, Section 54A, page 263, line 30, by striking opposite

COLUMN 7 COLUMN 8

NATIONAL CONFERENCE

STATE LEG. / 114,715 114,715/

Amend the bill further, as and if amended, Section 54A, page 263, line 31, by striking opposite

COLUMN 7 COLUMN 8

COUNCIL OF STATE

GOVERNMENTS / 97,999 97,999/

Amend the bill further, as and if amended, Section 54A, page 263, line 32, by striking opposite

COLUMN 7 COLUMN 8

NATIONAL CONFERENCE / 2,000 2,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 17

Senator LEATHERMAN proposed the following Amendment No. 17 (MLS-HOUSECUT.DOC), which was adopted (#3):

Amend the bill, as and if amended, Part IA, Section 54B, LEG. DEPARTMENT-HOUSE OF REPRESENTATIVES, page 265, line 7, by:

COLUMN 7 COLUMN 8

/ STRIKING: 4,096,316 4,096,316

and

INSERTING: 3,517,228 3,517,228/

Amend the bill further, as and if amended, Section 54B, page 265, line 24, by:

COLUMN 7 COLUMN 8

/ STRIKING: 1,942,524 1,942,524

and

INSERTING: 2,521,612 2,521,612/

Renumber sections to conform.

Amend sections, totals and title to conform.

Printed Page 1943 . . . . . Thursday, April 25, 2002

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 34

Senator RYBERG proposed the following Amendment No. 34 (4878RYBERGDOR.DOC), which was adopted (#4):

Amend the bill, as and if amended, Part IA, Section 64, DEPARTMENT OF REVENUE, page 351, by inserting after line 6:

COLUMN 7 COLUMN 8

/ Collection Assistance Fee 400,000 400,000 /

Amend the bill further, as and if amended, Section 71, REVENUE, page 363, line Individual Income Tax, by:

STRIKING: / 2,307,230,914 /

and

INSERTING: / 2,307,630,914 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 26

Senators GIESE and MATTHEWS proposed the following Amendment No. 17 (11653AC02.DOC), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 396, paragraph 5A.5, line 21, by deleting /~~$105,319~~ $117,031/ and inserting /$105,319/; on line 21 by deleting /~~$26,309~~ $28,871/ and inserting /$26,309/; and on line 22 by deleting /~~$263,415~~ $616,422/ and inserting /$630,696/.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GIESE explained the amendment.

Printed Page 1944 . . . . . Thursday, April 25, 2002

The amendment was adopted.

Amendment No. 3

Senators THOMAS, MOORE, JACKSON, REESE, RANKIN, LEVENTIS, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, KUHN, LAND, LEATHERMAN, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RAVENEL, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, VERDIN and WALDREP proposed the following Amendment No. 3 (4878DLTCOS.DOC), which was adopted (#6):

Amend the bill, as and if amended, Part IB, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 402, paragraph 5N.6, line 21, by reinserting the proviso which reads:

/ 5N.6. (TEC: Professionally Licensed Training) No state funds, appropriated pursuant to this section, may be used to offer new courses for preparing students to stand a state professional licensing examination for cosmetology in order that they be professionally licensed under the licensing requirements administered by the Department of Labor, Licensing and Regulation, in a county where there are available two (2) or more public and/or private funded schools offering such training. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Statement by Senator LEVENTIS

I voted to table Amendment #3 in support of law enforcement and homeland security that is where the money is slated to go. I also believe that the cost of administering the program is greater than the current $50 fee. I do not believe this will inhibit law abiding citizens' ability to get a permit. In addition, I am aware that other permits to carry weapons carry a fee of $25/year or more.

Printed Page 1945 . . . . . Thursday, April 25, 2002

Amendment No. 24A

Senator ALEXANDER proposed the following Amendment No. 24A (BEH12A.DOC), which was adopted (#7A):

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 410, after line 4, by adding an appropriately numbered paragraph to read:

/The Department of Health and Human services shall cooperate and provide the necessary information in order that a computer analysis may be performed to identify areas where the Medicaid program could increase quality and reduce overall program costs. The analysis shall proceed upon the approval of the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Speaker of the House, and the Chairman of the House Ways and Means Committee. The results of the analysis shall be provided to the Senate Finance Committee and the House Ways and Means Committee upon its completion. No General Funds may be expended for this study. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 25A

Senator HUTTO proposed the following Amendment No. 25A (BEH13.DOC), which was adopted (#8):

Amend the bill, as and if amended, Part IB, Section 23, CLEMSON UNIVERSITY (PUBLIC SERVICE ACTIVITIES), page 430, paragraph 23.7, lines 30-31, by striking the proviso in its entirety./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

Senator PEELER spoke on the amendment.

The amendment was adopted.

Printed Page 1946 . . . . . Thursday, April 25, 2002

Amendment No. 11

Senator LEVENTIS proposed the following Amendment No. 11 (MLSFILMOFC.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 437, after line 15, by adding an appropriately numbered paragraph to read:

/27. . (CMRC: SC Film Institute) From the funds appropriated to the Film Office, the Department of Commerce shall transfer $175,000 to the S.C. Film Institute./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator ALEXANDER moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 21

Senator SETZLER proposed the following Amendment No. 21 (NC5.DOC), which was adopted (#9):

Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 438, paragraph 30.16, line 36, by inserting after the second sentence of the proviso:/ The Supreme Court shall have authority to issue administrative rules to exempt from the motion fee certain Family Court matters involving rules to show cause in child and spousal support matters and motions filed by indigent persons./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 40

Senator PATTERSON proposed the following Amendment No. 40 (NC1.DOC), which was adopted (#10):

Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 449, paragraph 37.8, lines 8 through 11, by striking the proviso in its entirety and inserting:/37.8 (CORR: E.H. Cooper Trust Fund) The E.H. Cooper Trust Fund is devolved to the Cooper Special Projects Fund, which shall be used to

Printed Page 1947 . . . . . Thursday, April 25, 2002

fund projects benefiting the general welfare of all inmates in the custody of the Department of Corrections. Any funds remaining in the E. H. Cooper Trust Fund shall be transferred to the Cooper Special Projects Fund. Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine a legal beneficiary of such funds, shall be deposited into the Cooper Special Projects Fund. The Director must approve any expenditure from the Cooper Special Projects Fund. An annual report of expenditures from the Cooper Special Projects Fund shall be made to the House Ways and Means Committee and the Senate Finance Committee within sixty days after the close of each fiscal year./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 30

Senator THOMAS proposed the following Amendment No. 30 (NCINTERSTATECOMPACT.DOC), which was adopted (#11):

Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 453, after line 2, by adding an appropriately numbered paragraph to read:

/ 38.__. (DPPP: Interstate Compact Application Fee) The department may charge offenders an application fee set by the department, not to exceed $100, to offenders applying for transfers out of state under the Interstate Compact Act. The application fee shall be retained by the department to offset the cost of the Interstate Compact Act. All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Printed Page 1948 . . . . . Thursday, April 25, 2002

Amendment No. 13A

Senators WALDREP, LEVENTIS and HUTTO proposed the following Amendment No. 13A (4878R010.RLW), which was adopted (#12):

Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 432, immediately after line 32, by adding an appropriately numbered paragraph to read:

/ 24.__. (DNR: Savannah River Basin Compact Study) From funds appropriated in Part 1A, Section 24 of this act, the director of the department shall provide for expenses so that the department must enter into discussions with the Director of the Georgia Department of Natural Resources and other appropriate state and federal agencies in South Carolina and Georgia for the purpose of considering the creation of an interstate compact between South Carolina and Georgia concerning the Savannah River basin and developing legislation for that purpose. The study shall include, but not be limited to, the consideration of current state river basin compact laws, published reports on the Savannah River basin, impacts of removal of water from the basin in both the State of South Carolina and the State of Georgia, as well as water quantity, ecological, economic, agricultural, and recreational uses of the basin. The study will allow for input from parties interested in the long-term management of the Savannah River basin. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE asked unanimous consent to take the amendment up for immediate consideration.

There was no objection.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 37

Senator HUTTO proposed the following Amendment No. 37 (APP-HUTTO-3), which was adopted (#13):

Printed Page 1949 . . . . . Thursday, April 25, 2002

Amend the bill, as and if amended, Part IB, Section 54, page 465, paragraph 54.24, line 11 by adding to the end of the paragraph the following:

/ From the funds annually allocated to each Senator for postage and telephone, $250 may be used to purchase American and State flags. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator RYBERG moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 17; Nays 24

AYES

Alexander                 Bauer                     Courson
Fair                      Giese                     Gregory
Hayes                     Jackson                   Martin
Mescher                   Peeler                    Ravenel
Richardson                Ryberg                    Thomas
Verdin                    Waldrep

Total--17

NAYS

Anderson                  Branton                   Drummond
Ford                      Glover                    Grooms
Hawkins                   Hutto                     Kuhn
Land                      Leatherman                Leventis
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Pinckney
Rankin                    Reese                     Ritchie
Setzler                   Short                     Smith, J. Verne

Total--24

The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.

Printed Page 1950 . . . . . Thursday, April 25, 2002

The amendment was adopted.

Amendment No. 9

Senator HAYES proposed the following Amendment No. 9 (MLS-HLTHPLANPARTICIPATION.DOC), which was adopted (#14):

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 492, paragraph 63.55, line 3, by striking /63.55. (BCB: Health Plan Participation) DELETED / and inserting:

/ 63.55. (BCB: Health Plan Participation) In addition to those entities allowed to participate in the state health and dental insurance plans pursuant to Section 1-11-720(A) of the 1976 Code, federally qualified health centers are allowed to participate in the plan subject to the terms and conditions applicable to such participation in Section 1-11-720 of the 1976 Code. Centers that elect to join the insurance program must sign an agreement binding them to all terms and conditions of Section 1-11-720(B)./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 5

Senator PEELER proposed the following Amendment No. 5 (NCSLED-CWP.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 475, paragraph 56DD.44, lines 1-3, by striking the proviso in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN spoke on the amendment.

Senator PEELER explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Printed Page 1951 . . . . . Thursday, April 25, 2002

Ayes 21; Nays 19

AYES

Anderson                  Branton                   Drummond
Ford                      Glover                    Hayes
Hutto                     Land                      Leatherman
Leventis                  Matthews                  McConnell
McGill                    Moore                     O'Dell
Pinckney                  Rankin                    Ravenel
Short                     Smith, J. Verne           Thomas

Total--21

NAYS

Alexander                 Bauer                     Courson
Fair                      Giese                     Gregory
Grooms                    Hawkins                   Kuhn
Martin                    Mescher                   Peeler
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Verdin
Waldrep

Total--19

The amendment was laid on the table.

Amendment No. 10

Senators COURSON, HUTTO, LEVENTIS, MOORE, LAND, GIESE, SHORT, SETZLER, DRUMMOND, KUHN and ALEXANDER proposed the following Amendment No. 10 (BEH7.DOC), which was adopted (#15):

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 492, paragraph 63.62, line 26, by striking /40 of the 1976 Code may use ten days rather than eight days of sick leave to care for ill members of their immediate family./ and inserting /40 of the 1976 Code may use ten days rather than eight days of sick leave to care for ill members of their immediate family. Immediate family is defined as the employee's spouse and children, and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and grandchildren. /

Printed Page 1952 . . . . . Thursday, April 25, 2002

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

Amendment No. 15

Senator LEATHERMAN proposed the following Amendment No. 15 (MLS-ORP.DOC), which was adopted (#16):

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 493, after line 3, by adding an appropriately numbered paragraph to read:

/63.__. (BCB: Election to Participate in State ORP) An eligible employee hired by an employer during the current fiscal year has fifteen days rather than sixty days after entering into service to make the election to participate in the State Optional Retirement Program (ORP). Failure by such person to make this election within fifteen days after entering into service is considered an election by the employee for membership in the SCRS. The definitions provided in Section 9-20-10 of the 1976 Code apply for purposes of this paragraph./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 35

Senator RYBERG proposed the following Amendment No. 35 (4878RYBERGDDORPRO.DOC), which was adopted (#17):

Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 497, paragraph 64.14, lines 27-29, by deleting (M) in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senators LEVENTIS and LEATHERMAN spoke on the amendment.

The amendment was adopted.

Printed Page 1953 . . . . . Thursday, April 25, 2002

Objection

Senator MOORE asked unanimous consent to make a motion to take up three amendments pertaining to the cigarette tax.

Senator J. VERNE SMITH objected.

Amendment No. 23

Senator RITCHIE proposed the following Amendment No. 23 (RWDOR 10.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 498, paragraph 64.19, line 18 and 19, by striking the proviso in its entirety. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RITCHIE explained the amendment.

Senator GROOMS spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 1

Senator GROOMS proposed the following Amendment No. 1 (4870SD02.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, by inserting a new paragraph to read:

/ 64.__ For the year 2002, there is allowed as a deduction in computing South Carolina taxable income of an individual a subsistence allowance of six dollars a day for federal, state, and local law enforcement officers paid by a political subdivision of this State, the government of this State, or the federal government, for each regular work day in a taxable year, and full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance six dollars a day for each regular work day in a taxable year./

Renumber sections and paragraphs to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

Senator GROOMS moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

Printed Page 1954 . . . . . Thursday, April 25, 2002

The amendment was laid on the table.

Amendment No. 6

Senator J. VERNE SMITH proposed the following Amendment No. 6 (4865SD02.DOC), which was adopted (#18):

Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, by inserting an appropriately numbered paragraph to read:

/ 64.___ Notwithstanding the provisions of Section 12-54-240 of the 1976 Code or any other provision of law, nothing prevents the disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services for the purpose of verifying Medicaid eligibility. /

Renumber sections and paragraphs to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 28

Senators PEELER, VERDIN, GROOMS, SETZLER, COURSON, BRANTON and FAIR proposed the following Amendment No. 28 (4878R013.HSP), which was tabled:

Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 499, lines 14 through 16, by deleting Proviso 69A.3.

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, Proviso 72.97, line 22, by striking / $37,114, 632 / and inserting therein the following:

/ $49,699,632 /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator SETZLER spoke on the amendment.

Senator RICHARDSON spoke on the amendment.

Senator COURSON spoke on the amendment.

Printed Page 1955 . . . . . Thursday, April 25, 2002

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 15

AYES

Alexander                 Anderson                  Drummond
Ford                      Glover                    Gregory
Hayes                     Hutto                     Kuhn
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Short
Smith, J. Verne

Total--25

NAYS

Bauer                     Branton                   Courson
Fair                      Giese                     Grooms
Hawkins                   Jackson                   Mescher
Peeler                    Ritchie                   Ryberg
Setzler                   Thomas                    Verdin

Total--15

The amendment was laid on the table.

Statement by Senator SETZLER

I supported Amendment No. 28 because it was to provide money to maintain real estate property tax relief for our citizens which is proposed to be capped by the House of Representatives in this budget.

Printed Page 1956 . . . . . Thursday, April 25, 2002

Statement by Senators ALEXANDER, McCONNELL
MARTIN and HAYES

Reluctantly, we voted against Amendment No. 28 because there was no money to fund it. The revenue is short and we are facing shortages in medical assistance for people with disabilities besides many other needs that are going unfunded.

Over the years we have tried to reduce property taxes. We want to do it now but there is no money left; in order to fund it we would have to have deficit financing or raise taxes somewhere else.

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 18 was taken up for immediate consideration.

Amendment No. 18

Senators JACKSON, ANDERSON and J. VERNE SMITH proposed the following Amendment No. 18 (4878R011.DJ), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 9, by adding an appropriately numbered new Proviso to read:

/ 72.__. (GP: Tobacco Fee) For purposes this proviso, 'pack' is defined as a group of twenty cigarettes. There is a separate and distinct fee of $.22 upon the sale of all packs of cigarettes made of tobacco or any substitute for tobacco during the current fiscal year. If cigarettes are sold in groups other than twenty, then the fee must be imposed on a proportional basis. The fee will be collected by the Department of Revenue in the most efficient manner possible except that the revenue from the fee must be credited to the Medicaid Expansion Fund as defined by law and is authorized to be expended for the same purposes./

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

Point of Order

Senator McGILL raised a Point of Order that the amendment was out of order inasmuch as it was a revenue raising measure and should originate in the House of Representatives.

Senators JACKSON and GREGORY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Printed Page 1957 . . . . . Thursday, April 25, 2002

Point of Order

Senators JACKSON, GREGORY and McGILL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator GREGORY appealed the decision of the PRESIDENT regarding the Point of Order raised on Section 11-11-440.

ACTING PRESIDENT PRESIDES

At 4:45 P.M., Senator McCONNELL assumed the Chair.

Senator JACKSON argued in favor of the appeal of the decision.

Senator JACKSON moved to override the decision of the PRESIDENT.

The question then was "Shall the ruling of the PRESIDENT be overridden?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 17; Nays 23

AYES

Alexander                 Anderson                  Fair
Ford                      Glover                    Gregory
Hayes                     Jackson                   Leatherman
Martin                    McConnell                 Pinckney
Ravenel                   Richardson                Smith, J. Verne
Thomas                    Verdin

Total--17

Printed Page 1958 . . . . . Thursday, April 25, 2002

NAYS

Bauer                     Branton                   Courson
Drummond                  Giese                     Grooms
Hawkins                   Hutto                     Kuhn
Land                      Leventis                  Matthews
McGill                    Mescher                   Moore
O'Dell                    Peeler                    Rankin
Reese                     Ritchie                   Ryberg
Setzler                   Short

Total--23

The Senate refused to override the decision of the PRESIDENT.

PRESIDENT PRESIDES

At 5:25 P.M., the PRESIDENT assumed the Chair.

The amendment was ruled out of order.

Statement by Senators MARTIN, THOMAS, ALEXANDER
HAYES and VERDIN

Regarding the vote on the Appeal of the PRESIDENT'S ruling:

Section 11-11-440 provides a two-prong test. First, it provides that no general or new tax can be enacted in the "permanent" provisions of the appropriations bill. Secondly, the section then defines in (B) what a general or new tax is: it must apply to over fifty percent of the population as a whole.

There are no permanent provisions in this appropriations bill. As a matter of fact, that is the reason the Finance Committee reported out a separate bill (HB 4879) that would codify all such changes into permanent law. Therefore, the question as to whether the proposed cigarette tax applies to more than fifty percent of the population becomes a moot question.

Lastly, there is a real concern that, if the ruling is upheld, a precedent would exist in the future that Part I of the budget is considered permanent law within the interpretation of Section 11-11-440.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

Printed Page 1959 . . . . . Thursday, April 25, 2002

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Amendment No. 19

Senator J. VERNE SMITH proposed the following Amendment No. 19 (BEH10.DOC), which was adopted (#19):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 522, paragraph 72.71, line 5-10, by striking the proviso in its entirety./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Amendment No. 31

Senator RYBERG proposed the following Amendment No. 31 (NC19.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, by striking line 27, and inserting:

/ 72.91. (GP: Joint Committee on Medicaid) There is established the Joint Committee on Medicaid composed of eleven members, three appointed by the Chairman of the Senate Finance Committee from the membership of the Senate, three appointed by the Chairman of the House Ways and Means Committee from the membership of the House, two appointed by the Governor, one appointed by the South Carolina Hospital Association, one appointed by the South Carolina Medical Association, and one appointed by the South Carolina Health Care Association.

The committee must: 1) make a detailed and careful study of the State Medicaid Plan, the Federal laws pertaining to the program, and all other laws of the State which have a bearing upon the Medicaid program; 2) compare the State Medicaid program with the Medicaid program structures of other states; 3) recommend changes in the Medicaid program structure regarding eligibility, type, scope, and duration of services, together with predicted General Fund revenue, to the end that the State Medicaid Plan will be more stable and affordable for the taxpayers of the State; 4) provide for the revision of state laws and the State Medicaid Plan so as to develop a more easily understood,

Printed Page 1960 . . . . . Thursday, April 25, 2002

financially manageable and stable system; and 5) make recommendations for amendments to the State Medicaid Plan.

The committee may: 1) hold public hearings; 2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and 3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions. The committee may adopt by majority vote rules not inconsistent with this chapter that it considers proper with respect to matters relating to the discharge of its duties under this proviso. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Health and Human Services, and other state agencies and institutions. Expenses of the study committee may be paid from appropriated funds of the House of Representatives upon approval of the Speaker of the House and from appropriated funds of the Senate upon approval of the President Pro-Tempore of the Senate. To avoid duplication, the committee will coordinate its work with any other state entity that is undertaking a similar study. The committee must make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

ACTING PRESIDENT PRESIDES

At 6:00 P.M., Senator McCONNELL assumed the Chair.

Senator RYBERG continued explaining the amendment.

Senator RYBERG moved that the amendment be adopted.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 20B

Senators SMITH, O'DELL, PATTERSON and ALEXANDER proposed the following Amendment No. 20B (BEH06.DOC), which was adopted (#20):

Printed Page 1961 . . . . . Thursday, April 25, 2002

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.96, by striking lines 3-6, and inserting:

/agreement, an amount equal to $101 million must be transferred from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the following agencies and used for the purposes stated: J-12-Department of Mental Health: $1,000,000; D-17-Governor's Office-OEPP Continuum of Care: $1,000,000; and J.02-Department of Health and Human Services: $99,000,000 to be expended for Medicaid./

Amend the bill further, Part IB, Section 72, GENERAL PROVISIONS, page 531, paragraph 72.98, by striking line 9 and inserting:

/ fill material from the Daniel Island Harbor Deepening Project; Y08-Public Railways Commission: $2,000,000 must be transferred to the general fund from E Cooper & Berkeley RR Subfund 4813; Y08-Public Railways Commission: $500,000 must be transferred to the general fund from operating and maintenance Subfund 4814; and R04-Public Service Commission: $1,400,000 must be/

Amend the bill further, Part IB, Section 72, GENERAL PROVISIONS, page 532, paragraph 72.98, by striking line 8 and inserting:

/$25,800,000; P32-Department of Commerce: SEUS International Trade Show $600,000; and D-17-Governor's Office-OEPP: Continuum of Care $2,500,000.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Amendment No. 50

Senator LEATHERMAN proposed the following Amendment No. 50 (MLS-BRNWL ECO DEV INT.DOC), which was adopted (#21):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, lines 17-18, by striking:
/ State Treasurer's Office: $596,616 must be transferred to the General Fund from Subfund 43A8 Barnwell Economic Dev Fd;

Printed Page 1962 . . . . . Thursday, April 25, 2002

Amend the bill further, as and if amended, page 529, paragraph 72.97, line 22, by striking / $37,114,632 / and inserting / $37,711,248 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

PRESIDENT PRESIDES

At 6:05 P.M., the PRESIDENT assumed the Chair.

Amendment No. 52

Senator SETZLER proposed the following Amendment No. 52 (APP-SETZLER-2), which was tabled:

Amend the bill, as and if amended, Section 72, page 529, paragraph 72.97, line 22, by striking

/ $37,114,632 / and inserting the following:

/ $38,114,632 /

Renumber sections to conform.

Amend title to conform.

Recorded Vote

Senator VERDIN desired to be recorded as voting against the motion to table the amendment.

Amendment No. 16A

Senators LEATHERMAN and SMITH proposed the following Amendment No. 16A (BEH01.DOC), which was adopted (#22):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, paragraph 72.107, line 7, by striking line 7 and inserting /agencies after $7,500,000 is appropriated for the FY 2002-03 cost of living adjustment for nursing homes, with the exception of the Department of Education and the Department of Health and Human Services, any general funds/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Printed Page 1963 . . . . . Thursday, April 25, 2002

Amendment No. 8A

Senators J. VERNE SMITH and JACKSON proposed the following Amendment No. 8A (4878R012.GVS), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, immediately after line 9, by adding an appropriately numbered paragraph to read:

/72.__ (A) A statewide nonbinding referendum must be held at the time of the general election in 2002, to ascertain the wishes of the qualified electors of this State as to whether or not there should be a separate and distinct fee of $.011 upon all cigarettes made of tobacco or any substitute for tobacco during the current fiscal year. The fee must be collected by the Department of Revenue in the most efficient and cost effective manner possible except that the revenue of the fee must be credited to the Medicaid Expansion Fund as defined by law and is appropriated and authorized to be expended for the same purposes. The State Election Commission must place the question contained in subparagraph (B) on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the nonbinding referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, and the President of the Senate.

(B) The question put before the qualified electors in the nonbinding referendum shall read:

"Do you favor imposing a fee of $.011 on all cigarettes made of tobacco or any substitute for tobacco from January 1, 2003, through June 30, 2003, with the revenue of the fee being used for the Medicaid Expansion Fund?"/

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

Point of Order

Senator LAND raised a Point of Order under Rule 24 that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators GROOMS, RICHARDSON and LAND spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Printed Page 1964 . . . . . Thursday, April 25, 2002

The amendment was ruled out of order.

Amendment No. 12A

Senator RYBERG proposed the following Amendment No. 12A (4878R017.WGR), which was adopted (#23):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 9, by adding an appropriately numbered paragraph to read:

/ 72. . (GP: Other funds Study Committee) A joint study committee comprised of three members of the House of Representatives and three members of the Senate shall be formed to undertake a study of "other" funds collected and utilized by state government. The respective chairmen of the House Ways and Means Committee and the Senate Finance Committee shall appoint the members and each chairman shall appoint at least one member from the minority party. The study committee's scope of work shall include all sources of "other" income to the state, including, but not limited to, fees, fines, assessments, and property disposal. As part of its review the study committee shall examine the current fee structure of state government relating to all goods and services offered to any entity or member of the public by any state government organization and develop recommended public policies regarding the current fee structure and any potential changes to that fee structure. The study committee shall review current budgeting practices related to the use of "other" revenue by state government organizations and make recommendations regarding the approval and monitoring of those revenues. The study committee shall be provided staff support by the Ways and Means Committee, the Senate Finance Committee, the State Budget and Control Board, and other agencies of state government as appropriate to the purpose of this provision. The study committee shall submit a report, including recommended legislative changes if needed, to the Chairmen of the Ways and Means Committee and the Senate Finance Committee not later than March 1, 2003. The study committee shall be dissolved immediately upon submission of its report. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

ACTING PRESIDENT PRESIDES

At 6:17 P.M., Senator McCONNELL assumed the Chair.

Printed Page 1965 . . . . . Thursday, April 25, 2002

Senator RYBERG continued arguing in favor of the adoption of the amendment.

Senator SETZLER spoke on the amendment.

The amendment was adopted.

Amendment No. 14

Senators McGILL, O'DELL, RANKIN and ELLIOTT proposed the following Amendment No. 14 (NC8.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, afterline 9, by adding an appropriately numbered paragraph to read:

/From Subfund 4098, Atmc Wste Brl Fd - Chm Nclr,/ in the State Treasurer's Office, the amount of one million dollars shall be transferred to the Department of Parks, Recreation and Tourism and used for promotion of the state's tourism industry./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McGILL explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 29

Senator LEVENTIS proposed the following Amendment No. 29 (9081SD02.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph to read:

/ 72.__. (GP: Retirement Service Credit - Health Insurance) (A) When certified in writing by an agency director that a state employee has been terminated as a result of an agency reduction in force caused by a mandated reduction in the agency budget, and the terminated employee does not have sufficient creditable service to qualify for service retirement with an immediate annuity, including early retirement pursuant to Section 9-1-1515 of the 1976 Code, but is eligible to establish service credit sufficient to allow the employee to

Printed Page 1966 . . . . . Thursday, April 25, 2002

retire under service retirement with an immediate annuity and the amount of service credit required to be established is two years or less, then the terminated employee is eligible to have his employer, by means of an employer contribution, make the payment to establish credit for the employee. To be eligible to have this employer paid contribution, the employee must retire. Employer contributions made pursuant to this paragraph are deemed to be made pursuant to Section 9-1-1140(H) or 9-11-50(H) of the 1976 Code. Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, or any other provision of law, persons for whom service credit is purchased by their employer pursuant to this subparagraph qualify for state-paid health and dental insurance.

(B) A state employee terminated after December 31, 2001, for the reasons and with the certification provided in subparagraph (A) who, as of July 1, 2002, is not receiving a service retirement annuity under SCRS or SCPORS, and who meets the creditable service requirements of subparagraph (A) is eligible for the employer payment provided pursuant to subparagraph (A), notwithstanding any other provision of law applicable to establishing service credit under these systems. No employer contribution may be made on behalf of such an employee unless the employee actually retires. For purposes of determining what constitutes an "immediate annuity", only for former employees under this subparagraph, the employee is deemed to have been terminated July 1, 2002. Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, or any other provision of law, persons for whom service credit is purchased by their employer pursuant to this subparagraph qualify for state-paid health and dental insurance as of July 1, 2002.

(C) State agencies paying the retirement benefits authorized by this paragraph may be reimbursed for the cost of these benefits from the state general fund upon application to the Comptroller General up to a total amount for all agencies of three million dollars. The Comptroller General shall develop suitable procedures to provide for the equitable distribution of this three million dollars among all eligible agencies. The amount of three million dollars is hereby withdrawn from the Extended Care Maintenance Fund established under Section 13-7-10 of the 1976 Code on July 1, 2002, to pay for these costs. The General Assembly in the 2003-2004 General Appropriations Act shall restore to the Extended Care Maintenance Fund the three million dollars withdrawn pursuant to this paragraph. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Printed Page 1967 . . . . . Thursday, April 25, 2002

Senator LEVENTIS explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 46

Senators GROOMS, MATTHEWS, PINCKNEY and HUTTO proposed the following Amendment No. 46 (11659AC02.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, immediately after line 9 by adding an appropriately numbered paragraph to read:

/72.__ (G.P.: Colleton County Veterans Nursing Home Bond Authorization) For the purpose of raising funds for the Colleton County Veterans Nursing Home, the following is added to item (f) of Section 3 of Act 1377 of 1968:

"Veterans Nursing Home located

In Colleton County $2,900,000

Total $2,900,000

The aggregate principal indebtedness on account of bonds issued pursuant to Act 1377 of 1968 is increased by $2,900,000."/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senators GROOMS and MOORE desired to be recorded as voting against the motion to table the amendment.

Amendment No. 56A

Senators RYBERG, RICHARDSON and HUTTO proposed the following Amendment No. 56A (4878R016.WGR), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 9, by adding an appropriately numbered paragraph to read:

Printed Page 1968 . . . . . Thursday, April 25, 2002

/ 72. . (GP: Restore Earmarked and Restricted Funds) Any funds taken from any restricted or earmarked account in this section, including, but not limited to, the Barnwell Atomic Waste account, shall be repaid to those respective accounts in three equal annual installments beginning June 30 of 2004, 2005 and 2006. In addition to repaying the actual amount of the funds that were taken from these accounts, an amount equal to the interest that would have been earned on the funds taken will also be repaid. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

Senator LEATHERMAN spoke on the amendment.

Point of Order

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators RYBERG and MARTIN spoke on the Point of Order.

The ACTING PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

RECESS

At 6:48 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.

At 6:51 P.M., the Senate resumed.

RECESS

At 6:54 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed five minutes.

At 6:59 P.M., the Senate resumed.

Amendment No. 63

Senators LEATHERMAN, ALEXANDER, ANDERSON, BRANTON, COURSON, DRUMMOND, ELLIOTT, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAYES, HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN,

Printed Page 1969 . . . . . Thursday, April 25, 2002

MATTHEWS, McGILL, MOORE, O'DELL, PATTERSON, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, SETZLER, SHORT and J. VERNE SMITH proposed the following Amendment No. 63 (BEH16.DOC), which was adopted (#24):

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 14, after line 22, by:

COLUMN 7 COLUMN 8

/ INSERTING: First Steps 11,000,000 11,000,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the adoption of the amendment.

Amendment No. 64

Senator LEATHERMAN proposed the following Amendment No. 64 (BEH15A.DOC), which was adopted (#25):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, line 22, by striking /$37,114,632/ and inserting /48,114,632/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Motion Adopted
Section 1A Closed

On motion of Senator LEATHERMAN, with unanimous consent, no further amendments to Section 1A would be accepted on the Desk with the exception of any necessary perfecting and balancing amendments.

Amendment No. 48

Senator SHORT proposed the following Amendment No. 48 (APP-SHORT-9), which was adopted (#26):

Printed Page 1970 . . . . . Thursday, April 25, 2002

Amend the bill, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 377, paragraph 1.57 by deleting line 9 through 12 and inserting the following:

/ waived. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Amendment No. 61

Senators LAND, MOORE and SETZLER proposed the following Amendment No. 61 (APP-MOORE-1), which was adopted (#27):

Amend the bill, as and if amended, Section 1B, Department of Education, page 378, by adding an appropriately numbered paragraph to read:

/ 1.__. (SDE: Budget Reduction) In compensating for any reduction in funding, local districts must give priority to preserving classroom teachers and operations. Funding reductions should first be applied to administrative and non-classroom expenses before classroom expenses are affected. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 62

Senator RANKIN proposed the following Amendment No. 62 (NC20.DOC), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, after line 34, by adding an appropriately numbered paragraph to read:

Printed Page 1971 . . . . . Thursday, April 25, 2002

earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term. Necessary expenses associated with the work of this task force shall be paid from funds appropriated in Part IA, Section1 II, Other Operating Expenses. The task force shall report its findings to the State Board of Education no later than September 15, 2002. The State Board of Education shall then adopt and the school districts of the State shall begin using this recommendation for a beginning date for the annual school term no later than 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./

Renumber sections to conform.

Amend sections, totals and title to conform.

Point of Order

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The ACTING PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 45

Senators RITCHIE, HAYES and HUTTO proposed the following Amendment No. 45 (JLB2.DOC), which was adopted (#28):

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION OF HIGHER EDUCATION, page 397, paragraph 5A.11, line 12, by striking /$125/ and inserting /$250/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Amendment No. 36

Senators HUTTO and SHORT proposed the following Amendment No. 36 (APP-HUTTO-2), which was adopted (#29):

Printed Page 1972 . . . . . Thursday, April 25, 2002

Amend the bill, as and if amended, Part IB, Section 8, paragraph 8.21, line 6 by adding to the end of the paragraph the following:

/ Pharmacists, upon receipt of a prescription for a pharmaceutical having a less costly equivalent product, shall consult with the prescribing physician to insure compliance. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 32

Senator RYBERG proposed the following Amendment No. 32 (NC010.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 408, paragraph 8.29, lines 16-33, by striking the proviso in its entirety ./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 54

Senator GROOMS proposed the following Amendment No. 54 (NC14.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 432, afterline 32, by adding an appropriately numbered paragraph to read:

/24. .(DNR: Berkley County Rescue Squad) Of the total amount allocated to Berkley County from the Water Recreation Fund in accordance with statutory provisions governing the Fund, the amount of $40,000 shall be allocated to the Berkley County Rescue Squad for the purpose of acquiring a rescue boat./

Renumber sections to conform.

Amend sections, totals and title to conform.

Printed Page 1973 . . . . . Thursday, April 25, 2002

Senator GROOMS explained the amendment.

Senator McGILL spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 43

Senator REESE proposed the following Amendment No. 43 (MLS-SPART RENAISSANCE.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 437, after line 15, by adding an appropriately numbered paragraph to read:

/27.__. (CMRC: Spartanburg Renaissance Project) The Department of Commerce is permitted to extend the repayment deadline for the Spartanburg Renaissance Project into the following fiscal year./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 57A

Senator HUTTO proposed the following Amendment No. 57A (NC12A.DOC), which was adopted (#30):

Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 439, after line 22, by adding an appropriately numbered paragraph to read:

/30. .(JUD: Handling Fee) In addition to the fee imposed in Section 20-7-1440(C), there is an additional fee of two percent imposed for handling payments for the support of spouses or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly. This additional handling fee must be paid by the party required to pay the support in addition to the support money paid. This additional handling fee applies only to payments that are initiated, pursuant to appropriate court order, after June 30, 2002. On-going payments that were initiated prior to July 1, 2002, will continue to have

Printed Page 1974 . . . . . Thursday, April 25, 2002

the three percent handling fee surcharge that was in effect prior to July 1, 2002.

The revenue from this additional fee must be remitted to the county in which the proceeding is instituted. Fifty-six percent of these filing fee revenues must be deposited in the general fund of the county and forty-four percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the State's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The state treasurer shall deposit the additional state revenue from this fee in an account for the use of the South Carolina Judicial Department./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 49

Senators LEATHERMAN, McCONNELL, DRUMMOND, COURSON, and VERDIN proposed the following Amendment No. 49 (MLS-MARITIME2.DOC), which was adopted (#31):

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 483, paragraph 63.9, line 27, by inserting at the end of the stricken language:

/ Pursuant to the Option Agreement entered into by the State to purchase the Southern Maritime Collection, the Budget and Control Board, on behalf of the Hunley Commission is authorized to purchase the Collection and the Hunley Commission will assume custody and management of the Collection for the State. The board must develop a financial plan, using the State Treasurer's Master Lease Program, assumption of the existing loans on the Collection, some other financial structure, or a combination of these approaches, to purchase and fund the custody and management of the Collection. The financial plan developed by the board must be submitted to the State Treasurer's Office for review. The State Treasurer is directed to transfer the balance remaining as of June 30, 2002 of administrative funds saved by suspension of the IPP program to the board. The board is authorized to use up to $500,000 of the funds transferred for implementation of this proviso. The balance of the funds transferred may be used by the

Printed Page 1975 . . . . . Thursday, April 25, 2002

board for costs associated with other Museum operations. The General Assembly will provide for funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection. Further, the board is authorized to continue the Option Agreement until such time as the board has developed the financial plan and purchased the Collection. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 27

Senators GROOMS, MATTHEWS, PINCKNEY and HUTTO proposed the following Amendment No. 27 (9080SD02.DOC), which was tabled:

Amend the bill, as and if amended, in Part IB, Section 63, BUDGET AND CONTROL BOARD, page 492, by amending Paragraph 63.66 to read:

/ 63.66. (BCB. Colleton County Veterans Nursing Home) Of the funds appropriated to the Budget and Control Board for the State engineering function, the board shall review the project for a 280 bed veterans nursing home facility in Colleton County. The General Assembly finds that a 280 bed veterans nursing home is in the best interests of this State and commits to this project. The board may notify the U. S. Department of Veterans Affairs of this support. To the extent that additional funding is needed to meet expenses before the end of the fiscal year, the board shall assist in identifying the necessary funding if available. It is the intent that this project begin as soon as practicable. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Printed Page 1976 . . . . . Thursday, April 25, 2002

Recorded Vote

Senators GROOMS, HUTTO, MATTHEWS and PINCKNEY desired to be recorded as voting against the motion to table the amendment.

Amendment No. 53

Senator SHORT proposed the following Amendment No. 53 (MLS-SPEC PAY PROVISION.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 493, afterline 3, by adding an appropriately numbered paragraph to read:

/63.__. (BCB: Special Pay Provision) For Fiscal Year 2002-03, state agencies are not authorized to award base pay increases to employees in full-time equivalent positions unless prior approval is received from the Budget and Control Board's Office of Human Resources. State agencies should only request, and the Budget and Control Board should only approve, pay increases in the most critical circumstances. For purposes of this proviso, base pay increases are considered to be increases in an employee's base salary in association with a reclassification or transfer, as well as those increases to reward additional duties/responsibilities, additional knowledge/skills, performance, or to retain the employee with the agency. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHORT explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 38

Senator HUTTO proposed the following Amendment No. 38 (APP-HUTTO-4), which was adopted (#32):

Amend the bill, as and if amended, Part IB, Section 72, paragraph 72.106, line 5 by adding to the end of the paragraph the following:

/ If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding in the Fiscal Year 2001-2002 and/or 2002-2003 appropriations bill to cover the costs of the uses of the fund, the State shall be solely and exclusively responsible for

Printed Page 1977 . . . . . Thursday, April 25, 2002

repaying an amount to restore funding to the Extended Care Maintenance fund. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 59

Senators RYBERG, KUHN, COURSON and BAUER proposed the following amendment (NC19.DOC), which was adopted (#33):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, by striking line 27, and inserting:

Printed Page 1978 . . . . . Thursday, April 25, 2002

to matters relating to the discharge of its duties under this proviso. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Health and Human Services, and other state agencies and institutions. Expenses of the study committee may be paid from appropriated funds of the House of Representatives upon approval of the Speaker of the House and from appropriated funds of the Senate upon approval of the President Pro-Tempore of the Senate. To avoid duplication, the committee will coordinate its work with any other state entity that is undertaking a similar study. The committee must make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Point of Order

Senator J. VERNE SMITH raised a Point of Order that the amendment was out of order inasmuch as it creates an unlawful delegation of authority under Gold v. South Carolina Board of Chiropractic Examiners.

Senator RYBERG spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator RYBERG continued speaking in favor of the adoption of the amendment.

Senator KUHN argued in favor of the adoption of the amendment.

Senator SHORT argued contra to the adoption of the amendment.

Senator RYBERG spoke on the amendment.

RECESS

At 8:00 P.M., with Senator RYBERG retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

At 8:30 P.M., the Senate resumed.

Senator RYBERG explained the amendment.

The amendment was adopted.

Printed Page 1979 . . . . . Thursday, April 25, 2002

Amendment No. 65

Senators RYBERG, RICHARDSON and HUTTO proposed the following Amendment No. 65 (11665AC02.DOC), which was adopted (#34):

Amend the bill, as and if amended, Part IB, Section 72 GENERAL PROVISIONS, page 533, immediately after line 9, by adding an appropriately numbered paragraph to read:

/72.__ (G.P.: ) The Budget and Control Board shall execute a nonnegotiable promissory note payable to Subfund 4693 Atomic Waste Burial Fund-Chem Nuclear Systems Inc., in an amount equal to the funds redirected to the General Fund from Subfund 4693 Atomic Waste Burial Fund-Chem Nuclear Systems Inc. pursuant to the General Appropriations Act of 2002-2003, including the interest that would have accrued on such funds had they remained in Subfund 4693. The note shall provide that it is payable in three equal annual installments and must be paid in full three years after the date of execution of the note./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Amendment No. 70

Senator RANKIN proposed the following Amendment No. 70 (NC20A.DOC), which was adopted (#35):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, after line 34, by adding an appropriately numbered paragraph to read:

/1. . (SDE: School Start Study) The State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than June 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a

Printed Page 1980 . . . . . Thursday, April 25, 2002

suggested uniform beginning date for the annual school term. Minimum necessary expenses, if any, associated with the work of this task force shall be paid from funds appropriated in Part IA, Section 1 II, Other Operating Expenses. The task force shall report its findings to the State Board of Education no later than September 15, 2002. The State Board of Education shall then promulgate regulations to provide for the implementation schedule to carry out the recommendations of the task force in the most practicable manner and timeframe possible./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Recorded Vote

Senators RITCHIE, MARTIN and VERDIN desired to be recorded as voting against the adoption of the amendment.

Amendment No. 71

Senators MATTHEWS, PINCKNEY and GROOMS proposed the following Amendment No. 71 (1953DW02.DOC), which was adopted (#36):

Amend the bill, as and if amended, Part IB, SECTION 72, GENERAL PROVISIONS, page 533, after line 9, by adding an appropriately numbered paragraph to read:

/ 72.___. (G.P.: Colleton County Veterans Nursing Home) For the purpose of raising funds for the construction of the Colleton County Veterans Nursing Home, the patient fee for veterans at the Campbell Nursing Home and the Stone Nursing Home is increased from twenty-seven dollars a day to thirty-seven dollars a day. The increase in the fee must be remitted to the State Treasurer to be credited to the Department of Mental Health for the construction of the Colleton County Veterans Nursing Home. As funds are received by the State Treasurer from this increase in the patient fee for veterans, the Treasurer must remit these funds to the Department of Mental Health to be used exclusively for the construction of the Colleton County Veterans Nursing Home. When $2,900,000 have been disbursed to the Department of Mental Health for the construction of the Colleton County Veterans Nursing Home, all funds in excess of $2,900,000

Printed Page 1981 . . . . . Thursday, April 25, 2002

must be remitted to the Department of Mental Health to be used for the operation of veterans nursing homes on an equitable basis. /

Renumber sections to conform.

Amend sections and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Amendment No. 68

Senators RYBERG and RICHARDSON proposed the following Amendment No. 68 (11666AC02.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, immediately after line 9, by adding an appropriately numbered paragraph to read:

/72.__(G.P.: Repayment of Funds redirected to the General Fund) The Budget and Control shall execute nonnegotiable promissory notes to each fund, excluding Subfund 4693 Atomic Waste Burial Fund Chem-Nuclear Systems Inc,. in an amount equal to the funds redirected from each fund to the General Fund pursuant to paragraph 72.97 of this section, including the interest that would have accrued on such funds had they remained in such funds. Each note shall provide that it is payable in three equal annual installments and must be paid in full three years after the date of execution of the note./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 21; Nays 12

AYES

Alexander                 Drummond                  Fair
Giese                     Hayes                     Kuhn
Land                      Leatherman                Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Pinckney

Printed Page 1982 . . . . . Thursday, April 25, 2002

Rankin                    Ravenel                   Setzler
Short                     Smith, J. Verne           Thomas

Total--21

NAYS

Bauer                     Branton                   Gregory
Grooms                    Hawkins                   Hutto
Mescher                   Peeler                    Richardson
Ritchie                   Ryberg                    Verdin

Total--12

The amendment was laid on the table.

Amendment No. 69

Senators PEELER and HUTTO proposed the following Amendment No. 69 (MLS-CIG STAMP STUDY.DOC), which was adopted (#37):

Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 498, after line 19, by adding an appropriately numbered paragraph to read:

/ 64.__. (DOR: Cigarette Stamp Study) The Department of Revenue must conduct a study in FY 2002-03 to determine whether the use of cigarette stamps will lead to greater enforcement of existing tax laws and increased revenue collection. The results of the study must be submitted to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor by February 1, 2003. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

Motion Adopted

Senator LEATHERMAN asked unanimous consent to make a motion that the Finance Committee be allowed to prepare the necessary technical and balancing amendment to be delivered to, and certified by,

Printed Page 1983 . . . . . Thursday, April 25, 2002

the Clerk and to be adopted upon his certification for inclusion in the Bill.

There was no objection.

Amendment No. 72
(Balancing Amendment)

Senator LEATHERMAN proposed the following Amendment No. 72 (MLSCORRECTING.DOC), which was adopted (#38):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, line 22, by striking /$37,114,632/ and inserting /$48,711,248/

Renumber sections to conform.

Amend sections, totals and title to conform.

The amendment was adopted.

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

Recorded Vote

Senators RYBERG and JACKSON desired to be recorded as voting against the third reading of the Bill.

Statement by Senator JACKSON

I want to be recorded as voting against the 2002-2003 Appropriation Bill because I strongly believe that Medicaid funding should come from raising the cigarette tax by twenty-two cents a package.

Statement by Senators SETZLER, COURSON and PEELER

69A.3. (AS-CG: Property Tax Relief Reimbursement) Notwithstanding any other provision of law, state reimbursements for the Property Tax Relief fund shall be funded in the same amount as in the prior fiscal year, except for the estimated growth in the seniors'

We vote against this section which caps property tax relief to the citizens of South Carolina.

AMENDED, AMENDMENT PROPOSED
MADE INTERRUPTED DEBATE

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

Printed Page 1984 . . . . . Thursday, April 25, 2002

CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

Senator LEATHERMAN 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 the third reading of the Bill.

Amendment No. 1

Senator LEATHERMAN proposed the following Amendment No. 1 (4879R003.HKL), which was adopted:

Amend the bill, as and if amended, Part IX, Section B., page 33, by deleting lines 14-43 in their entirety and on page 34 by deleting lines 1-32 in their entirety.

Amend the bill further, as and if amended, Part IX, Section C., page 34, by deleting lines 34-39 in their entirety.

Amend the bill further, as and if amended, Part IX, Section E., page 36, by deleting lines 23-28 in their entirety.

Amend the bill further, as and if amended, Part IX, Section G., page 37, by deleting lines 22-33 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 3

Senator J. VERNE SMITH proposed the following Amendment No. 3 (DKA\4864SD02), which was adopted:

Amend the bill, as and if amended, Part X, SECTION 1, South Carolina Department of Revenue, page 41, by inserting at the end a new subsection to read:

/ B. Section 12-54-240(B) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item to read:

"(23) disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services for the purpose of verifying Medicaid eligibility." /

Renumber sections to conform.

Printed Page 1985 . . . . . Thursday, April 25, 2002

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 5

Senator RICHARDSON proposed the following Amendment No. 5 (4879R004.SHR), which was carried over:

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

/ SECTION ___. Chapter 11, Title 1 of the 1976 Code is amended by adding Section 1-11-148 to read:

"Section 1-11-148. Notwithstanding any other provision of law, no funds of the Insurance Reserve Fund shall be loaned directly to agencies or entities or political subdivisions of the State of South Carolina, nor shall any of these funds be directly invested in any notes, bonds, or other debt obligations of the State of South Carolina or its subdivisions; the State Treasurer may continue to invest the funds of the Insurance Reserve Fund under the authority of existing law. It is the intent of the General Assembly that the funds of the Insurance Reserve Fund are to be used solely for the purpose of providing insurance and the administration and support of the insurance programs. This provision shall govern any transactions entered after the effective date." /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator MOORE spoke on the amendment.

On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 5 was carried over.

Amendment No. 7

Senator Leatherman proposed the following Amendment No. 7 (4879R005.HKL), which was adopted:

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

/ SECTION _____. Twenty-eight million five hundred thousand dollars earlier transferred from the Extended Care Maintenance Fund to

Printed Page 1986 . . . . . Thursday, April 25, 2002

colleges and universities, which money is currently in a secure revenue account, is hereby reappointed to be used by the Comptroller General to the benefit of the General Fund in fiscal year 2001-2002. This section takes effect on or before June 30, 2002. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 8

Senator LEATHERMAN proposed the following Amendment No. 8 (4879R012.HKL), which was adopted:

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

/ SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Made Interrupted Debate

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

Printed Page 1987 . . . . . Thursday, April 25, 2002

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Sara G. Davis, 162 S. Baldwin Rd., Simpsonville, S.C. 29680

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Dean Eugene Ford, 402 Foxhound Road, Simpsonville, S.C. 29681

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Don Irvin Hensley, 3600 Grandview Drive, Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Thomas E. Taylor, 8150 Augusta Road, Piedmont, S.C. 29673

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Herman Watson, 3905 Hill Street, Loris, S.C. 29569

Having received a favorable report from the Lancaster County Delegation, the following appointments were confirmed in open session:

Printed Page 1988 . . . . . Thursday, April 25, 2002

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Lee R. Deese, 3301 Lee Deese Rd., Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Johnny Ray Steele, 1027 Hilldale Drive, Lancaster, S.C. 29720

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Cleo Chapman of Sunset, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 26, 2002, it stand adjourned to meet next Tuesday, April 30, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 9:08 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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