Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, lift up your hearts! Hear words from St. Paul, Second Corinthians 15:58:

"Therefore, my beloved, be steadfast, immovable, always excelling in the work of the Lord, because you know that, in the Lord, your labor is not in vain."
Let us pray.

We are aware that history is being made each day in these Chambers, recorded in the Journals and sent throughout the subdivisions of government for the blessing and welfare of our people.

Give us strength of body, mind and Spirit that we may achieve that which will be good for our people, right by our own consciences... and... most of all... pleasing to Your Divine Majesty.
Amen.

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

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

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Frederick D. Watson, 150 Kelseys Mill Road, Campobello, S.C. 29322

Senator DRUMMOND rose for an Expression of Personal Interest.

S. 1151 (Word version) -- Senators McConnell, Moore, Leatherman, Land, Ryberg, Martin, Jackson, Ford, Reese, Setzler and Richardson: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 1151.

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meahcam-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO ADD TO AND AMEND THE CODE OF LAWS OF SOUTH CAROLINA. (ABBREVIATED TITLE)

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

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

On motion of Senator McCONNELL, with unanimous consent, the Bill was recommitted to the Committee on Judiciary retaining its place on the Calendar.

H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Agriculture and Natural Resources.

There was no objection.

The Joint Resolution was recalled from the committee.

Senator PEELER 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 PEELER, with unanimous consent, the Joint Resolution was committed to the Committee on Medical Affairs.

There was no objection.

The following were introduced:

S. 1258 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASS AND UNLAWFUL USE OF PROPERTY OF OTHERS, BY ADDING SECTION 16-11-770 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY FLY AN UNMANNED, POWERED MODEL AIRPLANE OR MODEL FLYING MACHINE OF ANY DESCRIPTION OVER THE PRIVATE PROPERTY OF ANOTHER AFTER THE OWNER OF THE PRIVATE PROPERTY HAS FILED A COMPLAINT AGAINST THE PERSON WITH THE SHERIFF OR SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE PRIVATE PROPERTY IS LOCATED, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 1259 (Word version) -- Senator Fair: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COVENANT MARRIAGE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, SCOPE OF STUDY, AND REPORTING REQUIREMENTS, AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.
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Senator FAIR spoke on the Resolution.

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

S. 1260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF A NO WAKE ZONE ON THE ASHLEY RIVER, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A NO WAKE ZONE FOR A CERTAIN PORTION OF ADAM'S CREEK ADJACENT TO WADMALAW ISLAND.
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Read the first time and, on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Local and Uncontested Calendar.

S. 1261 (Word version) -- Senators Verdin, Peeler, Grooms, Branton, Alexander, Kuhn, Bauer, Ryberg, Ravenel, Moore, McGill, Hutto and Leventis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA, RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY FARM TRUCK LICENSE PLATES FROM THOSE STATES.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1262 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND THANK MR. HARRY S. (JU JU) HUTSON, JR. OF HARDEEVILLE FOR HIS LEADERSHIP IN AND SERVICE TO HIS COMMUNITY, COUNTY, AND STATE OVER A PERIOD OF MANY YEARS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3473 (Word version) -- Reps. J.R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D.C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.

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

H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.

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

H. 5048 (Word version) -- Reps. J.E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.

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

H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURER SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN AN INSURED'S MOTOR VEHICLE BECOMES AN UNINSURED MOTOR VEHICLE, AND PROVIDE THAT AN INSURER MUST NOTIFY THE DEPARTMENT OF ALL FIRST TIME AND RENEWAL POLICIES IT ISSUES, TO DELETE A PROVISION THAT REQUIRES THE FORWARDING OF SURRENDERED LICENSE PLATES TO THE DEPARTMENT OF REVENUE, AND TO DELETE THE FIVE DOLLAR REINSTATEMENT FEE ASSESSED AGAINST A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATE AND REGISTRATION CERTIFICATE BEFORE THEY ARE SUSPENDED UNDER CERTAIN CIRCUMSTANCES.

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

H. 5182 (Word version) -- Reps. Limehouse, Cotty, Altman, Campsen, Coates, Coleman, Cooper, Dantzler, Davenport, Freeman, Frye, Hamilton, Harrell, Harrison, Haskins, Hinson, Hosey, Jennings, Kennedy, Law, Lourie, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Neilson, Owens, Phillips, Rivers, Simrill, F.N. Smith, W.D. Smith, Talley, Thompson, Trotter, Vaughn, Wilkins and A. Young: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE THURSDAY BEFORE THE LAST MONDAY IN MAY IN ORDER TO REMIND AMERICANS OF MEMORIAL DAY.

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

H. 5187 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, 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 Medical Affairs.

H. 5190 (Word version) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, 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.

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

H. 5191 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.

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

On motion of Senator GLOVER, with unanimous consent, H. 5191 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.

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

H. 5201 (Word version) -- Reps. Riser, Bingham, Frye, Huggins, Koon and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE REPRESENTATIVE JAKE KNOTTS ON RECENTLY BEING ELECTED TO THE SOUTH CAROLINA SENATE AND TO COMMEND HIM FOR ALL THE WORK HE DID WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES TO SERVE THE PEOPLE OF HIS DISTRICT AND TO MAKE THE PALMETTO STATE A BETTER PLACE FOR ALL.

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

H. 5203 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS EMPLOYEE STERLING JORDAN OF COLUMBIA FOR HIS LEADERSHIP AND DEDICATION TO HIS POSITION AS A CORRECTIONAL OFFICER.

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

H. 5204 (Word version) -- Reps. Rivers, Bowers, Gilham, Lloyd and Rodgers: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND THANK MR. HARRY S. (JU JU) HUTSON, JR., OF HARDEEVILLE FOR HIS LEADERSHIP IN AND SERVICE TO HIS COMMUNITY, COUNTY, AND STATE OVER A PERIOD OF MANY YEARS.

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

H. 5205 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 2002, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A PERSON TO FILL THE AT-LARGE SEAT ON THE WINTHROP UNIVERSITY BOARD OF TRUSTEES, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

H. 5208 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ROBERT R. RANDLE, JR., OF COLUMBIA FOR HIS LIFE LONG DEDICATION TO GREENVIEW PARK AND HIS SERVICE AND COMMITMENT TO THE CITIZENS OF COLUMBIA AND THE STATE OF SOUTH CAROLINA.

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

H. 5213 (Word version) -- Rep. J. Kelley: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DANIEL H. ISAAC, SR., OF MYRTLE BEACH FOR HIS SERVICE TO THE YOUTH OF HIS COMMUNITY AND STATE AS A BASEBALL COACH, UMPIRE, AND SPORTS OFFICIAL.

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

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

S. 525 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THE CONVEYANCE OR DELIVERY OF THE THREAT MAY BE MADE TO ANY PERSON RATHER THAN JUST TO THE PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL IN ORDER FOR THERE TO BE A VIOLATION OF THE SECTION.

Ordered for consideration tomorrow.

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

H. 3014 (Word version) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.

Ordered for consideration tomorrow.

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

H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

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

H. 3868 (Word version) -- Reps. A. Young, Keegan and Koon: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.

Ordered for consideration tomorrow.

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

H. 3957 (Word version) -- Reps. J.E. Smith and Allison: A BILL TO REPEAL ARTICLE 21, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH ACT, THE CREATION OF THE COUNCIL AND PROVIDING FOR ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

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

H. 4030 (Word version) -- Reps. Easterday and McLeod: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE ONE'S LICENSE IS SUSPENDED SO AS TO PROVIDE THE MAGISTRATE'S COURT HAS CONCURRENT, NOT EXCLUSIVE, JURISDICTION TO HEAR THE OFFENSE OF DRIVING WHILE ONE'S LICENSE IS SUSPENDED FOR REASONS OTHER THAN FOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

Ordered for consideration tomorrow.

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

H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance polled out H. 4663 favorable with amendment:

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.

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

Ordered for consideration tomorrow.

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

H. 4740 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2002" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

Ordered for consideration tomorrow.

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

H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".

Ordered for consideration tomorrow.

Columbia, S.C., May 1, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 1, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 1, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 1, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4960 (Word version) -- Reps. J. Young, G.M. Smith, G. Brown, J.H. Neal and Weeks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME A PORTION OF MCCRAY'S MILL ROAD IN SUMTER COUNTY THE "JOHN M. MAHON PARKWAY" IN RECOGNITION OF JOHN M. MAHON, A DISTINGUISHED CITIZEN OF SUMTER COUNTY.
Very respectfully,
Speaker of the House

Received as information.

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

The following 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:

H. 4406 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT THE BERKELEY COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE ITS COUNTY BOARD OF SOCIAL SERVICES AND TO DELETE THE PROVISION WHEREBY APPOINTMENTS TO THE BOARD OF THE BERKELEY COUNTY DEPARTMENT OF SOCIAL SERVICES ARE MADE PURSUANT TO ACT 159 OF 1995 WHICH DEVOLVED THIS APPOINTING AUTHORITY TO THE GOVERNING BODY OF BERKELEY COUNTY.

H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.

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

Senator DRUMMOND proposed the following amendment (DRUMMOND-4869), which was adopted:

Amend the bill, as and if amended, page 1, by deleting lines 27 through 32 and inserting the following:

\     "Section 53-3-160.   The eleventh day of September of each year is designated as a State Day of Remembrance for the victims of the tragic events of September 11, 2001, and for the firefighters, law enforcement, National Guard, emergency service personnel, and 911 telecommunicators who risk their lives and contribute every day to ensure the safety of South Carolina's citizens."       /

Renumber sections to conform.

Amend title to conform.

Senator DRUMMOND 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 Joint Resolution was read the third time and ordered sent to the House of Representatives:

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

By prior motion of Senator MOORE, with unanimous consent

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

S. 1253 (Word version) -- Senator Waldrep: A BILL TO PROVIDE THAT DESIGNATED PARCELS OF PROPERTY IN ANDERSON COUNTY ARE MADE A PART OF ANDERSON COUNTY SCHOOL DISTRICT FIVE.

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

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

Senator FAIR proposed the following amendment (GGS\22502CM02), which was adopted:

Amend the bill, as and if amended, Section 23-19-20(B), as contained in SECTION 1, page 1, by inserting / also / after / must / on line 41 and by deleting / that is being used / after / facility / on line 42. /

Amend title to conform.

Senator FAIR 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.

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

H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 1252 (Word version) -- Senators Grooms, Matthews and Pinckney: A BILL TO REPEAL ACT 917 OF 1964 RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.

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.

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

Senator HUTTO proposed the following amendment (HUTTO4629-1), which was adopted:

Amend the bill, as and if amended, page 2, SECTION 2, line 26, after the word compounds, by striking the word

/     ten     /       and inserting

/     fifteen   /.

Amend the bill further, as and if amended, page 4, SECTION 4, line 35, after Section 44-53-370(e) by striking the word

/     ten     /       and inserting

/     fifteen     /.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

S. 1254 (Word version) -- Senators Ravenel, Branton, Ford, Grooms, Kuhn, McConnell, Mescher and Pinckney: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.

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

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

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

S. 1173 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE SOUTH CAROLINA AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF COMMERCIAL FERTILIZER COMPANIES, SO AS TO REQUIRE A FERTILIZER DISTRIBUTOR TO OBTAIN A PERMIT ANNUALLY FROM THE STATE CROP PEST COMMISSION AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 46-25-1170, RELATING TO PENALTIES FOR VIOLATIONS OF THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO INCLUDE SANCTIONS AGAINST PERMITS ISSUED PURSUANT TO THIS CHAPTER.

On motion of Senator WALDREP, with unanimous consent, the Bill was recommitted to the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recommitted to the Committee on Agriculture and Natural Resources.

S. 1101 (Word version) -- Senators Grooms and Mescher: A BILL TO PROVIDE THAT, PRIOR TO CONSTRUCTION OF RAILROADS IN BERKELEY COUNTY, A STUDY MUST BE CONDUCTED BY THE BERKELEY COUNTY LEGISLATIVE DELEGATION CONCERNING THE ECONOMIC AND ENVIRONMENTAL IMPACT OF THAT CONSTRUCTION PROJECT AND PROVIDE THAT, IF THE DELEGATION FINDS THAT THE PROJECT WOULD DIMINISH PROPERTY VALUES WITHIN BERKELEY COUNTY, THE PROJECT MAY NOT BE COMMENCED WITHOUT APPROVAL OF THE GENERAL ASSEMBLY.

Senator GROOMS asked unanimous consent to refer the Bill to the Berkeley County Legislative Delegation.

There was no objection.

The Bill was referred to the local delegation.

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

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

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

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

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING AND AMENDING CERTAIN SECTIONS IN TITLE 7 RELATED TO ELECTION PROCEDURES. (ABBREVIATED TITLE)

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

Senator MARTIN explained the Bill.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

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

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

Senator ELLIOTT proposed the following Amendment No. 2 (SWB\ 5252ZCW02), which was tabled:

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

/ SECTION   __.   A.   Title 27 of the 1976 Code is amended by adding:

Section 27-42-10.   This chapter may be cited as the 'South Carolina Vacation Rental Act'.

Section 27-42-20.   (A)   This chapter applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this chapter.

(B)   This chapter does not apply to:

(1)   lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45 including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;

(2)   any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);

(3)   rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

Section 27-42-30.   As used in this chapter:

(1)   'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.

(2)   'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.

(3)   'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

(4)   'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.

(5)   'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.

Section 27-42-40.   (A)   An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this chapter. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:

(1)   the tenant's signature on the vacation rental agreement including electronic signatures transmitted over the internet or other similar medium;

(2)   the tenant's payment of any monies towards the vacation rental agreement;

(3)   the tenant's taking possession of the property subject to the vacation rental agreement.

(B)   A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.

(C)   An owner or rental management company who is a party to a vacation rental who intentionally fails to use a written vacation rental agreement as required by this section commits an unfair trade practice in violation of Chapter 5 of Title 39.

(D)   A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this chapter. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.

Section 27-42-50.   (A)   The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than one hundred eighty days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than one hundred eighty days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments toward the agreement within forty-five days of the recording of the transfer of interest.

(B)   Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. The failure of a grantor or grantee to comply with the provisions of this section constitutes an unfair trade practice in violation of Chapter 5 of Title 39. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.

Section 27-42-60.   If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order."

B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON argued contra to the adoption of the amendment.

Senator RICHARDSON moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ELLIOTT proposed the following Amendment No. 3 (3601R001.DE), which was ruled out of order:

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

/ SECTION   __.   A.   Title 27 of the 1976 Code is amended by adding:

Section 27-42-10.   This chapter may be cited as the 'South Carolina Vacation Rental Act'.

Section 27-42-20.   (A)   This chapter applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this chapter.

(B)   This chapter does not apply to:

(1)   lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45 including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, and provide a centralized telephone system, and provide housekeeping services at no additional charge;

(2)   any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);

(3)   rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

Section 27-42-30.   As used in this chapter:

(1)   'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.

(2)   'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.

(3)   'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.

(4)   'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.

(5)   'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.

Section 27-42-40.   (A)   An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this chapter. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:

(1)   the tenant's signature on the vacation rental agreement including electronic signatures transmitted over the internet or other similar medium;

(2)   the tenant's payment of any monies towards the vacation rental agreement;

(3)   the tenant's taking possession of the property subject to the vacation rental agreement.

(B)   A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which may be nonrefundable, must be stated in the vacation rental agreement.

(C)   An owner or rental management company who is a party to a vacation rental who intentionally fails to use a written vacation rental agreement as required by this section commits an unfair trade practice in violation of Chapter 5 of Title 39.

(D)   A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this chapter. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.

Section 27-42-50.   (A)   The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than one hundred eighty days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than one hundred eighty days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments towards the agreement within forty-five days of the recording of the transfer of interest.

(B)   Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. The failure of a grantor or grantee to comply with the provisions of this section constitutes an unfair trade practice in violation of Chapter 5 of Title 39. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge.

Section 27-42-60.   If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order."

B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators MARTIN and ELLIOTT spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator RITCHIE proposed the following Amendment No. 4 (JUD3601.005), which was adopted:

Amend the bill, as and if amended, page 3, line 20, in Section 27-50-30(13), as contained in SECTION 1, by striking line 20 and inserting therein /   complete a disclosure statement.   /

Amend the bill further, as and if amended, page 3, beginning on line 23, in Section 27-50-40(A), as contained in SECTION 1, by striking lines 23 and 24 and inserting therein the following:

/   furnish to a purchaser a written disclosure statement. The disclosure statement must contain the /.

Amend the bill further, as and if amended, page 4, line 37, in Section 27-50-60, as contained in SECTION 1, by striking line 37, and inserting therein the following:

/   disclosure statement to a purchaser,   /.

Amend the bill further, page 5, line 1, as contained in SECTION 1, by adding Section 27-50-65 to read:

/   Section 27-50-65.   An owner who knowingly violates or fails to perform any duty prescribed by any provision of this chapter or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs. The court may award reasonable attorney fees incurred by the prevailing party.   /

Amend the bill further, as and if amended, page 5, beginning on line 2, in Section 27-50-70(A), as contained in SECTION 1, by striking lines 2 and 3 and inserting therein the following:

/   Section 27-50-70.   (A)   A listing agent or any real estate licensee operating for any party in a residential real estate transaction must inform in writing each owner covered by the listing   /.

Amend the bill further, as and if amended, page 5, line 27, in Section 27-50-90(A), as contained in SECTION 1, by striking line 27 and inserting therein the following:

/   affected, as described in subsection (B).   /

Amend the bill further, as and if amended, page 5, line 41, in Section 27-50-90(C), as contained in SECTION 1, by striking /impacts/ and inserting /   effects /.

Amend the bill further, as and if amended, page 6, line 7, in SECTION 1, by adding Section 27-50-110 to read:

/   Section 27-50-110.   Nothing in this chapter is intended to prevent the parties to a contract of sale from entering into agreements of any kind or nature with respect to the physical condition of the property to be sold including, but not limited to, agreements for the sale of real property 'as is'."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator ELLIOTT spoke on the amendment.

At 3:35 P.M., Senator McCONNELL assumed the Chair.

Senator ELLIOTT continued speaking on the amendment.

At 3:46 P.M., with Senator ELLIOTT retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed three minutes.

At 3:48 P.M., the Senate resumed.

Senator ELLIOTT moved that the amendment be adopted.

The amendment was adopted.

Senator ELLIOTT spoke on the Bill.

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

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

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Frederick D. Watson, 150 Kelseys Mill Road, Campobello, S.C. 29322

At 3:49 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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