Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, in Ephesians, Chapter 6:18, St. Paul writes:

"Pray in the Spirit at all times in every prayer and supplication. To that end keep alert and always persevere in supplications for all the saints."
Let us pray.

Father, we understand that in apostolic times the word "saints" referred to all believers. Paul was saying: "Pray in the Spirit," and "pray for each other" and "persevere."

We do pray for each other, that we may instruct each other and support each other. Our goal is the same: the best for all our people. We often differ on means and method!

But give us the guidance of The Spirit!
Amen.

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

The following appointment was transmitted by the Honorable James H. Hodges:

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005

2nd Congressional District

Clifford Bush III, Esquire, 1001 Craven St., Beaufort, S.C. 29902

Referred to the Committee on Judiciary.

The following appointment was transmitted by Bradford W. Wyche, Chairman of the South Carolina Board of Health and Environmental Control:

Initial Appointment, Director of the Department of Health and Environmental Control, with term to commence August 1, 2001, and to expire August 1, 2005

C. Earl Hunter, 128 Saddlebrooke Rd., Lexington, SC 29072 VICE Douglas E. Bryant

Referred to the Committee on Medical Affairs.

On motion of Senator MOORE, with unanimous consent, Senators McCONNELL, RITCHIE and MOORE were granted leave to attend a meeting of the Judicial Screening Committee, be counted in any quorum calls, and be allowed to vote from the balcony.

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

Document No. 2729
Agency: Department of Labor, Licensing and Regulation
Board of Pharmacy
Subject: Fees
Received by Lieutenant Governor April 26, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration August 24, 2002
Subject to Sine Die Revision

On behalf of Senator WALDREP, Senator ALEXANDER introduced Dr. Hunter Woodall and Resident Doctor, Lee Church, of Anderson, S.C., Doctors of the Day.

S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.

Senator MOORE 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 and was read the second time and ordered placed on the third reading Calendar.

On motion of Senator MOORE, S. 1246 was ordered to receive a third reading on Wednesday, May 1, 2002.

H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT 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 GIESE 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 and ordered placed on the Calendar for consideration tomorrow.

H. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE 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 GIESE 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 and ordered placed on the Calendar for consideration tomorrow.

H. 4757 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.

Senator FAIR asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE 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 VERDIN 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 and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1251 (Word version) -- Senators McConnell, Hayes, Ford and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-125 SO AS TO DESIGNATE THE DEPARTMENT OF CRIME VICTIM SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM SERVICES, AND THE VICTIM SERVICES OVERSIGHT COMMISSION; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT OF CRIME VICTIM SERVICES; TO AMEND SECTION 1-30-110, RELATING TO THE DIVISIONS OF THE OFFICE OF GOVERNOR, SO AS TO DELETE THE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION 16-3-1110, AS AMENDED, SECTIONS 16-3-1130, AS AMENDED, 16-3-1140, 16-3-1150, 16-3-1160, 16-3-1170, AS AMENDED, 16-3-1180, AS AMENDED, 16-3-1200, SECTION 16-3-1220, AS AMENDED, SECTION 16-3-1230, AS AMENDED, SECTION 16-3-1260, AS AMENDED, SECTION 16-3-1270, AS AMENDED, SECTIONS 16-3-1290, 16-3-1330, AS AMENDED, 16-3-1340, AS AMENDED, AND 16-3-1350, ALL RELATING TO THE VICTIM COMPENSATION FUND, ITS REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS FOR TECHNICAL CHANGES TO COMPORT WITH THE ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO REPEAL SECTION 16-3-1120.
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Read the first time and referred to the Committee on Judiciary.

S. 1252 (Word version) -- Senators Grooms, Matthews and Pinckney: A BILL TO REPEAL ACT 917 OF 1964 RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator GROOMS, with unanimous consent, S. 1252 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1253 (Word version) -- Senator Waldrep: A BILL TO PROVIDE THAT DESIGNATED PARCELS OF PROPERTY IN ANDERSON COUNTY ARE MADE A PART OF ANDERSON COUNTY SCHOOL DISTRICT FIVE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1254 (Word version) -- Senators Ravenel, Branton, Ford, Grooms, Kuhn, McConnell, Mescher and Pinckney: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.
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The Concurrent Resolution was introduced and, on motion of Senator RAVENEL, with unanimous consent, ordered placed on the Calendar without reference.

S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1256 (Word version) -- Senators Courson, Giese, Patterson and Jackson: A SENATE RESOLUTION TO RECOGNIZE THE FIRM OF WILBUR SMITH ASSOCIATES FOR ITS MANY PROFESSIONAL AND CORPORATE ACCOMPLISHMENTS OVER THE COURSE OF ITS 50 YEAR HISTORY AND TO CONGRATULATE THEM ON THE

The Senate Resolution was adopted.

S. 1257 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-15-915 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION ACTING AS A STATE INSTRUMENTALITY MAY FURTHER RESTRICT THE SPEED OF TRAINS OR LOCOMOTIVES PASSING IN CLOSE PROXIMITY TO TWO OR MORE ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, OR INSTITUTIONS OF HIGHER LEARNING, OR ANY COMBINATIONS THEREOF, WITHIN A DISTANCE SPECIFIED BY THE COMMISSION.
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Read the first time and referred to the Committee on Transportation.

H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.

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

H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS,

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

H. 4222 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4327 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, "SIMPSON PRICE ROAD" AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

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

H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.

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

H. 4844 (Word version) -- Reps. Davenport, Walker and Allison: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".

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

H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.

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

H. 4864 (Word version) -- Reps. Sheheen, Altman and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.

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

H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE

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

H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.

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

H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.

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

H. 4954 (Word version) -- Reps. Townsend, Martin, W.D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J.H. Neal, J.M. Neal, D.C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

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

H. 4956 (Word version) -- Reps. Cato, Wilkins, W.D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J.E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson, Jennings and Owens: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.

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

H. 4989 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER

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

H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G.M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.

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

H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.

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

H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison,

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

H. 5129 (Word version) -- Rep. Townsend: 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 introduced and referred to the Committee on Transportation.

H. 5155 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".

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

H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO

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

H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.

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

H. 5185 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS DEEPEST SYMPATHIES TO THE FAMILY AND MANY FRIENDS OF THE LATE HASKELL FRIERSON, SR., OF CLARENDON COUNTY, UPON HIS PASSING.

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

H. 5188 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING THE LAKE CITY HIGH SCHOOL WRESTLING TEAM OF FLORENCE COUNTY ON WINNING THE 2002 SOUTH CAROLINA WRESTLING COACHES ASSOCIATION INDIVIDUAL TOURNAMENT STATE CHAMPIONSHIP.

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

H. 5192 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill,

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

H. 5193 (Word version) -- Reps. Harvin, Kennedy and Snow: A CONCURRENT RESOLUTION TO HONOR AND TO EXPRESS SINCERE GRATITUDE TO DR. JOHN F. CLARK III OF COLUMBIA FOR HIS UNTIRING, DEDICATED, AND ENTHUSIASTIC SERVICE AS A TRUSTEE FOR THE COLLEGE OF CHARLESTON.

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

H. 5197 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.

The Concurrent Resolution was introduced and, on motion of Senator RAVENEL, with unanimous consent, ordered placed on the Calendar without reference.

Columbia, S.C., April 25, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.

Received as information.

Columbia, S.C., April 27, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

The following Bills 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. 3436 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS

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.

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. 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.

By prior motion of Senator McGILL, with unanimous consent

The following House Bills were read the third time and ordered returned to the House with amendments:

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

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

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

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.

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.

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

Senator MARTIN explained the Bill.

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

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

Senator BAUER proposed the following amendment (290R001.AB), which was adopted:

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

/   SECTION   1.   Section 3 of Act 789 of 1952 is amended to read:

"Section 3.   Such The authority shall consist of a board of seven members as follows: (1), the Mayor of Clinton, ex officio, shall serve as a member o f the authority and shall hold office for a terms corresponding to his term as Mayor of Clinton; (2), the Mayor of Newberry, ex-officio, shall serve as a member of the authority and shall hold office for a term corresponding to his term as Mayor of Newberry; (3), the Municipal Council of each of Clinton and Newberry shall elect two members of their respective councils who shall serve. ex officio, as members of the authority and shall hold office for terms corresponding to their respective terms as such councilmen. Immediately following the effective date of this act, the respective Municipal Councils of Clinton and Newberry shall adopt resolutions designating the members of the council chosen for membership on the authority; certified copies of such resolutions shall be filed with the official records of the

SECTION   2.   Section 4(10) of Act 789 of 1952 is amended to read:

"(10)   To enter into contracts of long duration for the sale of firm and interruptible gas only, but all of such contracts shall contain a provision permitting the authority to increase the price charged its customers for gas if the authority, in turn, shall be required to pay more for its gas than it did on the occasion that such contract was entered into, and no contract of any sort shall be entered into which shall not in

SECTION   3.   Section 5 of Act 789 of 1952 is amended to read:

"Section 5.   All net revenues derived from the system whose disposition the authority shall not have covenanted to otherwise dispose of shall be disposed of as follows:

(a).   That sum which reflects the proportion of revenue derived from the sale of firm gas shall be divided between Clinton and Newberry on the basis of firm gas sold within their respective municipal service areas. For the purposes of this section, the Clinton municipal service area is defined as all of the service area of the authority lying in Laurens County, and the Newberry municipal service area is defined as all of the service area of the authority lying in Newberry County. Firm gas sales shall mean gas sold on a non-interruptible basis. Fifty percent to the City of Clinton, irrespective of where the interruptible or firm gas is sold in the service areas of the authority; and

(b).   That sum which reflects the proportion of the revenue derived from the sale of interruptible gas shall be divided equally between Clinton and Newberry, irrespective of where such interruptible gas shall be sold. Interruptible gas shall mean gas not sold on a firm basis, but gas sold on an interruptible basis. Fifty percent to the City of Newberry, irrespective of where the interruptible or firm gas is sold in the service areas of the authority.

(c).   That portion of the net revenues to which Newberry shall be entitled, hereinafter specified, shall be used by the authority in the manner hereinafter provided to reimburse the authority for the actual cost of constructing that portion of the transmission line which lies between the northwestern municipal limits of Newberry and the line dividing the Counties of Newberry and Laurens. Such cost shall be determined on a per foot basis, in the ratio that the distance between the northwestern municipal limits of Newberry and the line dividing the Counties of Laurens and Newberry bears to the distance between the northwestern municipal limits of Newberry and the point where the said transmission line connects with the transmission line of the Transcontinental Gas Pipe Line Company at or near Fountain Inn. That sum which represents the annual principal and interest requirements on such portion of the construction bond issue as reflects the cost of the

SECTION   4.   Act 789 of 1952 is amended by adding:

"Section 4A.   (A)   The authority shall make a monthly full statement to each member of the legislative delegations representing Laurens and Newberry Counties.

(B)   The Public Service Commission shall have conducted an annual audit. A copy of the audit must be forwarded to each member of the legislative delegations representing Laurens and Newberry Counties."

SECTION   5.   Notwithstanding any other provision of law, the Clinton Newberry Natural Gas Authority shall retain one and one-half percent of annual revenues which must be used directly on the operation of the authority with the remainder of unencumbered revenues returned to its customers on a pro rata basis.

SECTION   6.   The terms of members serving on the effective date of this act are terminated on that date. All members shall serve until their successors are appointed and qualify.

SECTION   7.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator BAUER explained the amendment.

The amendment was adopted.

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

S. 1173 (Word version) -- Senators Waldrep and Leventis: 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The Agriculture and Natural Resources Committee proposed the following amendment (S1173.001):

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

/         Whereas, it is in the interest of public safety to regulate access to certain fertilizers, designated by the commission as restricted fertilizers, that may pose an unreasonable threat due to characteristics such as explosive capability. The intent of this act is to allow for monitoring of the distribution of restricted fertilizers in South Carolina and to encourage distributors to sell restricted fertilizers only to persons known to use these fertilizers for farm or garden purposes. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 46-25-20(2) of the 1976 Code, as last amended by Act 388 of 1992, is further amended by adding an appropriately lettered subitem at the end to read:

"( )   'restricted fertilizer' is a commercial fertilizer that is determined by the commission to present an unreasonable threat including, but not

SECTION   2.   Section 46-25-210 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:

"Section 46-25-210.   (A)   Each A company guaranteeing commercial fertilizer offered for sale, or to be sold, or distributed in this State to nonregistrants must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.

(1)   A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:

Tonnage Volume of

Registrant     License Fee

    0-5,000 tons     Fifty dollars

    5,001-25,000 tons   One hundred dollars

    More than 25,000 tons   Two hundred dollars

A new registrant shall pay a license fee of fifty dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority commission.

(2)   All brands and grades of specialty fertilizer offered for sale, or to be sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product.

(B)(1)   A person desiring to become a distributor of fertilizer shall obtain an annual permit from the commission before engaging in business. However, a person distributing only specialty fertilizers in packages of ten pounds or less is not required to obtain a permit unless

(2)   Permits must be issued in these categories:

(a)   A general fertilizer permit authorizes the permit holder to engage in the distribution of commercial fertilizers except those determined by the commission to be restricted fertilizers. A fee may be charged for this permit.

(b)   A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to a person attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder immediately shall report to the commission any suspect fertilizer purchase attempt. A restricted fertilizer permit holder shall record a valid driver's license number issued in the United States, or other picture identification card number approved for this use by the commission, for the purchaser of any restricted fertilizer. This information and any additional records required by the commission must be maintained by the permit holder for a minimum of two years. The Department of Public Safety shall provide access to the director to verify driver's license numbers or identification numbers and information required for compliance with this section. A registrant may obtain a restricted fertilizer permit by indicating on the application for registration the intent to distribute restricted fertilizers. A distributor or registrant may not supply restricted fertilizers to a distributor, or other persons or entities for resale who do not hold a valid restricted fertilizer permit. The annual fee for this permit is two hundred and fifty dollars.

(C)(1)   A person who violates a provision of this section is subject to the criminal penalties prescribed by Section 46-9-90(A) and the civil penalties prescribed by this chapter.

(2)   If a person distributes commercial fertilizers without a valid permit, the commission shall place a stop sale order on all of the person's commercial fertilizers until the person obtains a valid permit.

(D)   Information identifying a holder of a permit issued pursuant to subsection (B) is exempt from public disclosure under Section 30-4-40(a)(4)."

SECTION   3.   Section 46-25-1170 of the 1976 Code, as added by Act 595 of 1988, is amended to read:

"Section 46-25-1170.   In addition to a denial, suspension, revocation, or modification of a provision of a license, permit, or certificate, or any other penalty provided in this chapter, a person who violates a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense."

SECTION   4.       Section 46-25-810 of the 1976 Code, as last amended by Act 388 of 1992, is further amended to read:

"Section 46-25-810.   For the purpose of carrying out the provisions of this chapter, all registrants or guarantors who distribute or sell any commercial fertilizer in South Carolina shall pay to the State Treasurer division an inspection tax of twenty-five cents for each ton of commercial fertilizer sold. A report of tonnage shall be is due and the inspection tax payable monthly on the fifteenth day of the following month covering tonnage of commercial fertilizer sold during the preceding month by the registrant or guarantor transacting, distributing, or selling to a nonregistrant. If the tonnage report is not filed and the payment of inspection taxes is not made within fifteen days after the date due, a collection fee amounting to ten per cent of the amount due shall must be assessed against the guarantor, and the amount of fees due shall constitute constitutes a debt and become the basis of a judgment against the guarantor. If the tonnage report is not filed and the payment of the inspection tax and collection fee is not made within thirty days after the date due, or if the report be is false, fifteen days after due written notice and opportunity for hearing have been given, the commission may cancel the registration of commercial fertilizer registered by the delinquent guarantor."

SECTION 5.   Section 59-119-130 of the 1976 Code is repealed.

SECTION 6.   This act takes effect July 1, 2002.       /.

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 3174 (Word version) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

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

The Education Committee proposed the following amendment (GJK\20769SD01), which was adopted:

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

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

"Section 59-65-46.   A foster parent may teach a foster child at home as provided in Sections 59-65-40, 59-65-45, or any other provision of law, if, in addition to any other requirements, home schooling of the child has been approved by the Department of Social Services or other agency having custody of the child." /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

S. 329 (Word version) -- Senators Leatherman, Alexander, Branton, Courson, Elliott, Ford, Gregory, Grooms, Hawkins, Hayes, Holland, Jackson, Land, Leventis, Matthews, McGill, Mescher, O'Dell, Patterson, Pinckney, Ravenel, Reese, Short, Verdin and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37, RELATING TO CONSUMER PROTECTION, SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

Senator RICHARDSON asked unanimous consent to recommit the Bill to the Committee on Banking and Insurance.

There was no objection.

The Bill was recommitted to the Committee on Banking and Insurance.

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.

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

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,

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

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.

Senator RITCHIE explained the Bill.

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

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

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

At 12:45 P.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.

There was no objection and a message was sent to the House accordingly.

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

H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO MAKE CERTAIN OTHER CHANGES RELATED TO CONCEALED WEAPONS PERMITS. (ABBREVIATED TITLE)

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

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 30, 2002, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R283, S. 834 (Word version)) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST

(R284, S. 1020 (Word version)) -- Senators Thomas and Alexander: AN ACT TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
L:\COUNCIL\ACTS\1020ZCW02.DOC

(R285, S. 1183 (Word version)) -- Senators Leventis and Land: AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION

(R286, S. 1223 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION OF FAIRFIELD COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR FAIRFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE FAIRFIELD COUNTY ELECTION COMMISSION AND THE FAIRFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FAIRFIELD COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
L:\COUNCIL\ACTS\1223DW02.DOC

(R287, S. 1237 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.
L:\COUNCIL\ACTS\1237DW02.DOC

At 1:07 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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