Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, St. John gives us a thought for these days. Chapter 15:5:

"I am the vine, you are the branches. Those who abide in me and I in them bear much fruit, because apart from me you can do nothing."
Let us pray.

Father, these are chaotic days for our world... and for South Carolina!

We pray that as the mariner keeps his eyes on the North Star and roams the seas, help us to keep our eyes on proper objectives for South Carolina!

We may have our differing opinions on issues, but, when the chips are down, we all are praying the same prayer:

"Change and decay in all around I see;

O Thou who changest not, abide with me."
Amen.

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

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Senator LEATHERMAN, Chairman of the Senate Finance Committee, was recognized to report to the Senate on the status of the General Appropriation Bill.

Senator FORD rose for an Expression of Personal Interest.

On motion of Senator McCONNELL, with unanimous consent, Senators HOLLAND, RAVENEL and ALEXANDER were granted leave to attend a screening hearing, be included in any quorum calls and be allowed to vote on any roll call votes.

On motion of Senator COURSON, with unanimous consent, Senators COURSON, O'DELL and ALEXANDER were granted leave to attend a meeting and be included in any quorum calls.

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.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.

There was no objection.

Senator PEELER asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

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

Senator PEELER asked unanimous consent to adopt the Concurrent Resolution and return the Resolution to the House.

There was no objection.

The following were introduced:

S. 1207 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT THAT AN APPLICANT, IF SIXTY-FIVE YEARS OF AGE OR OLDER, MUST INDICATE WHETHER HE DOES OR DOES NOT DESIRE TO SERVE AS A JUROR IN MAGISTRATES COURT IF SUMMONED.
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Read the first time and referred to the Committee on Judiciary.

S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.
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Read the first time and ordered placed on the Calendar without reference.

S. 1209 (Word version) -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND IT DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
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Read the first time and referred to the Committee on Finance.

S. 1210 (Word version) -- Senator Moore: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4548 (Word version) -- Reps. W.D. Smith, Scarborough, McLeod, Knotts and Owens: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.

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

H. 4609 (Word version) -- Reps. Kelley, Cotty, Bales, Barrett, Battle, Chellis, Cooper, Davenport, Delleney, Fleming, Huggins, Keegan, Lourie, McCraw, Miller, Ott, Phillips, Rice, Riser, Rutherford, Sandifer, J.R. Smith, Snow, Stille, Taylor, Trotter, White, Wilder and Knotts: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LUMP SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF STATE EMPLOYEES ON RETIREMENT OR SEPARATION FROM SERVICE, SO AS TO PROVIDE THAT NO LUMP SUM MAY BE PAID TO A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY TO FILL A FULL-TIME EQUIVALENT POSITION COVERED BY THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEMS OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE.

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

H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES.

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

H. 4805 (Word version) -- Reps. Vaughn, Allison, Cato, Hamilton, Leach, Littlejohn, Lourie, Mack, Rodgers, Sheheen, Tripp, Whatley, J. Young and Wilkins: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX, BY ADDING ARTICLE 7 ENACTING THE MUNICIPAL CAPITAL PROJECT SALES TAX ACT SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

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

H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: 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.

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

H. 5000 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5002 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5016 (Word version) -- Reps. Stuart and Townsend: A BILL TO AMEND SECTION 56-3-8100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPOSIT REQUIRED BY THE DEPARTMENT OF PUBLIC SAFETY OF AN INDIVIDUAL OR ORGANIZATION SEEKING ISSUANCE OF A SPECIAL LICENSE PLATE BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SPECIAL LICENSE PLATE APPLICANTS TO APPLY FOR A SPECIAL LICENSE PLATE BY MAIL OR ELECTRONIC FORMAT UNDER CERTAIN CIRCUMSTANCES, AND TO REVISE THE CIRCUMSTANCES IN WHICH THE DEPARTMENT SHALL DISCONTINUE THE PRODUCTION OF A SPECIAL LICENSE PLATE.

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

H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

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

H. 5025 (Word version) -- Reps. Parks, Klauber and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE MEMBERS OF THE GREENWOOD SCHOOL DISTRICT 50 BOARD OF TRUSTEES DESIGNATE THE SITE UPON WHICH BREWER MIDDLE SCHOOL STANDS AS A HISTORICAL LANDMARK, TO REQUEST THAT THE NEW MIDDLE SCHOOL THAT WILL REPLACE THIS SCHOOL BE CONSTRUCTED ON THIS SITE AND RETAIN THE NAME BREWER MIDDLE SCHOOL.

The Concurrent Resolution was introduced and, on motion of Senator DRUMMOND, ordered referred to the Greenwood County Legislative Delegation.

H. 5084 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL BLUE BELLES DANCE TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AT THE CONTEST OF CHAMPIONS COMPETITION IN ORLANDO, FLORIDA AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

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

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

S. 971 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA CHILDREN'S JUSTICE TASK FORCE ACT", SO AS TO ADD SECTION 20-7-497 TO ESTABLISH THIS TASK FORCE AS AN ADVISORY BODY TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON ISSUES RELATED TO THE INVESTIGATIVE, ADMINISTRATIVE, AND JUDICIAL HANDLING OF CHILD ABUSE AND NEGLECT CASES AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE AND ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

Columbia, S.C., April 11, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 10, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 10, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 10, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

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

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.

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.

The Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification.

Having voted on the prevailing side, Senator HUTTO asked unanimous consent to make a motion to reconsider the vote whereby H. 3867 was given a third reading and ordered enrolled for Ratification.

There was no objection.

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

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.

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.

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.

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 third reading of the Bill.

Senators MOORE and HUTTO proposed the following amendment (4652R001.TLM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting therein the following:

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

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)   Twenty-five dollars of the fee collected pursuant to this Section must be distributed to the national "Reward For Justice" fund which was created to establish rewards for the capture of terrorists.

(C)   Before the department produces and distributes the 'In God We Trust' 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 these special license plates 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."     /

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 and ordered returned to the House of Representatives with amendments.

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

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.

By prior motion of Senator RANKIN, with unanimous consent

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

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.

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.

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.

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.

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 adoption of the amendment proposed by the Committee on Judiciary.

Senators McCONNELL and BAUER proposed the following amendment (JUD1007.003), which was adopted:

Amend the bill, as and if amended, page3, line 35, in Section 42-7-65 of the1976 Code, as contained in SECTION 2 by striking line 37 and inserting therein the following:

/   governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved by the governing body of the entity using his services as a voluntary state constable. Notwithstanding     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

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

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

Senator HUTTO raised a Point of Order under Rule 51 that inasmuch as the Bill pertained to more than one county, the Bill was incorrectly on the Local and Uncontested Calendar and should be moved to the Statewide Calendar.

The PRESIDENT sustained the Point of Order.

The Bill was placed on the Statewide Calendar.

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.

At 12:40 P.M., Senator McCONNELL assumed the Chair.

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.

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

The Committee on Judiciary proposed the following amendment (JUD1078.001), which was adopted:

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

/   SECTION   1.   Section 16-25-90 of the 1976 Code, as last amended by Act 401 of 1998, is further amended to read:

"Section 16-25-90.   Notwithstanding any provision of Chapters 13 and 21 of Title 24, and notwithstanding any other provision of law, an inmate who was convicted of, or pled guilty or nolo contendere to, an offense against a household member shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against the household member, or in post-conviction proceedings pertaining to the plea or conviction, presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the household member a person who is convicted of, or pleads guilty or nolo contendere to, an offense against a household member is eligible for parole after serving one-fourth of a sentence of imprisonment if the sentencing judge finds by a preponderance of the evidence and makes a factual finding on the record that the person suffered a history of criminal domestic violence, as provided in Chapter 25 of Title 16, inflicted by the household member and that the domestic violence contributed to the offense. The evidence must be presented at the plea hearing by a person pleading guilty or nolo contendere, and the judge must make a factual finding before the sentence is imposed. If the person is convicted at trial, the person may present evidence at the sentencing hearing or may rely on any evidence presented during the trial, and the judge must make a factual finding before the sentence is imposed. An attorney's failure to present evidence under this section is not grounds to grant post-conviction relief if the presiding judge at the post-conviction relief hearing determines that the person knowingly and voluntarily waived his right to present evidence under this section at the plea or trial. This section shall does not affect the provisions of Section 17-27-45."

SECTION   2.   This act takes effect upon approval by the Governor and applies to a person being tried or pleading guilty or nolo contendere on or after the effective date of the act.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

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.

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

The Committee on Medical Affairs proposed the following amendment (NBD\11560AC02), which was adopted:

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

/SECTION   1.   Section 1-23-110(A)(3) of the 1976 Code, as last amended by Act 411 of 1996, is further amended by adding at the end:

"(h)   the location where a person may obtain from the agency a copy of the detailed statement of rationale as required by this item. For new regulations and significant amendments to existing regulations, an agency shall prepare and make available to the public upon request a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation. This subitem does not apply to regulations which are not subject to General Assembly review under Section 1-23-120."

SECTION   2.   Section 1-23-120(B) of the 1976 Code, as last amended by Act 507 of 1992, is further amended by adding at the end:

"(6)   a detailed statement of rationale which shall state the basis for the regulation, including the scientific or technical basis, if any, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation."

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

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

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

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.

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

Senator MOORE proposed the following amendment (GGS\22489CM02), which was adopted:

Amend the bill, as and if amended, Section 43-3-10(B), as contained in SECTION 1, page 2, by inserting / a majority of /

after / including / on line 8.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

H. 3240 (Word version) -- Reps. Altman, Limehouse, Campsen and Scarborough: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO REQUEST A TAX LEVY IN EXCESS OF NINETY MILLS BY A RESOLUTION DIRECTED TO THE CHARLESTON COUNTY COUNCIL ADOPTED BY AT LEAST A TWO-THIRD MAJORITY ON TWO READINGS AT MEETINGS ON TWO SEPARATE DAYS, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, TO REQUIRE THIS APPROVAL TO BE EXERCISED BY AN ORDINANCE ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY, AND TO REQUIRE THE BOARD TO PROVIDE COUNCIL WITH THE FINANCIAL INFORMATION THE COUNCIL REQUESTS IN CONNECTION WITH THE REQUEST.

Senator KUHN moved that the Bill be taken up for immediate consideration.

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

Senator KUHN spoke on the Bill.

The question then was the second reading of the Bill.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Branton (1.31)            Grooms (2.68)             Kuhn (14.70)
McConnell (25.54)         Ravenel (12.83)

Ford (22.89)              Pinckney (11.46)

Mescher (8.60)            

By a weighted vote of 57.06 to 34.35, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

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.

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.

Senator THOMAS explained the amendment.

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.

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.

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.

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.

By prior motion of Senator McGILL, with unanimous consent

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.

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

The Committee on Judiciary proposed the following amendment (JUD4598.001), which was adopted:

Amend the bill, as and if amended, page 1, line 33, in Section 62-7-302(C)(5), as contained in SECTION 1, by striking /( i)/ and inserting /   (i)     /.

Amend the bill further, as and if amended, page 2, line 28, in Section 62-7-405(3), as contained in SECTION 2, by striking /beginning/ and inserting /     Beginning   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

On behalf of Senator SALEEBY, Senator LAND asked unanimous consent to remove the minority report on the Bill.

There was no objection.

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.

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

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.

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

Senator SHORT proposed the following amendment (DKA\ 4839MM02), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 14, by deleting Section 37-20-150(A), as contained in SECTION 1, and inserting:

/ (A)(1)   If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(2)   For purposes of this chapter, 'personal identifying information' means information maintained by an agency that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, employment history, weight, race, other physical details, signature, or biometric identifiers.

'Personal identifying information' does not mean information about vehicular accidents, driving violations, and driver's status. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Senator THOMAS spoke on the amendment.

The amendment was adopted.

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

On motion of Senator LEVENTIS, with unanimous consent, the names of Senators LEVENTIS and SETZLER were added as co-sponsors of S. 530.

The following Bills were 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.

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 SETZLER, with unanimous consent, the Bill was carried over.

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.

Senator RITCHIE explained the Bill.

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

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.

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

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.

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

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".

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

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."

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

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.

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

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

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 JACKSON argued contra to the third reading of the Bill.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator JACKSON retaining the floor.

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 12, 2002, it stand adjourned to meet next Tuesday, April 16, 2002, at 12:00 Noon, which motion was adopted.

At 1:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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