SENATE JOURNAL for Mar. 20, 2002 - South Carolina Legislature Online

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

Wednesday, March 20, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear St. John, writing in his First Epistle, 4:1:

"Beloved, let us love one another, because love is from God; everyone who loves is born of God and knows God."
Let us pray.

Father, these are hard words!

We know that the world is dying for the lack of brotherly love! But, it is mighty hard, Lord, to love some people!

We are told that there are innocent little children in the world that are taught to "hate America" before they learn the alphabet.

This seems some kind of a night for the human race.

We call our land "the land of the free and the home of the brave."

Father, help us to make it a land where people love and care for each other if, for no other reason but that St. John said, "Beloved, let us love one another, because love is from God; everyone who loves is born of God and knows God."
Amen.

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

Doctor of the Day

Senator GREGORY introduced Dr. Andrew J. Pate of Lancaster, S.C., Doctor of the Day.

CO-SPONSOR ADDED

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.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1109.

Motion to Ratify Adopted

At 2:31 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 11:15 A.M. on Thursday, March 21, 2002.

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

RECALLED

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

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the committee.

Senator J. VERNE SMITH spoke on the Bill.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1128 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 35-1-20 AND 35-1-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE SECRETARY OF STATE AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE SECRETARY OF STATE MAY RETAIN A PORTION OF THESE FEES AND PROCEEDS; AND TO REPEAL SECTION 1-7-115, RELATING TO THE DUTIES OF THE DIVISION OF SECURITIES BEING DEVOLVED UPON THE ATTORNEY GENERAL.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1129 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 24-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF WAGES EARNED BY PRISONERS WHO WORK AT PAID EMPLOYMENT IN A COMMUNITY OR IN A PRISON INDUSTRY PROGRAM, SO AS TO REVISE THE DISTRIBUTION OF A PRISONER'S WAGES IF RESTITUTION HAS NOT BEEN ORDERED BY A COURT, IF COURT-ORDERED RESTITUTION HAS BEEN SATISFIED, IF A PRISONER IS EMPLOYED IN A PRISON INDUSTRY PROGRAM, AND IF A PRISONER DOES NOT HAVE CHILD SUPPORT OBLIGATIONS; AND TO AMEND SECTION 24-3-315, AS AMENDED, RELATING TO THE DEPARTMENT OF CORRECTIONS' OBLIGATION TO ENSURE THAT AN INMATE PARTICIPATING IN A PRISON INDUSTRY PROGRAM IS PARTICIPATING ON A VOLUNTARY BASIS, SO AS TO DELETE A REFERENCE TO THE JUSTICE ASSISTANCE ACT OF 1984 AND TO PROVIDE THIS PROVISION COVERS PRISON INDUSTRY PROGRAMS UNDER CONTRACT WITH A PRIVATE SECTOR ENTITY.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1130 (Word version) -- Senators Giese, Ford, Leatherman, Land, Drummond, O'Dell, Moore, Grooms, Branton, McConnell, Waldrep, McGill, Glover, Jackson, Ravenel, Ritchie, Pinckney, Short, Courson, Gregory, Martin, Thomas, Verdin, Hayes and Matthews: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIRCUMSTANCES UNDER WHICH CERTAIN MILITARY PERSONNEL AND THEIR DEPENDENTS ARE CONSIDERED ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES WHETHER IN ACTIVE, RETIRED, OR SEPARATED STATUS WHO ARE ADMITTED TO AND ENROLLED IN THE SOUTH CAROLINA TROOPS-TO-TEACHERS ALTERNATIVE ROUTE TO CERTIFICATION PROGRAM ARE ELIGIBLE TO PAY IN-STATE TUITION FOR THE REQUISITE PROGRAM COURSE WORK.
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Read the first time and referred to the Committee on Education.

S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
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Read the first time and referred to the Committee on Finance.

S. 1132 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT.
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Read the first time and referred to the Committee on Finance.

S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
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Read the first time and referred to the General Committee.

S. 1134 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS AND THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING ARTICLE 12 SO AS TO PROVIDE AN ADMINISTRATIVE DUE PROCESS PROCEDURE FOR LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT, WHEN CERTAIN PERSONNEL ACTIONS ARE BROUGHT AGAINST A LAW ENFORCEMENT OFFICER, THE OFFICER MUST BE NOTIFIED OF THE ACTION AND BE GIVEN AN OPPORTUNITY TO PREPARE A RESPONSE TO THE ACTION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO IS FOUND GUILTY OF AN OFFICIAL DEPARTMENTAL CHARGE MAY APPEAL THE DECISION TO THE COURT OF GENERAL SESSIONS, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT BE PENALIZED FOR PURSUING HIS RIGHTS AS CONTAINED IN THIS ARTICLE, TO PROVIDE THAT AN OFF-DUTY LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY, AND TO PROVIDE THAT A SHERIFF, CHIEF OF POLICE, OR DIRECTOR OF PUBLIC SAFETY SHALL NOT IMPOSE A PENALTY GREATER THAN A PENALTY RECOMMENDED BY A DEPARTMENTAL DISCIPLINARY COMMITTEE OR BOARD UPON A LAW ENFORCEMENT OFFICER.
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Read the first time and referred to the Committee on Judiciary.

S. 1135 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-22 SO AS TO PROHIBIT A NONPROFIT ORGANIZATION FROM EMPLOYING OR PAYING A LOBBYIST TO REPRESENT IT IN THIS STATE.
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Read the first time and referred to the Committee on Judiciary.

S. 1136 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 5-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF CONDEMNATION BY A MUNICIPALITY, SO AS TO PROVIDE THAT THIS POWER DOES NOT INCLUDE OWNER-OCCUPIED RESIDENTIAL PROPERTY LOCATED OUTSIDE OF A MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 1137 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A MUNICIPALITY, SO AS TO AUTHORIZE A MUNICIPALITY TO CONSTRUCT AND OPERATE TELECOMMUNICATION AND CABLE TELEVISION SYSTEMS AND PROVIDE TELECOMMUNICATION AND CABLE SERVICES.
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Read the first time and referred to the Committee on Judiciary.

S. 1138 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS, SO AS TO DESIGNATE SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY".
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Read the first time and ordered placed on the Calendar without reference.

S. 1139 (Word version) -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE COMPOSITION AND QUALIFICATIONS OF MEMBERS OF THE HOSPITAL DISTRICT BOARD OF TRUSTEES.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1139--Ordered to a Second and Third Reading

On motion of Senator LAND, S. 1139 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1140 (Word version) -- Senators McConnell and Jackson: A BILL TO AMEND SECTIONS 20-7-8510 AND 20-7-8515, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE OFFENDER RECORDS, CONFIDENTIALITY, AND PROVIDING SUCH RECORDS TO STATE AGENCIES, SO AS TO AUTHORIZE PROVIDING THESE RECORDS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR CRIMINAL JUSTICE PURPOSES AND TO FURTHER PROVIDE THAT CRIMINAL JUSTICE PURPOSES INCLUDE USE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES IN EVALUATING CASES BEFORE THE BOARD IN PAROLE HEARINGS.
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Read the first time and referred to the Committee on Judiciary.

S. 1141 (Word version) -- Senators Waldrep and Grooms: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT ROLE THAT AGRICULTURE PLAYS IN THE DAILY LIVES OF EVERY AMERICAN AND, IN ACKNOWLEDGMENT OF THE FUTURE PROGRESS AND PROSPERITY OF THE NATION'S ECONOMY AND FOR THE ADVANCEMENT OF GREATER APPRECIATION OF FARMERS AND RANCHERS ACROSS THE NATION, PROCLAIM THE WEEK OF MARCH 17-23, 2002, AS NATIONAL AGRICULTURE WEEK AND RECOGNIZE MARCH 20, 2002, AS NATIONAL AGRICULTURE DAY IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1143 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NITROGEN OXIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2593, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1144 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2640, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1145 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1146 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

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

H. 3849 (Word version) -- Reps. Sinclair, J.E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F.N. Smith, W.D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins, J. Young and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.

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

H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.

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

H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.

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

H. 4878H. 4878 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110, SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA'S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL ASSEMBLY, AND COORDINATE THE ALLOCATION OF FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED TO THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP BOARD TO ENSURE APPROPRIATE REPRESENTATION OF EACH PARTICIPATING INSTITUTION; TO AMEND SECTION 59-29-190, RELATING TO A SCHOOL DISTRICT OFFERING ADVANCED PLACEMENT COURSES FOR ACADEMICALLY TALENTED STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO SUCCESSFULLY COMPLETES THE ADVANCED PLACEMENT REQUIREMENTS FOR A COURSE AND WHO RECEIVES A SCORE OF THREE OR HIGHER ON THE ADVANCED PLACEMENT EXAM SHALL RECEIVE ADVANCED PLACEMENT CREDIT IN EACH POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT, IN INSTANCES WHERE THE EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN NEED-BASED GRANTS AND THE PALMETTO FELLOWS PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS IN EITHER PROGRAM, THE COMMISSION ON HIGHER EDUCATION HAS THE AUTHORITY TO REALLOCATE REMAINING FUNDS BETWEEN THE TWO PROGRAMS; AND TO PROVIDE THAT PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, RELATING TO ABATEMENT OF TUITION RATES FOR NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY WAIVE THE NONRESIDENT PORTION OF TUITION AND FEES FOR CERTAIN STUDENTS PARTICIPATING IN INTERNATIONAL SISTER-STATE AGREEMENT PROGRAMS ON A RECIPROCITY BASIS; TO AMEND SECTION 59-112-60, RELATING TO FACULTY AND ADMINISTRATIVE EMPLOYEES OF COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE IN ACCORDANCE WITH BUDGET AND CONTROL BOARD GUIDELINES AND REGULATIONS; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS THAT A FACILITY DISPENSING PRESCRIPTION DRUGS AND DEVICES MUST HAVE A PERMIT ISSUED BY THE BOARD OF PHARMACY AND MUST HAVE A PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENTS FROM THESE REQUIREMENTS; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT THAT A PHARMACY MAY NOT OPERATE WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE PHYSICALLY PRESENT AND THAT A PERSON MAY NOT SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT PHARMACIES; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A YEAR OR ITS EQUIVALENT; BY ADDING SECTION 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY THE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, THE AGENCY MAY REMOVE CERTAIN RECORD AND NONRECORD MATERIALS FROM ITS COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION OR BY SALE AT PUBLIC AUCTION UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 51-1-40, AS AMENDED, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR ADMISSION FOR PARKS AND RECREATIONAL FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO IMPOSE A FEE FOR VACATION GUIDES, RESEARCH REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE DISPOSITION OF THE REVENUE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP OPERATED BY THE DEPARTMENT AT THE BOYLESTON HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO SELL, EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS DERIVED FROM THE SALE OF STATE PARK PROPERTY AND CREDIT THE FUNDS TO THE RECREATION LAND TRUST FUND; BY ADDING SECTION 24-21-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL RECEIVE A HEARING FEE UNDER A PLAN APPROVED BY THE BUDGET AND CONTROL BOARD; BY ADDING SECTION 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON PLACED ON ELECTRONIC MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FEE IS PAID AND RETAINED BY THE DEPARTMENT; TO AMEND SECTION 24-21-490, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE COLLECTION FEES AND CARRY FORWARD UNEXPENDED FUNDS FOR THE PURPOSE OF COLLECTING AND DISTRIBUTING RESTITUTION; BY ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF DEPARTMENT EMPLOYEES; BY ADDING SECTION 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO RESTITUTION TO SECONDARY VICTIMS AND THIRD-PARTY PAYEES AND RESTITUTION CENTER BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MAINTAIN A MINIMUM OF TWELVE RESTITUTION CENTER BEDS FOR EVERY TWO THOUSAND FIVE HUNDRED OFFENDERS; BY ADDING SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL AND OTHER EXPENSES INCURRED BY EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR OFFICIAL BUSINESS IN ACCORDANCE WITH APPLICABLE POLICIES AND REGULATIONS; BY ADDING SECTION 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR THE PAYMENT OF THE EXPENSES OR COMPENSATION, OR BOTH, OF THE GENERAL ASSEMBLY MUST BE PREPARED BY THE CLERKS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY AND TO AUTHORIZE THE CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE COUNCIL, SUBJECT TO APPROVAL, TO ISSUE WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY EXTRA CLERICAL OR OTHER SERVICES; BY ADDING SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS OF THE SENATE AND THE HOUSE SHALL HAVE INSTALLED A TELEPHONE SERVICE TO BE USED BY THE MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THE EXECUTIVE DIRECTOR OF RESEARCH AND THE DIRECTORS OF RESEARCH FOR EACH STANDING COMMITTEE WITH THE ADVICE AND CONSENT OF THE CHAIRMAN OF EACH STANDING COMMITTEE AND TO PROVIDE FOR THE APPOINTMENT AND PAY OF TEMPORARY OR PERMANENT HOUSE RESEARCH ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 10-1-45, SO AS TO PROVIDE THAT ANY IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE MUST BE RECOMMENDED OR APPROVED BY THE STATE HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND REQUIRE THAT BIDDING, EXECUTING, AND CARRYING OUT OF CONTRACTS MUST BE IN ACCORDANCE WITH STANDING REGULATIONS AND PROCEDURES FOR OTHER WORK OF THE SAME TYPE APPLICABLE TO AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR ANNUAL LEAVE AND INSURANCE FOR NURSING PERSONNEL STAFFING THE STATE HOUSE AND THE L. MARION GRESSETTE SENATE OFFICE BUILDING; TO AMEND SECTION 2-7-80, RELATING TO PRINTING AND FURNISHING OF COPIES OF STATEWIDE AND LOCAL ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A PRINTED STATEWIDE ACT BE FURNISHED TO EACH COUNTY CLERK OF COURT AND COUNTY GOVERNING BODY; BY ADDING SECTION 8-11-198, SO AS TO PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY CALENDAR DAY; BY ADDING SECTION 2-3-175, SO AS TO PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM ENGAGING IN OUTSIDE EMPLOYMENT DURING WORKING HOURS EXCEPT WITH PERMISSION AND TO REQUIRE THE EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT FROM TAXATION COPIES OF OR ACCESS TO LEGISLATION AND OTHER INFORMATIONAL DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, RELATING TO ORGANIZATION AND COMPENSATION OF MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO DOES NOT USE ALL OF HIS ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE EXPENSES MAY USE REMAINING FUNDS IN ONE CATEGORY IN THE OTHER CATEGORY DURING THAT YEAR; TO AMEND SECTION 2-3-170, RELATING TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, MERIT PAY, OR BONUS AMONG THE STAFF OF THE HOUSE OF REPRESENTATIVES; BY ADDING SECTION 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE GENERAL ASSEMBLY FROM LAWS OR REGULATIONS REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR OTHER EXECUTIVE BRANCH AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW AND NOT PARDONED MAY NOT RECEIVE COMPENSATION OR EXPENSES OTHERWISE PAID MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; BY ADDING SECTION 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ESTABLISH AND COLLECT FEES, INCLUDING DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY ADDING SECTION 1-5-60 SO AS TO ALLOW THE SECRETARY OF STATE TO ESTABLISH, COLLECT, AND RETAIN FEES FOR DISHONORED CHECKS AND USE THE RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING THE CHECKS AND TO PROVIDE THAT THESE RETAINED DISHONORED CHECK FEES MAY BE CARRIED FORWARD TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS OF LUMP SUM AGENCIES BY THE COMPTROLLER GENERAL FOR PROPER ACCOUNTING AND FACILITATED REPORTING; BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE OPERATING COSTS AND MANAGE FUNDS TO ENSURE THE ADMINISTRATION OF THE STATEWIDE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 8-11-165, AS AMENDED, RELATING TO AGENCY HEAD SALARY ADJUSTMENTS, SO AS TO PROVIDE FOR A SALARY STUDY EVERY FOUR YEARS, INSTEAD OF THREE, WITH THE COST SHARED BY PARTICIPATING AGENCIES; TO PROVIDE THAT AN ADJUSTMENT EXCEEDING THE ESTABLISHED RANGE MUST HAVE THE PRIOR RECOMMENDATION OF THE AGENCY HEAD SALARY COMMISSION BEFORE BEING OFFERED TO FILL AN AGENCY HEAD VACANCY OR INCREASE THE SALARY OF AN INCUMBENT AGENCY HEAD; TO PROVIDE THAT INCREASES MUST BE FUNDED FROM AGENCY RESOURCES; TO PROVIDE THAT A VACANCY IN THE POSITION OF PRESIDENT OF A TECHNICAL COLLEGE IS SUBJECT TO THESE PROVISIONS; TO GIVE THE BUDGET AND CONTROL BOARD FINAL APPROVAL AUTHORITY FOR INCREASES IN AGENCY HEAD SALARIES; AND TO MAKE ALL INCREASES EFFECTIVE ON OR AFTER JANUARY FIRST OF THE CURRENT FISCAL YEAR; BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT CHAPTER 11 OF TITLE 8 ESTABLISHES THE CRITERIA FOR COMPENSATION INCREASES FOR STATEWIDE ELECTED OFFICIALS, TEMPORARY EMPLOYEES, AND AGENCY HEADS, UNLESS OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 11-9-820, AS AMENDED, RELATING TO MEMBERSHIP, STAFFING, AND REPORTING OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, AND TO REQUIRE THAT THE DEPARTMENT OF COMMERCE AND DEPARTMENT OF REVENUE PROVIDE CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF EACH YEAR; BY ADDING SECTION 8-11-172 SO AS TO PROVIDE THAT APPROPRIATED FUNDS MAY BE USED FOR COMPENSATION INCREASES FOR CLASSIFIED AND UNCLASSIFIED EMPLOYEES AND AGENCY HEADS ONLY IN THE SAME RATIO THAT THE EMPLOYEE'S BASE SALARY IS PAID FROM APPROPRIATED SOURCES; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 "CONFEDERATE RELICS" SO AS TO REQUIRE THE DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE APPOINTED BY THE DIRECTOR OF THE BUDGET AND CONTROL BOARD AFTER CONSULTATION WITH THE SOUTH CAROLINA DIVISION COMMANDER OF THE SONS OF THE CONFEDERATE VETERANS AND THE PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE UNITED DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE THE CONFEDERATE RELIC ROOM TO SUPPLEMENT STATE FUNDS WITH DONATIONS AND FEES AND TO EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE RESTORATION, PRESERVATION, AND DISPLAY OF ITS COLLECTION, AND TO RETAIN AND EXPEND FEES RECEIVED FOR PROVIDING CERTAIN SERVICES AND FROM THE SALE OF PROMOTIONAL ITEMS; AND TO PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE COLLECTIONS OF THE RELIC ROOM FROM BEING PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-167 SO AS TO PROVIDE THAT HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES ARE EXEMPT FROM THE REQUIREMENT THAT SALARIES OF EMPLOYEES MUST NOT EXCEED NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD ACTUAL SALARY; AND TO REPEAL ARTICLE 11, CHAPTER 11 OF TITLE 8 RELATING TO THE STATE EMPLOYEE PAY PLAN; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT WHEN THE GOVERNOR DECLARES AN EMERGENCY OR ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE TO THE EMERGENCY OR CONDITIONS CAUSED BY HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND BENEFICIARIES UNDER THE STATE RETIREMENT SYSTEMS AND THE POLICE OFFICERS RETIREMENT SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED NURSING HOME CARE AS OF JUNE THIRTIETH OF THE PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN RETIREMENT BENEFITS DURING THE CURRENT FISCAL YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY THE ABOVE PROHIBITION MAY RECEIVE THE SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE NURSING HOME AND DOES NOT REQUIRE ADMISSION TO A HOSPITAL OR NURSING HOME WITHIN SIX MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO PROVIDE THAT NOTWITHSTANDING THE AMOUNTS ANNUALLY APPROPRIATED AS "STATE EMPLOYER CONTRIBUTIONS," THE STATE TREASURER AND COMPTROLLER GENERAL ARE AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND OF THE STATE TO THE PROPER RETIREMENT SYSTEM ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE STATE OF SOUTH CAROLINA TO THE RETIREMENT SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO AS TO PROVIDE THE STATE AUDITOR AND HIS DESIGNEES ACCESS TO STATE AGENCY RECORDS AND FACILITIES AND ACCESS TO PRIVATE ENTITIES RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT PURPOSES AND TO PROVIDE FOR THE CONFIDENTIALITY OF THESE RECORDS WHILE UNDER REVIEW BY THE STATE AUDITOR AND FOR THE CONFIDENTIALITY OF AUDIT WORKING PAPERS AND MEMORANDA, AND TO PROVIDE FOR MONTHLY BILLING BY THE STATE AUDITOR OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF THE REVENUE OF THESE BILLINGS; BY ADDING SECTION 8-11-194 SO AS TO PROVIDE THAT ANY AGENCY OF THE STATE GOVERNMENT WHOSE OPERATIONS ARE COVERED BY FUNDS FROM OTHER THAN GENERAL FUND APPROPRIATIONS MUST PAY FROM SUCH OTHER SOURCES A PROPORTIONATE SHARE OF THE EMPLOYER COSTS OF RETIREMENT, SOCIAL SECURITY, WORKERS' COMPENSATION INSURANCE, UNEMPLOYMENT COMPENSATION INSURANCE, HEALTH AND OTHER INSURANCE FOR ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE FOR THE AGENCY'S EMPLOYEES; BY ADDING SECTION 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT COMPENSATION PREMIUMS COLLECTED FROM STATE AGENCIES WILL BE DEPOSITED INTO A SEPARATE ACCOUNT AND WILL BE BASED ON EXPERIENCE RATINGS PROVIDED BY PRIVATE CONSULTANTS AND THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE UNEMPLOYMENT COMPENSATION FUND MUST BE REVIEWED ON AT LEAST A BIENNIAL BASIS, TO PROVIDE THAT ALL INTEREST EARNED ON THE ACCOUNT MUST BE RETAINED BY THE UNEMPLOYMENT COMPENSATION FUND TO OFFSET COSTS, TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE EMPLOYMENT SECURITY COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND OF THE STATE TO THE STATE ACCIDENT FUND SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID AND EXPENSES RELATING TO THE OPERATIONS OF THE AGENCY DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS TO PROVIDE THAT IF THE BOARD OF ECONOMIC ADVISORS REVENUE FORECAST TO THE BUDGET AND CONTROL BOARD AT ANY TIME DURING THE CURRENT FISCAL YEAR PROJECTS THAT REVENUES FOR THE CURRENT FISCAL YEAR WILL BE LESS THAN APPROPRIATED EXPENDITURES FOR THE YEAR, THE BUDGET AND CONTROL BOARD IN MANDATING NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT NECESSARY THE APPROPRIATION TO THE CAPITAL RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; BY ADDING SECTION 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COLLECT AND RETAIN FEES TO RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, HANDLING AND MAILING OF DOCUMENTS, PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD FROM THE GENERAL FUND A PORTION OF REVENUE DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND OF CRIMINAL RECORD CHECKS PURSUANT TO THE EVALUATION OF APPLICATIONS FOR BINGO LICENSES, AND TO PROVIDE THAT WHENEVER A PROFESSIONAL DESIGNATION OR LICENSE IS LEGISLATIVELY MANDATED FOR EMPLOYMENT BY THE DEPARTMENT OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR THE ANNUAL COST TO MAINTAIN THE REQUIRED DESIGNATION OR LICENSE; BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF APPROPRIATIONS WITHIN AN AGENCY'S BUDGET DURING THE FISCAL YEAR; BY ADDING SECTION 11-5-280 SO AS TO AUTHORIZE THE STATE TREASURER TO ENTER INTO CONTRACTS ALLOWING A STATE AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN PAYMENT FOR GOODS OR SERVICES PROVIDED; BY ADDING SECTION 11-3-185 SO AS TO PROVIDE FOR THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY BY WARRANT REQUISITIONS DIRECTED TO THE COMPTROLLER GENERAL WHO, AFTER APPROVAL, ISSUES A WARRANT TO THE STATE TREASURER DIRECTING PAYMENT; BY ADDING SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT OF FEDERAL AND OTHER FUNDS IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF THE FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO AS TO PROVIDE THAT WHERE FEDERAL LAW OR REGULATION GOVERNING FEDERAL FUNDS ALLOCATED TO STATE AGENCIES INCLUDES REQUIREMENTS RELATING TO BANKING PROCEDURES, THE STATE TREASURY IS DEEMED TO MEET THE DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE A PLAN FOR THE EXPENDITURE OF STATE AGENCY APPROPRIATIONS FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 8-11-170, RELATING TO THE REQUIREMENT FOR ADVANCE APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD FOR DUAL STATE EMPLOYMENT FOR AN AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT SALARIES APPROPRIATED ARE THE MAXIMUM COMPENSATION FOR THE POSITION, TO PROVIDE RESTRICTIONS ON DUAL COMPENSATION AND EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES RECEIVING DUAL COMPENSATION, AND TO EXEMPT THE HIRING OF SHORT-TERM EMPLOYEES FROM REGULATIONS GOVERNING APPOINTMENTS AND RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON WHICH A STATE AGENCY OR INSTITUTION MAY HIRE EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY GRANTS, PRIVATE FOUNDATION GRANTS, RESEARCH GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING APPROVED OR AUTHORIZED BY A STATE AUTHORITY; BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL STATE DEPARTMENTS AND AGENCIES THAT OCCUPY STATE BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A BASIS TO CALCULATE THE CHARGE, DISBURSE THE MONIES COLLECTED, AND APPORTION THE PAYMENT OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN INFORMATION ON THE LAST PAGE OF CERTAIN BOUND PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY NOT PAY OR REIMBURSE AN EMPLOYEE FOR PROFESSIONAL DUES PAYMENTS TO THE AMERICAN BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY WHICH DEMANDS PAYMENT OF RENT OR LEASE PAYMENTS FROM A STATE AGENCY OR INSTITUTION, UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED FROM ITS LOCAL GOVERNMENT STATE AID TO SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT THE STATE AGENCY MUST BE REIMBURSED THE ACTUAL AMOUNT PAID AND THE BALANCE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE FROM THE PORTION OF THE DEDUCTED ALLOCATION; TO AMEND SECTION 8-11-15, RELATING TO THE MINIMUM FULL-TIME WORKWEEK FOR STATE AGENCIES AND INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS TO PROVIDE THAT STATE AGENCIES MAY USE ALTERNATE WORK LOCATIONS, INCLUDING TELECOMMUTING, THAT RESULT IN GREATER EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11-9-85, RELATING TO TAX AND FEE REVENUE CALCULATED ON AN ACCRUAL BASIS, SO AS TO PROVIDE FOR CALCULATING THE DEED RECORDING FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE REPORT OF A COUNTY'S AUDIT REQUIRED TO BE SUBMITTED TO THE COMPTROLLER GENERAL IS NOT TIMELY FILED, FUNDS DISTRIBUTED BY THE COMPTROLLER GENERAL TO THE COUNTY MUST BE WITHHELD PENDING RECEIPT OF A COPY OF THE REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-75 SO AS TO PROVIDE THAT AN EMPLOYEE PARTICIPATING IN A PLAN UNDER THE DEFERRED COMPENSATION PROGRAM MAY REPAY A LOAN MADE BY THE EMPLOYEE BY MEANS OF A PAYROLL DEDUCTION FROM HIS COMPENSATION; AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 2002-2003 AND PROVIDE THE USES OF THE FUNDS APPROPRIATED AND TRANSFERRED.

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

H. 4882 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A BILL TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.

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

H. 4915 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXTENDING GREETINGS AND A WARM WELCOME FROM THE STATE OF SOUTH CAROLINA TO THE JOINT ANNUAL MEETING OF THE NATIONAL INSTITUTE OF SCIENCE, BETA KAPPA CHI SCIENTIFIC HONOR SOCIETY, AND BROOKHAVEN SEMESTER PROGRAM AT BENEDICT COLLEGE AS HOST INSTITUTION AT THE ADAMS MARK HOTEL, MARCH 27-31, 2002.