SENATE JOURNAL for Apr. 10, 2002 - South Carolina Legislature Online

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

Wednesday, April 10, 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 ACTING PRESIDENT, Senator MARTIN.

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

Beloved, hear words of encouragement from Isaiah, Chapter 28:5-6:

"In that day the Lord of hosts will be a garland of glory, and a diadem of beauty, to the remnant of His people... and strength to those who turn back the battle at the gate."
Let us pray.

Father, we have many "battles at the gates."

Help us to cultivate capacities for insights into the complicated problems of our people, and skills of communication with them, and with each other, that we may meet every issue as those who serve in the "power of His might."
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointment

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Joseph Griffin Beckman, 901 Nance Street, Newberry, S.C. 29108 VICE Charles Rushton

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2610
Agency: Department of Public Safety
Subject: Article 9. In Car Camera Videotaping Equipment
Received by Lieutenant Governor June 6, 2001
Referred to Judiciary Committee
Legislative Review Expiration October 4, 2001
Subject to Sine Die Revision
Revised June 7, 2001 May 6, 2002
Revised April 10, 2001 May 19, 2002
Revised Review Period June 7, 2001
Expiration Date May 6, 2002
Senate Judiciary Committee Requested Withdrawal March 27, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 10, 2002
Expiration Date May 19, 2002

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Charles B. Thomas of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator HAYES, at 2:05 P.M., Senator THOMAS was granted a leave of absence until 6:00 P.M. today.

Leave of Absence

At 2:45 P.M., Senator RICHARDSON requested a leave of absence for Thursday, April 11, 2002.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

PRESIDENT PRESIDES

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

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, Senators ALEXANDER, RAVENEL and HOLLAND were granted leave to attend a meeting and be counted in any quorum calls.

RECALLED AND READ THE SECOND TIME

S. 1187 (Word version) -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

There was no objection.

The Joint Resolution was recalled from the committee.

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

There was no objection.

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

On motion of Senator RANKIN, with unanimous consent, the Joint Resolution was read the second time.

S. 1187--Ordered to a Third Reading

On motion of Senator RANKIN, with unanimous consent, S. 1187 was ordered to receive a third reading on Thursday, April 11, 2002.

RECALLED AND COMMITTED

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

Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

Senator GREGORY asked unanimous consent to commit the Bill to the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was committed to the Committee on Fish, Game and Forestry.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1200 (Word version) -- Senators J. Verne Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Elliott, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn and Richardson: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
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Senator J. VERNE SMITH spoke on the Bill.

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

S. 1201 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED NATIONAL AND INTERNATIONAL BUSINESS LEADERS, MR. CHARLES W. COKER, CHAIRMAN OF THE BOARD OF SONOCO PRODUCTS COMPANY OF HARTSVILLE, FOR HIS LIFELONG CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, STATE, AND NATION AND TO PARTICULARLY ACKNOWLEDGE HIS INSTRUMENTAL ROLE IN THE ESTABLISHMENT OF THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS IN HARTSVILLE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1202 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

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

S. 1204 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1206 (Word version) -- Senator Reese: A JOINT RESOLUTION TO AUTHORIZE THE SPARTANBURG COUNTY COUNCIL TO APPOINT LAW ENFORCEMENT OFFICERS TO PATROL AND PROTECT ALL COUNTY-OWNED BUILDINGS AND LAND, TO INCLUDE THE SPARTANBURG COUNTY DETENTION FACILITY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER.

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

H. 4883--Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, H. 4883 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5033 (Word version) -- Reps. Wilkins, 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, 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, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE OUTSTANDING LEADERSHIP AND UNBOUNDED COMMITMENT OF CLEMSON UNIVERSITY ATHLETIC DIRECTOR, BOBBY ROBINSON, ON THE OCCASION OF HIS UPCOMING RETIREMENT AND TO PUBLICLY RECOGNIZE, COMMEND, AND CONGRATULATE OUR GOOD FRIEND.

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

H. 5045 (Word version) -- Rep. J.R. Smith: A CONCURRENT RESOLUTION TO EXPRESS BEST WISHES TO MRS. MILDRED LAMBERT OF AIKEN COUNTY, SOUTH CAROLINA, ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

H. 5046 (Word version) -- Reps. J.E. Smith, 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, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO DESIGNATE APRIL AS PSYCHOLOGICALLY HEALTHY WORKPLACE MONTH IN SOUTH CAROLINA AND TO URGE BUSINESSES TO PROMOTE PSYCHOLOGICALLY HEALTHY WORKPLACES FOR THE BENEFIT OF THE EMPLOYEES AND THE COMPANIES.

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

H. 5050 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE ORANGEBURG-WILKINSON VARSITY GIRLS BASKETBALL TEAM ON THEIR PHENOMENAL, PERFECT SEASON AND THEIR 2002 CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.

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

H. 5052 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ALLENDALE-FAIRFAX CLASS AA STATE CHAMPIONSHIP BASKETBALL TEAM ON THE TIGERS' MOMENTOUS RALLY TO TOPPLE THE FAVORITES FROM CALHOUN COUNTY 64-59 AND GRAB THE SCHOOL'S FIRST STATE BASKETBALL TITLE.

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

H. 5053 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE STATE OF SOUTH CAROLINA TO THE ALLENDALE-FAIRFAX HIGH SCHOOL DEBATE TEAM ON ITS EXCELLENT JANUARY 2002 SHOWING AGAINST NATIONWIDE COMPETITION AT THE ARIZONA STATE UNIVERSITY TOURNAMENT AND HONORING ITS RECENT STELLAR EFFORTS IN STATE COMPETITION.

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

H. 5059 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO HONOR HELEN MARTIN OF SENECA IN OCONEE COUNTY WHOSE OUTSTANDING COMMITMENT TO COMMUNITY INVOLVEMENT AND IMPROVEMENT HAS BEEN RECOGNIZED BY ECKERD DRUG STORE CORPORATION'S FOURTH ANNUAL SALUTE TO WOMEN PROGRAM.

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

H. 5072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE SENECA HIGH SCHOOL HONORS CHORALE FOR WINNING THE STATE TITLE AMONG AAA SCHOOLS AND FOR TYING FOR THE GRAND CHAMPIONSHIP AT THE STATE CHORAL FESTIVAL, TO CONGRATULATE THE HONORS CHORALE FOR A LONG TRADITION OF EXCELLENCE IN THE PERFORMING MUSICAL ARTS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

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

H. 5073 (Word version) -- Rep. Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY RAIDER VARSITY FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP ON NOVEMBER 16, 2001.

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

H. 5074 (Word version) -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY ELLEN "SUE" RAWL WINGARD OF LEXINGTON, ON SATURDAY, MARCH 16, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 5075 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO COMMEND MR. MARSHALL P. WATT, JR., OF IVA, SOUTH CAROLINA, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO HIS COMMUNITY AND FOR HIS COMMITMENT TO HELPING OTHERS THROUGH A WIDE RANGE OF ACTIVITIES AND RESPONSIBILITIES.

The Concurrent Resolution was adopted, ordered returned to the House

REPORTS OF STANDING COMMITTEES

Senator ELLIOTT from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 83 (Word version) -- Senators Elliott, Hutto, Ford, Rankin and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Ordered for consideration tomorrow.

Senator ELLIOTT from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 184 (Word version) -- Senators Hayes, Elliott, Thomas, Ritchie, Martin, Jackson, Richardson, Verdin, Mescher, Grooms, Branton and McGill: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2000-2001; TO AMEND SEVERAL SECTIONS IN TITLE 61 IN ORDER TO ESTABLISH LIQUOR BY THE DRINK. (ABBREVIATED TITLE)

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Banking and Insurance submitted a favorable report on:

S. 530 (Word version) -- Senators Short, Glover and Hutto: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance polled out S. 901 favorable with amendment:

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

Poll of the Finance Committee
Polled 23; Ayes 21; Nays 0; Not Voting 2

AYES

Leatherman                Drummond                  J.V. Smith
Land                      Setzler                   Leventis
Peeler                    Giese                     Thomas
Patterson                 McGill                    Courson
Matthews                  O'Dell                    Reese
Hayes                     Ryberg                    Alexander
Ravenel                   Branton                   Pinckney

TOTAL--21

NAYS

TOTAL--0

NOT VOTING

Short                     Grooms

TOTAL--2

Ordered for consideration tomorrow.

S. 901--Co-Sponsor Added

On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of S. 901.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Banking and Insurance submitted a favorable report on:

S. 1045 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1078 (Word version) -- Senator Short: A BILL TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT THE OFFENDER MUST PRESENT EVIDENCE THAT CONVINCES THE SENTENCING JUDGE BY A PREPONDERANCE OF THE EVIDENCE IN ORDER TO BE ELIGIBLE FOR EARLY PAROLE AND TO MAKE CERTAIN OTHER CHANGES.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3655 (Word version) -- Reps. R. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Bingham, Breeland, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Easterday, Emory, Freeman, Frye, Gilham, Govan, Harrell, Haskins, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Knotts, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, Ott, Owens, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Townsend, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, Wilder and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF STATE HIGHWAY 162 AND TOWLES ROAD AND SALTER'S HILL ROAD IN CHARLESTON COUNTY AS THE "HENRIETTA GRANT INTERSECTION" IN HONOR OF THE LATE MRS. HENRIETTA GRANT OF HOLLYWOOD, SOUTH CAROLINA.

Ordered for consideration tomorrow.

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

H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 4071 (Word version) -- Reps. J.H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J.E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

H. 4321 (Word version) -- Reps. Sheheen, Cotty, Lucas and J.M. Neal: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS OUTSIDE THE CAMDEN CITY LIMITS ON UNITED STATES HIGHWAY 521 SOUTH AND NORTH, AND UNITED STATES HIGHWAY 1 EAST AND WEST, THAT CONTAIN THE WORDS "CAMDEN-HOME OF BASEBALL HALL-OF-FAMER LARRY DOBY."

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4598 (Word version) -- Reps. Campsen, Lourie and Scott: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

H. 4615 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:

H. 4629 (Word version) -- Reps. Harrison, McGee, Lucas and McLeod: A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE,TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING THIS DRUG ARE SUBJECT TO FORFEITURE.

Ordered for consideration tomorrow.

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

H. 4692 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 4953 (Word version) -- Reps. J.E. Smith, 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, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

Ordered for consideration tomorrow.

HOUSE AMENDMENTS AMENDED, CARRIED OVER

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

The House returned the Bill with amendments.

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

There was no objection.

Senator McCONNELL proposed the following amendment (JUD0204.045), which was adopted:

Amend the bill, as and if amended, page 1, line 34, in Title 30 of the 1976 Code, as contained in SECTION 1, by striking /2001/ and inserting / 2002 /.

Amend the bill further, as and if amended, page 1, line 37, in Section 30-2-10, as contained in SECTION 1, by striking /2001/ and inserting / 2002 /.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator HAWKINS proposed the following amendment (JUD0204.040), which was adopted:

Amend the bill, as and if amended, page 1, line 42, in Section 30-2-20, as contained in SECTION 1, by striking /, use, and dissemination/.

Amend the bill, as and if amended, page 2, line 2, in Section 30-2-20, as contained in SECTION 1, by striking /statutorily/.

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

Senator HAWKINS proposed the following amendment (JUD0204.042), which was adopted:

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

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

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

Senator HAWKINS proposed the following amendment (JUD0204.046), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 32, in Section 30-2-30, as contained in SECTION 1, by striking subitem (c) in its entirety and inserting therein the following:

/ (c) selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or /.

Amend the bill further, as and if amended, page 2, line 38, in Section 30-2-30, as contained in SECTION 1, by striking line 38 in its entirety and inserting therein the following:

/ (4) 'Medical information' includes, but is not limited to, blood /.

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, the Bill was carried over.

S. 182--REPORT OF THE
COMMITTEE OF FREE CONFERENCE ADOPTED

S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Free Conference to S. 182 was adopted as follows:

S. 182--Free Conference Report

The General Assembly, Columbia, S.C., March 12, 2002

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 16-3-20(C)(a)(7) of the 1976 Code is amended to read:

"(7) The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections ~~employee~~ officer or former corrections ~~employee~~ officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties."

SECTION 2. Section 16-11-110 of the 1976 Code is amended to read:

"Section 16-11-110. (A) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures ~~the~~ a burning that results in damage of to a building, structure, or any property specified in subsections (B) and (C) whether the property of himself or another, which results, either directly or indirectly, in death or serious bodily injury to a person is guilty of arson in the first degree and, upon conviction, must be imprisoned not less than ten nor more than thirty years.

(B) A person who wilfully and maliciously causes an explosion, sets fire to, burns, or causes to be burned or aids, counsels, or procures the burning that results in damage of to a dwelling house, church or place of worship, a public or private school facility, a manufacturing plant or warehouse, a building where business is conducted, an institutional facility, or any structure designed for human occupancy to include local and municipal buildings, whether the property of himself or another, is guilty of arson in the second degree and, upon conviction, must be imprisoned not less than five nor more than twenty-five years.

(1) causes an explosion, sets fire to, burns, or causes ~~to be burned~~ a burning which results in damage to a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property; or

(2) aids, counsels, or procures ~~the~~ a burning that results in damage of to a building or structure other than those specified in subsections (A) or (B), a railway car, a ship, boat, or other watercraft, an aircraft, an automobile or other motor vehicle, or personal property with intent to destroy or damage by explosion or fire; whether the property of himself or another, is guilty of arson in the third degree and, upon conviction, must be imprisoned not less than one and not more than ten years.

(D) For purposes of this section, 'damage' means an application of fire or explosive that results in burning, charring, blistering, scorching, smoking, singeing, discoloring, or changing the fiber or composition of a building, structure, or any property specified in this section."

SECTION 3. Section 40-80-20 of the 1976 Code, as added by Act 60 of 2001, is amended read:

"Section 40-80-20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

~~(B)~~(2) The cost of the criminal records check must not exceed eight dollars.

(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.

(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:

(a) a felony;

(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or

(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.

(C) A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, use of an illegal substance, or abuse of a controlled substance within the last ten years, shall not be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2001. After the expiration of the ten-year period, it is within a fire ~~chief has~~ ~~the option and~~ chief's or other employer's discretion to determine whether or not to ~~hire~~ allow a person with a criminal record ~~as a firefighter~~ to perform firefighting duties.

~~(D) A criminal records check is not required for a firefighter employed on or before June 30, 2001.~~"

SECTION 4. Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement those provisions of Section 56-5-2934 as contained in Section 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses until such time that the General Assembly provides funding for the program. The State Law Enforcement Division must reassess the costs necessary to implement this program and present information regarding the costs to the House Ways and Means Committee and the Senate Finance Committee during each Committee's budget hearings for fiscal year 2003-2004.

SECTION 5. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /

Amend title to conform.

Senator GREGORY spoke on the Free Conference Report.

The Free Conference Committee Report was adopted.

/s/ Chauncey K. Gregory           /s/ F. Gregory "Greg" Delleney, Jr.
/s/ C. Bradley Hutto              /s/ Donny Wilder
/s/ John D. Hawkins               /s/ James N. Law
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

H. 3481--REPORT OF THE
COMMITTEE OF FREE CONFERENCE ADOPTED

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.

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Free Conference to H. 3481 was adopted as follows:

H. 3481--Free Conference Report

The General Assembly, Columbia, S.C., April 3, 2002

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 50-13-236 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"Section 50-13-236. (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and Black Bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(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~~ during July and August it is unlawful to retain more than two striped bass (rockfish) per day that are taken from Lake Murray and the Congaree River seaward from the Gervais Street Bridge to the lower dam of Lake Moultrie and less than the legal size limit."

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

Amend title to conform.

Senator GREGORY spoke on the Free Conference Report.

The Free Conference Report was adopted.

/s/ C. Bradley Hutto              /s/ John W. Riser
/s/ Greg Gregory                  /s/ William D. Witherspoon
/s/ Lawrence K. Grooms            /s/ Harry Legare Ott
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 3481--Enrolled For Ratification

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

NONCONCURRENCE

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

The House returned the Bill with amendments.

On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1197 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE SUTTON BRANCH BAPTIST CHURCH'S CELEBRATION OF ITS 137TH ANNIVERSARY AND TO RECOGNIZE ITS SERVICE TO ITS MEMBERS AND THE PEOPLE OF THE COMMUNITY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1198 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES D. DANIELS, PRESIDENT OF COKER COLLEGE IN HARTSVILLE, ON HIS UPCOMING RETIREMENT AFTER MORE THAN TWENTY-ONE YEARS AT THE HELM OF THIS ACKNOWLEDGED OUTSTANDING SMALL COLLEGE OF THE SOUTH, AND EXPRESS THE SINCERE GRATITUDE OF THE STATE OF SOUTH CAROLINA FOR HIS MANY NOTEWORTHY CONTRIBUTIONS TO THE EDUCATION OF ITS CITIZENS INCLUDING HIS SUPPORT FOR THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS.

Returned with concurrence.

Received as information.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.

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

Senator GROOMS proposed the following amendment (1123R001.LKG), which was adopted:

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

/ SECTION 1. Act 518 of 1982 is amended by adding a new Section 3A to read:

"Section 3A. The Berkeley County Board of Education based on the results of the 2000 census and based on the results of the census every ten years thereafter is authorized to reapportion the election districts from which members of the board are elected and are not required for this purpose to follow and use single-member election districts for election of members of the board which correspond to the single-member election districts from which members of the governing body of Berkeley County are elected.

Additionally, in this process of reapportionment the board is further authorized to increase or reduce the number of members of the board with corresponding adjustments in and to the number of single-member election districts from which the revised number of members shall be elected."

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

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

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

AMENDMENT PROPOSED AND SUBSEQUENTLY WITHDRAWN, AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.

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

Amendment No. 2

Senators LEATHERMAN and SHORT proposed the following Amendment No. 2 (GGS\22376HTC02):

Amend the bill, as and if amended, in Section 12-6-3360(B)(1) as contained in SECTION 1A, by striking subitems (a) and (b) and inserting:

/ (1) (a) The eight counties with a combination of the highest unemployment rate and lowest per capita income are designated distressed counties. Notwithstanding any other provision of law, no more than eight counties may be designated or classified as distressed and notwithstanding any other provision of this section, a county may be designated as distressed only by virtue of the criteria provided in this subitem.

(b) The ~~twelve~~ four counties with a combination of the next highest unemployment rate and lowest per capita income are designated least developed counties. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

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

Having voted on the prevailing side, Senator MATTHEWS moved to reconsider the vote whereby the Bill was carried over.

There was no objection.

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

There was no objection.

The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 2 (GGS\22376HTC02) previously proposed by Senators LEATHERMAN and SHORT.

On motion of Senator MATTHEWS, with unanimous consent, Amendment No. 3 was taken up for immediate consideration.

Amendment No. 3

Senators MATTHEWS, SHORT, PEELER, HUTTO and RITCHIE proposed the following Amendment No. 3 (BBM\10969HTC02), which was adopted:

Amend the bill, as and if amended, by striking Section 12-6-3360(B)(1) as contained in SECTION 1, page 2, lines 28 through 37 and inserting:

/ (1) (a) The twelve counties with a combination of the highest unemployment rate and lowest per capita income are designated distressed counties. Notwithstanding any other provision of law, no more than twelve counties may be designated or classified as distressed and notwithstanding any other provision of this section, a county may be designated as distressed only by virtue of the criteria provided in this subitem.

(b) ~~The twelve counties with a combination of the highest unemployment rate and lowest per capita income are~~ A category with the same criteria as provided in subitem (a) of this item is designated least developed ~~counties~~ county which consists of underdeveloped counties otherwise eligible for this category. /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

Senator SHORT spoke on the amendment.

The amendment was adopted.

On motion of Senator SHORT, with unanimous consent, Amendment #2, which was previously proposed, was withdrawn.

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3048 (Word version) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES.

AMENDMENT WITHDRAWN, AMENDED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1092 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE "TOURIST" TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (1092R001.LHS) proposed by Senator SHORT and previously printed in the Journal of Thursday, April 4, 2002.

Senator SHORT spoke on the amendment.

On motion of Senator SHORT, with unanimous consent, Amendment No. 2 was taken up for immediate consideration.

Amendment No. 2

Senators SHORT, RANKIN and LEATHERMAN proposed the following Amendment No. 2 (1092R003.LHS), which was adopted:

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

/ SECTION 1. Section 6-4-10 of the 1976 Code, as last amended by Act 147 1991, is further amended by adding subsection (5) to read:

"(5) The definition of tourist does not apply to museums or to festivals, arts and cultural events or the sponsoring organization of these events." /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

On motion of Senator SHORT, with unanimous consent, Amendment No. 1, previously proposed by Senator SHORT, was withdrawn.

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.

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

H. 3678 (Word version) -- Reps. Rice and Whipper: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR REGISTERING A MOTOR VEHICLE, SO AS TO PROVIDE THAT A MOTOR VEHICLE DEALER MUST ISSUE A TEMPORARY LICENSE PLATE TO CERTAIN PURCHASERS OF NEW OR USED MOTOR VEHICLES, TO PROVIDE A DESCRIPTION OF THE TEMPORARY LICENSE PLATE AND ITS CONTENTS, TO PROVIDE THAT CERTAIN PERSONS WHO OBTAIN MOTOR VEHICLES FROM A PERSON OTHER THAN A DEALER MUST SUBMIT AN APPLICATION TO THE DEPARTMENT OF PUBLIC SAFETY FOR AN INTERIM LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE A DESCRIPTION OF THE INTERIM LICENSE PLATE AND ITS CONTENTS, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; AND TO REPEAL SECTION 56-3-220, RELATING TO THE ATTACHMENT AND DISPLAY OF DEALER "SOLD" CARDS.

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

The Senate Transportation Committee proposed the following amendment (GGS\22465CM02), which was adopted:

Amend the bill, as and if amended, Section 56-3-210(D), as contained in SECTION 1, by inserting / a copy of the / after / and / on page 3, line 31.

Amend the bill, further, SECTION 3, by striking / upon approval by the Governor / and inserting / on January 1, 2003 / on page 4, line 17.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

H. 4652 (Word version) -- Reps. Lourie, Bales, Harrison, J.E. Smith, Hosey, J.H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: 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 UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

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

The Senate Transportation Committee proposed the following amendment (GGS\22464CM02), which was adopted:

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

/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 91

United We Stand Special License Plates

Section 56-3-9100. (A) The department may issue 'United We Stand' special motor vehicle license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is twenty-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(B) Twenty-five dollars of the fee collected pursuant to this section must be distributed to the national 'Rewards For Justice' fund which was created to establish rewards for the capture of terrorists.

(C) Before the department produces and distributes the 'United We Stand' special license plates pursuant to this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;

(2) a plan to market the sale of the special license plate which must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 92

In God We Trust Special License Plates

Section 56-3-9200. (A) The department may issue 'In God We Trust' special motor vehicle license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(B) Before the department produces and distributes the 'In God We Trust' special license plates pursuant to this section, it must receive:

(2) a plan to market the sale of these special license plates which must be approved by the department.

(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

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

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

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.

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

The Senate Transportation Committee proposed the following amendment (GGS\22466CM02), which was adopted:

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

/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 91

South Carolina Technology Alliance Special License Plates

Section 56-3-9100. (A) The department may issue 'South Carolina Technology Alliance' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, seal, logo, or other symbol that represents the South Carolina Technology Alliance and technology. The South Carolina Technology Alliance must submit to the department for approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Technology Alliance may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of one hundred dollars.

(B) The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Technology Alliance for the continued development of high technology programs across the State and to provide resources for South Carolina Technology Entrepreneurs. The remaining funds must be administered by the South Carolina Technology Alliance, used only for efforts to develop and manage technology entrepreneur programs for South Carolina entrepreneurial high technology businesses, and deposited in an appropriate nonprofit account designated by the South Carolina Technology Alliance.

(C) The department shall reserve the initial fifty license plates in this series for use by the South Carolina Technology Alliance.

(D) Before the department produces and distributes a plate authorized under this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit; and

(2) a plan to market the sale of the special license plate which must be approved by the department.

(E) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

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

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

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

H. 4988 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 3, 2002, BY THE STUDENTS OF ANY SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator PEELER explained the Joint Resolution.

H. 4988--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4988 was ordered to receive a third reading on Thursday, April 11, 2002.

S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

By prior motion of Senator MARTIN

H. 3867 (Word version) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195, SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

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\5291DJC02), which was adopted:

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

/SECTION 1. Section 50-11-120(A)(1)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

"(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; ~~August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only~~ March second through October fourteenth without weapons and with dogs only;"

SECTION 2. Section 50-11-120(A)(2)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 3. Section 50-11-120(A)(3)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; ~~August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only~~ March sixteenth through September fourteenth without weapons and with dogs only;"

SECTION 4. Section 50-11-120(A)(4)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 5. Section 50-11-120(A)(5)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 6. Section 50-11-120(A)(6)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 7. Section 50-11-120(A)(7)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 8. Section 50-11-120(A)(8)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 9. Section 50-11-120(A)(9)(e) of the 1976 Code, as amended by Act 117 of 1999, is further amended to read:

"(e) raccoon and opossum: ~~August fifteenth through September fourteenth with dogs only;~~ September fifteenth through March fifteenth with weapons and dogs; March sixteenth through ~~May~~ September fourteenth with dogs only;"

SECTION 10. Section 50-11-120(A)(10)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

SECTION 11. Section 50-11-120(A)(11)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:

"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; ~~August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.~~ March sixteenth through September fourteenth without weapons and with dogs only;"

SECTION 12. Section 50-11-140 of the 1976 Code, as amended by Act 473 of 1994, is further amended to read:

"Section 50-11-140. During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, ~~or hunt~~ the animals ~~when carrying on one's person or in one's vehicle a firearm~~. All firearms must be unloaded and secured in a weapons case, unless legally permitted."

SECTION 13. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE spoke on 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1163 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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\5289DJC02), which was adopted:

Amend the bill, as and if amended, in Section 50-9-545 as contained in SECTION 1, page 1, lines 38 and 42 by striking /freshwaters/ and inserting /waters/; and page 2, line 21 by inserting /and habitat/ after /hatchery/.

So, when amended, Section 50-9-545 shall read:

/"Section 50-9-545. It is unlawful for a person to take striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass in the waters of this State without first procuring a state freshwater fisheries hatchery stamp and having a valid stamp in their possession while taking or transporting striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass caught in the waters of this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.

For purposes of this section, taking does not include the catching and immediate release of fish back to the waters when and where they were caught.

Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp.

The department must furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance.

The department may produce additional stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents. These proceeds must be retained by the department.

Revenue derived from the sale of the stamp may be used only for the cost of printing, promoting, and producing the stamp and for those freshwater fisheries hatchery and habitat projects specified by the board for the development, protection, and propagation of freshwater fish in this State. None of the funds may be expended for administrative salaries."/

Amend the bill, as and if amended, page 2, after line 25, by adding a new SECTION to read:

/ SECTION__. Section 50-13-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-210. It is unlawful for a person in any one day to catch more than forty game fish; however, of the total creel limit:

(1) not more than ten of the total may be striped bass (Rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(3) ~~not~~ more than ten of the total may be trout; provided, not more than five trout may be taken in any one day from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River;

(4) not more than eight of the total may be walleye or sauger or a combination of them;

(5) not more than thirty of the total may be any game fish not specified." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1048 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.

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

The Senate Corrections and Penology Committee proposed the following amendment (GGS\22457CM02), which was adopted:

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

/ SECTION 1. Section 23-19-20 of the 1976 Code is amended to read:

"Section 23-19-20. (A) The sheriffs or jailers of the respective counties of this State may charge ~~one dollar~~ an amount per day as provided by contractual agreement with the appropriate federal authority for each ~~prisoner~~ person committed to the county ~~jails to serve sentences~~ jail or another detention facility as a pre-trial federal detainee, pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the ~~Federal~~ United States courts. ~~Twenty-five cents of such amount shall be turned over by the sheriff or jailer to the county treasurer for the use and benefit of the county, being for the use of the jail.~~

(B) A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must also be signed by the sheriff if he is responsible for operating the county jail or detention facility.

(C) A municipality which operates a jailer detention facility may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the jail or detention facility as a pre-trial federal detainee pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(D) Any expenditure of these monies contained in this section must be in accordance with the established procurement procedures of the local government having budget appropriation authority for the jail or detention facility."

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4728 (Word version) -- Reps. Owens, Knotts, Whatley, G.M. Smith, W.D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White, A. Young and McLeod: A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.

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

The Committee on Corrections and Penology proposed the following amendment (4728R001.WGR), which was adopted:

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

\ SECTION 1. Section 24-13-470 of the 1976 Code, as added by Act 136 of 1997, is amended to read:

"Section 24-13-470. (A) An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws ~~bodily~~ body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility, a state or local law enforcement officer, a visitor of a correctional facility, or any other person authorized to be present in a correctional facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through ~~bodily~~ body fluids.

(B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

CARRIED OVER

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.

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

CARRIED OVER

H. 4405 (Word version) -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

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

CARRIED OVER

S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

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

CARRIED OVER

S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE STATE BOARD OF EDUCATION WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.

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

READ THE THIRD TIME,
THIRD READING RECONSIDERED
AMENDMENT PROPOSED, CARRIED OVER

S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.

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

The Bill was read the third time, passed and ordered returned to the House of Representatives.

Having voted on the prevailing side, Senator BAUER moved to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

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

There was no objection.

The question then was the third reading of the Bill.

Amendment No. 1

Senator BAUER proposed the following Amendment No. 1 (GJK\ 21264SD02):

Amend the bill, as and if amended, in Section 42-7-65 of the 1976 Code, as contained in SECTION 2, by adding after /sheriff/ on line 35, page 3 / or volunteer state constable while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division /

Renumber sections to conform.

Amend title to conform.

Senator BAUER explained the amendment.

On motion of Senator MOORE, the Bill was carried over.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

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

Amendment No. 1

Senators MARTIN, HUTTO and O'DELL proposed the following Amendment No. 1 (H-3142 AMENDMENT1), which was adopted:

Amend the bill, as and if amended, page 2, SECTION 1, by striking lines 10-13 and inserting:

/claim against an employer.

(B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for/

Amend further, page 2, SECTION 1, by striking line 18 and inserting:

/(C) After a complaint has been filed, if the director or his designee is denied admission to a place/

Amend further, page 2, SECTION 2, after line 30 by adding:

/(C) A person aggrieved by a final action of the department may appeal the decision to the Administrative Law Judge Division in accordance with the Administrative Procedures Act and the rules of the Administrative Law Judge Division. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process./

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 third time, passed and ordered returned to the House of Representatives with amendments.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

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

Senator MARTIN moved to make the Bill a Special Order.

Senator FORD objected.

The question then was the motion to make the Bill a Special Order.

By a division vote of 26-5, the Bill was made a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

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

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

Senator MARTIN spoke on the Bill.

On motion of Senator MARTIN, debate was interrupted by adjournment.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Newberry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Newberry County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Joseph Griffin Beckman, 901 Nance Street, Newberry, S.C. 29108 VICE Charles Rushton

ADJOURNMENT

At 3:54 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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