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, a favorite illustration for Isaiah and Jeremiah in the Old Testament is the story of the potter and the clay. Hear Isaiah 45:9:
"Woe to you who strive with your Maker, earthen vessels with the potter!"
Let us pray.
Father, it seems that our firepower cannot break the spirit of the Taliban. They slip away and regroup!
Lord of Heaven and Earth, is it too much for us to pray that the time might soon be right for all the races and creeds of the earth to sing the same song?
"Have thine own way, Lord! Have thine own way!
Thou art the potter; I am the clay.
Mold me and make me after Thy Will,
While I am waiting, yielded and still."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2620
Agency: Department of Insurance
SUBJECT: Percentage Named Storm or Wind/Hail Deductible
Received by Lieutenant Governor April 26, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration August 24, 2001
(Subject to Sine Die Revision)
House LCI Committee Requested Withdrawal January 31, 2001
120 Day Period Tolled
Withdrawn February 6, 2002
On motion of Senator LEATHERMAN, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for today.
Senator GIESE, on behalf of Senator HOLLAND, introduced Dr. John B. Dubose of Camden, S.C., Doctor of the Day.
The following were introduced:
S. 1106 (Word version) -- Senator Waldrep: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, SO AS TO ENACT THE "SAVANNAH RIVER BASIN COMPACT" TO ESTABLISH THE FRAMEWORK FOR A MULTIPURPOSE PLAN TO BE ENTERED INTO BY SOUTH CAROLINA AND GEORGIA AND THE FEDERAL GOVERNMENT FOR THE CONSERVATION, UTILIZATION, DEVELOPMENT, MANAGEMENT, AND CONTROL OF THE WATER AND RELATED RESOURCES OF THE SAVANNAH RIVER BASIN; TO ESTABLISH THE SAVANNAH RIVER BASIN COMMISSION AND TO PROVIDE FOR ITS POWERS AND DUTIES, AMONG OTHER THINGS, TO OVERSEE THE USE OF THE WATER SUPPLY, POLLUTION CONTROL, FLOOD PROTECTION, WATERSHED MANAGEMENT, RECREATION HYDROELECTRIC POWER, AND THE WITHDRAWAL AND DIVERSION OF WATER.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1107 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY GENERAL PROVISIONS, BY DESIGNATING SECTIONS 23-1-15 THROUGH 23-1-225 OF THE 1976 CODE AS ARTICLE 1 OF CHAPTER 1, TITLE 23 NAMED "MISCELLANEOUS PROVISIONS"; AND BY ADDING SECTION 23-1-10 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY WHILE OFF DUTY AND MUST NOT BE DENIED THE RIGHT TO REFRAIN FROM ENGAGING IN POLITICAL ACTIVITY; AND BY ADDING ARTICLE 3, RELATING TO DUE PROCESS DISCIPLINARY PROCEDURES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE DEFINITIONS USED IN CONNECTION WITH DISCIPLINARY PROCEEDINGS FOR LAW ENFORCEMENT OFFICERS' DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTAIN RIGHTS AND RESPONSIBILITIES OF EMPLOYING AGENCIES AND LAW ENFORCEMENT OFFICES IN CONNECTION WITH INVESTIGATIONS INTO ALLEGATIONS THAT A LAW ENFORCEMENT OFFICER COMMITTED AN OFFENSE OR ENGAGED IN MISCONDUCT, TO PROVIDE FOR DUE PROCESS WHEN CONDUCTING DISCIPLINARY HEARINGS, TO PROVIDE FOR AGENCY REVIEW OF CERTAIN FINDINGS AND RECOMMENDATIONS BEFORE TAKING DISCIPLINARY ACTION OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, AND TO PROVIDE FOR APPEALS FROM AGENCY FINDINGS AND RECOMMENDATIONS RESULTING IN DISCIPLINARY OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER.
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Read the first time and referred to the Committee on Judiciary.
S. 1108 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF ABANDONED PROPERTY FOR PURPOSES OF THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE FOR NOTICE BY ELECTRONIC MEANS AS AN ALTERNATIVE TO NEWSPAPER PUBLICATION.
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Read the first time and referred to the Committee on Judiciary.
S. 1109 (Word version) -- Senators McConnell, Moore and Land: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
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Read the first time and referred to the Committee on Judiciary.
S. 1110 (Word version) -- Senators J. Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.
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Senator LEATHERMAN spoke on the Bill.
Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.
S. 1111 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 2002, AND FRIDAY, JUNE 14, 2002.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1112 (Word version) -- Senator Setzler: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING THE ESTABLISHMENT OF A GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO REQUIRE THE COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AT WHICH TIME THE COMMITTEE IS ABOLISHED.
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Read the first time and referred to the Committee on Education.
S. 1113 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CIVIL RIGHTS ACTIVIST AND COMMUNITY LEADER, ISAIAH BENNETT OF CHARLESTON, WHO PASSED AWAY FEBRUARY 24, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1114 (Word version) -- Senators Ford, Glover and Jackson: A SENATE RESOLUTION TO AMEND THE RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
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The Senate Resolution was introduced and referred to the Committee on Rules.
S. 1115 (Word version) -- Senators Giese and Leventis: A BILL TO AMEND SECTION 59-112-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF IN-STATE RATES BY MEMBERS OF THE ARMED FORCES, SO AS TO PROVIDE THAT MEMBERS OF THE ARMED FORCES ENROLLED IN THE SOUTH CAROLINA TROOPS-TO-TEACHERS ALTERNATIVE ROUTE TO CERTIFICATION PROGRAM ARE ENTITLED TO PAY IN-STATE RATES.
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Read the first time and referred to the Committee on Education.
S. 1116 (Word version) -- Senators Hayes and Land: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE USES OF THE STATE TWO PERCENT SALES TAX ON ACCOMMODATIONS, SO AS TO AMEND THE DEFINITION OF "TOURIST" BY DELETING THE REQUIREMENT THAT A PERSON STAY FOR ONE NIGHT OR MORE TO QUALIFY AS A TOURIST; AND TO AMEND SECTION 6-4-35, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.
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Read the first time and referred to the Committee on Finance.
H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
Read the first time and referred to the Committee on Judiciary.
H. 3957 (Word version) -- Reps. J.E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.
Read the first time and referred to the Committee on Judiciary.
H. 4383 (Word version) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J.R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: 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 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE.
Read the first time and referred to the Committee on Transportation.
H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: 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 A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
Read the first time and referred to the General Committee.
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.
Read the first time and referred to the Committee on Transportation.
H. 4432 (Word version) -- Reps. Owens, A. Young, Altman, Meacham-Richardson, 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 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
Read the first time and referred to the Committee on Transportation.
H. 4519 (Word version) -- Reps. Easterday and Campsen: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE WHICH HAS IMPRINTED ON IT THE EMBLEM, SEAL, OR ANOTHER SYMBOL OF AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE.
Read the first time and referred to the Committee on Transportation.
H. 4545 (Word version) -- Rep. Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.
Read the first time and referred to the Committee on Transportation.
H. 4680 (Word version) -- Reps. Talley and Lourie: 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 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.
Read the first time and referred to the Committee on Transportation.
H. 4712 (Word version) -- Rep. Easterday: A BILL TO AMEND SECTION 20-7-2725, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DAYCARE CENTERS FROM EMPLOYING PERSONS WHO HAVE BEEN CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FINANCIAL CRIME WHICH IS NOT A FELONY IS NOT PROHIBITED FROM BEING HIRED AND TO DEFINE "FINANCIAL CRIME".
Read the first time and referred to the Committee on Judiciary.
H. 4865 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND GEORGE W. LEROY FOR HIS LIFETIME OF SERVICE TO THE AMERICAN LEGION AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR ALL HIS EFFORTS ON BEHALF OF VETERANS IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4866 (Word version) -- Reps. Allison and Vaughn: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 10, 2002, "MISS SOUTH CAROLINA DAY AT THE CAPITOL" IN RECOGNITION OF THE BEAUTY, GRACE, AND TALENT OF MISS SOUTH CAROLINA 2001, JEANNA RANEY OF INMAN.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4873 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION SALUTING CHARLES M. JOYE II ON BEING NAMED "ENGINEER OF THE YEAR" FOR THE PIEDMONT CHAPTER OF THE SOUTH CAROLINA SOCIETY OF PROFESSIONAL ENGINEERS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4877 (Word version) -- Reps. Scarborough, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH ON WEDNESDAY, FEBRUARY 20, 2002, OF PAUL J. GELEGOTIS OF JAMES ISLAND, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, SUCCESSFUL BUSINESSMAN, AND THE FATHER OF EMERGENCY MEDICAL SERVICES IN CHARLESTON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4892 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO CONGRATULATE NEW HOPE CHRISTIAN FELLOWSHIP CHURCH IN GREENVILLE COUNTY ON THE OCCASION OF THE DEDICATION OF ITS NEW SANCTUARY AND TO EXTEND BEST WISHES TO THE CONGREGATION OF NEW HOPE THAT THE BUILDING WILL SERVE THEM FOR MANY YEARS TO COME
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 870 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE TAX THE GROSS PROCEEDS OF SALES OF ARTICLES OF CLOTHING PURCHASED BY A FOSTER PARENT FOR THE FOSTER PARENT'S FOSTER CHILD, TO PROVIDE THAT CLOTHING QUALIFYING FOR THE EXEMPTION, AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REQUIRE THAT EVIDENCE OF ELIGIBILITY IT DETERMINES NECESSARY FOR THE ADMINISTRATION OF THIS EXEMPTION.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4695 (Word version) -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J.M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D.C. Smith, J.R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper, A. Young and White: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Ordered for consideration tomorrow.
Columbia, S.C., March 7, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 36-9-109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
The House returned the Bill with amendments.
Senator RYBERG explained the House amendments.
On motion of Senator RYBERG, 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.
S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501(C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION.
The House returned the Bill with amendments.
Senator FAIR explained the House amendments.
On motion of Senator FAIR, 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.
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
The House returned the Bill with amendments.
Senator GROOMS proposed the following Amendment No. 3 (297R004.LKG), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. Notwithstanding any other provision of law, one million dollars annually from the Conservation Bank Trust Fund must be placed into a separate account within the trust fund and used for beach conservation in the manner the General Assembly shall provide. / Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 4 (BBM\10852HTC02), which was tabled:
Amend the bill, as and if amended, beginning on page 17, by striking SECTIONS 3, 4, and 5.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator THOMAS spoke on the amendment.
Senator WALDREP spoke on the amendment.
Senator RITCHIE spoke on the amendment.
Senator MARTIN spoke on the amendment.
Senator LEVENTIS spoke on the amendment.
Senator RICHARDSON spoke on the amendment.
Senator DRUMMOND spoke on the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator RICHARDSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Ford Giese Glover Gregory Hutto Kuhn Land Leventis Matthews McGill Moore Patterson Peeler Ravenel Richardson Setzler Thomas Waldrep
Alexander Anderson Bauer Branton Courson Fair Grooms Hawkins Hayes Leatherman Martin McConnell Mescher O'Dell Ritchie Ryberg Verdin
The amendment was laid on the table.
I rose to alert the Senate that the purpose of the conservation easement is to buy only an easement to allow green space to exist and does not allow public access to those properties on which the easement has been placed. I believe the public may not understand that the use of public money does not give the public a right to come upon a conservation easement property. It might be that the final version of the legislation will provide a designated amount of funds to allow access to the public, but, that will be a distinct minority of the properties, in my opinion. I rose to make sure the Senate was aware of this matter.
The Bill was ordered returned to the House, with amendment adopted February 28, 2002.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions 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. 4730 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE ADMINISTRATIVE RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2666, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4731 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE FINANCIAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2667, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4732 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR COUNTY RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 76 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY" AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.
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.
S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
S. 1093 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2668, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1061 (Word version) -- Senators Ravenel, Hutto, McConnell and Giese: A BILL TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.
Senator RAVENEL explained the Bill.
S. 740 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (SWB\5163DJC02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ___. Section 50-13-235 of the 1976 Code, as last amended by Act 402 of 1996, is further amended to read:
"Section 50-13-235. (A) It is unlawful to take or possess striped bass, rockfish, less than twenty-one inches in the following rivers, reservoirs, and their tributaries: Lakes Marion and Moultrie, the Congaree River, the Wateree River northward to the Lake Wateree Dam, the Lower Saluda River northward to the Lake Murray Dam, the Broad River from its confluence with the Lower Saluda River northward to the Columbia Dam, the Santee River southward to the Intercoastal Waterway, the Tailrace Canal from the Pinopolis Dam to the Cooper River, the Cooper River, including the east and west branches of the Cooper River downstream to the U.S. Highway 17 bridge, and in the Wando River.
(B) Notwithstanding subsection (A) or another provision of law, it is not unlawful for a person to take or have in his possession no more than two striped bass taken from Lake Marion or Lake Moultrie that are less than twenty-one inches in length." /
Amend the bill further, SECTION 1, page 1, line 35, Section 50-13-236(B), by striking subsection (B) in its entirety and inserting:
/ (B) Notwithstanding the provisions of subsection (A), the size limit on striped bass (rockfish) taken from Lake Murray is not in effect during the months of June, July, and August it is not unlawful for a person to take and have in his possession no more than two undersized striped bass taken from Lake Murray. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:
S. 1099 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (3481R001), which was adopted:
Amend the bill, as and if amended, Section 50-13-236, SECTION 1, page 1, line 42, by adding a new subsection to read:
/ (C) Notwithstanding subsection (A) or another provision of law, it is not unlawful for a person to take or have in his possession no more than two striped bass taken from Lake Marion or Lake Moultrie that are less than twenty-one inches in length during the months of July and August." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4413 (Word version) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W.D. Smith and Bowers: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators WALDREP and HUTTO proposed the following amendment (4413R001.RLW), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/ SECTION 1. Section 48-39-290(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device. ; A permit must be obtained from the department for items (2) through (7).
(8) existing groins may be reconstructed, repaired, and maintained. New groins may only be allowed on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed and existing groins may be reconstructed only in furtherance of an on-going beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:
(a) The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:
(i) establishment of new monuments;
(ii) determination of the annual volume and transport of sand; and
(iii) annual aerial photographs.
Subsequent monitoring requirements must be based on results from the first five-year report.
(b) Groins may only be permitted after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subsection (c).
(c) If the monitoring program established pursuant to subsection (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department must require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the pre-construction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment.
(d) Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project.
(e) Nothing in the section shall be construed to create a private cause of action, but nothing in this section shall be construed to limit a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are:
(i) the reconstruction or removal of a groin; and/or
(ii) restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subsection (c).
An adjacent or downdrift property owner that claims a groin has caused or is causing an adverse impact shall notify the department of such impact. The department shall render an initial determination within sixty (60) days of such notification. Final agency action shall be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.
A permit must be obtained from the department for items (2) through (8)."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1014 (Word version) -- Senators Hawkins, Grooms, Giese, Branton, Richardson, Peeler, Waldrep, Martin, Verdin, Thomas, Courson and Gregory: A BILL TO AMEND SECTION 44-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO REQUIRE PARENTAL CONSENT TO OBTAIN SAMPLES FOR TESTING AND TO PERFORM RESEARCH USING A SAMPLE TAKEN, TO AUTHORIZE A PARENT OR A PERSON OVER EIGHTEEN TO REQUEST IN WRITING THAT ANY SAMPLE TAKEN FOR TESTING BE DESTROYED AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE A REQUEST FORM ON ITS WEBSITE, TO REQUIRE THE DEPARTMENT TO DESTROY A SAMPLE FIFTEEN YEARS AFTER THE BIRTH OF A CHILD, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
S. 561 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-26-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF CONDITIONAL TEACHING CERTIFICATES BY THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE AWARDING OF CONDITIONAL CERTIFICATES AND PROVIDE THAT THE BOARD MAY AWARD A TEMPORARY TEACHING CREDENTIAL, UNDER CERTAIN CONDITIONS, TO A PERSON CHANGING CAREERS WHO DOES NOT QUALIFY FOR A PROFESSIONAL CERTIFICATE.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senators LEVENTIS and LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Cliff Goodwin, Jr. of Sumter, S.C. Mr. Goodwin was a member of the State Development Board in Sumter for many years. He had been involved in a variety of local civic activities in the Sumter community and was a big supporter of various institutions, including Morris College. He and his wife, Ruby, were married for more than 60 years. They had two sons, one of whom predeceased him. Mr. Goodwin's life was one of commitment and service, and he will be missed by all who had the privilege of knowing him.
At 1:39 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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