Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear St. Mark, Chapter 8:23f:
"He took the blind man by the hand and led him out of the village; and when he had put saliva on his eyes and laid his hands on him, he asked him, "Can you see anything?" And the man looked up and said, "I can see people, but they look like trees, walking."
Let us pray.
Heavenly Father, we daily need the gift of perspective!
Help us to distinguish between men and trees, between the shadow and the substance, between living issues that are vital for the life of our people and the unimportant things that are better forgotten!
Help us to see things in focus... unblurred! So, as the old poet said, "Dawn on our darkness,
and Lend us thine aid."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2722
Agency: Department of Labor, Licensing and Regulation
Board of Medical Examiners
Subject: Exemption for Team Physicians; Limited Practice Permitted
Received by Lieutenant Governor March 12, 2002
Referred to Medical Affairs Committee
House Requested Withdrawal April 23, 2002
120 Day Period Tolled
Withdrawn May 7, 2002
The following were received:
Document No. 2684
Agency: Board of Education
Subject: Renewal of Credentials
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Revised May 28, 2002
House Requested Withdrawal May 7, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 8, 2002
Document No. 2694
Agency: Education Lottery Commission
Subject: South Carolina Education Lottery
Received by Lieutenant Governor January 15, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 15, 2002
Revised Review Expiration Date May 22, 2002 (20 Day Minimum)
House Requested Withdrawal May 1, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 2, 2002
Document No. 2709
Agency: Commission on Higher Education
Subject: Nonpublic Postsecondary Institutions
Received by Lieutenant Governor March 14, 2002
Referred to Education Committee
Legislative Review Expiration July 12, 2002
(Subject to Sine Die Revision)
Revised July 19, 2002
(Subject to Sine Die Revision)
House Requested Withdrawal April 30, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 7, 2002
Senator McCONNELL introduced Dr. Robert W. Cain of Charleston, S.C., Doctor of the Day.
At 3:00 P.M., Senator RITCHIE requested a leave of absence for Thursday, May 9, 2002.
At 3:30 P.M., Senator HAWKINS requested a leave of absence until 11:00 A.M. Thursday, May 9, 2002.
At 4:05 P.M., Senator HUTTO requested a leave of absence until 11:00 A.M. Thursday, May 9, 2002.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator THOMAS rose for an Expression of Personal Interest.
The following were introduced:
S. 1270 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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Introduced and referred to the Committee on Invitations.
S. 1271 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MRS. ETHEL M. BOLDEN OF COLUMBIA FOR HER NUMEROUS CONTRIBUTIONS TO CIVIC AND EDUCATIONAL ENDEAVORS IN THE COLUMBIA AREA AND HER TIRELESS SUPPORT OF THE RICHLAND COUNTY PUBLIC LIBRARY.
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The Senate Resolution was adopted.
S. 1272 (Word version) -- Senators Short, Peeler, Bauer and Ritchie: A SENATE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF SARAH BESS MCCOLLUM SMITH OF UNION COUNTY UPON HER DEATH AND EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
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The Senate Resolution was adopted.
S. 1273 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO COMMEND SOUTH CAROLINA'S NURSES FOR THEIR INVALUABLE CONTRIBUTIONS TO THE QUALITY OF OUR LIVES AND TO DESIGNATE THE WEEK OF MAY 6-12, 2002, AS "NURSES WEEK" IN SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1274 (Word version) -- Senators Hawkins, Ritchie and Reese: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE RYAN SIMS OF SPARTANBURG FOR BEING DRAFTED NUMBER SIX BY THE KANSAS CITY CHIEFS IN THE RECENT NFL DRAFT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator MOORE, S. 1275 was ordered to receive a second reading on Thursday, May 9, 2002.
H. 4859 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND TO APIARY PRODUCTS THE EXEMPTION FOR FARM, GROVE, VINEYARD, AND GARDEN PRODUCTS SOLD IN THE ORIGINAL STATE OF PRODUCTION BY THE PRODUCER OR THE PRODUCER'S IMMEDIATE FAMILY.
Read the first time and referred to the Committee on Finance.
H. 4955 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTIONS 44-7-2520 AND 44-7-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INFANTS AND TODDLERS WITH DISABILITIES ACT AND THE STATE INTERAGENCY COORDINATING COUNCIL ESTABLISHED TO ASSIST IN THE DEVELOPMENT OF AN INTERAGENCY SYSTEM TO PROVIDE SERVICES PURSUANT TO THIS ACT, SO AS TO CHANGE THE NAME OF THE COUNCIL TO THE "SOUTH CAROLINA INTERAGENCY COORDINATING COUNCIL"; TO AMEND SECTION 44-7-2560, RELATING TO INDIVIDUALIZED FAMILY SERVICE PLANS FOR INFANTS AND TODDLERS RECEIVING SERVICES UNDER THIS ACT, SO AS TO SPECIFY WHO IS COVERED BY THE PLAN, TO SPECIFY THAT THE PLAN MUST BE DEVELOPED WITHIN FORTY-FIVE DAYS AFTER REFERRAL, TO REQUIRE A NEW PLAN TO BE DEVELOPED ANNUALLY, AND TO REQUIRE THE PLAN TO BE REVIEWED WITH THE FAMILY EVERY SIX MONTHS; TO AMEND SECTION 44-7-2570, RELATING TO FUNDING OF THE SERVICES TO BE DELIVERED, SO AS TO PROVIDE THAT CERTAIN FEDERAL FUNDS, INCLUDING CERTAIN MEDICAID FUNDING, MUST BE USED TO PROVIDE SERVICES AND TO REQUIRE LOCAL AND STATE FUNDS FOR EARLY INTERVENTION SERVICES TO BE AT LEAST EQUAL TO FUNDS EXPENDED IN THE MOST RECENT PRECEDING FISCAL YEAR; TO AMEND SECTION 44-7-2600, RELATING TO REPORTS ON THE STATUS OF THE SYSTEM TO BE PROVIDED ANNUALLY TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO PROVIDE THAT THESE REPORTS INSTEAD MUST BE SUBMITTED TO THE GOVERNOR AND TO THE HEALTH AND EDUCATION COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND TO AMEND SECTION 44-7-2610, RELATING TO THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, SO AS TO REQUIRE THE ESTABLISHMENT OF MULTICOUNTY COORDINATION TEAMS AND TO PROVIDE FOR THEIR PURPOSE AND MEMBERSHIP.
Read the first time and referred to the Committee on Medical Affairs.
H. 5230 (Word version) -- Reps. Scarborough and Altman: A CONCURRENT RESOLUTION CONGRATULATING JAMES ISLAND CHRISTIAN SCHOOL OF CHARLESTON COUNTY ON WINNING THE SOUTH CAROLINA ENVIROTHON COMPETITION ON APRIL 26, 2002, IN COLUMBIA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5233 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A THIRTEENTH CONSECUTIVE FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5234 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO COMMEND HEAD COACH FRED SENTER OF MULLINS HIGH SCHOOL FOR HIS EXTRAORDINARY CAREER AS BOTH A COACH AND AN EDUCATOR AND TO CONGRATULATE HIM ON BEING INDUCTED INTO SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5235 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK COMMISSIONER JAMES M. "MIKE" MCMICHAEL OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION FOR HIS LEADERSHIP AND DEDICATED SERVICE TO THE HOME BUILDING INDUSTRY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEAVES THE STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5236 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MRS. ANNIE B. DAVIS OF RICHLAND COUNTY ON THE OCCASION OF HER SIXTY-FIFTH BIRTHDAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5242 (Word version) -- Reps. Lucas, Simrill, Meacham-Richardson and Kirsh: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ANNA HARDIN AND KELTY ALLEN, ROOMMATES AT THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS, FOR THEIR AMAZING ACCOMPLISHMENT OF BOTH SCORING A PERFECT 1600 ON THE SAT ON MARCH 16, 2002.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5243 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE SERGEANT PHILLIP CAIN OF HORRY COUNTY ON BEING NAMED MYRTLE BEACH POLICE OFFICER OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5244 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JAMES D. BATCHLER OF CHEROKEE COUNTY FOR HIS TIME AND EFFORT GIVEN TO HELP RAISE FUNDS TO ESTABLISH A LIBRARY IN BLACKSBURG AND HIS MANY OTHER CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator ANDERSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
S. 1193 (WORD VERSION) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.
Ordered for consideration tomorrow.
Senator KUHN from the Committee on Judiciary submitted a favorable report on:
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE SOUTH CAROLINA STUDENT-LED MESSAGE ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO ENHANCE SECURITY AT THE NATION'S PORTS, WATERFRONT INDUSTRIAL FACILITIES, AND OTHER TRANSPORTATION-RELATED FACILITIES.
Ordered for consideration tomorrow.
Columbia, S.C., May 7, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
asks for a Committee of Conference, and has appointed Reps. J. Smith, G. M. Smith and Campsen to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 7, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Martin, Lourie and Townsend to the Committee of Conference on the part of the House on:
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 7, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
asks for a Committee of Conference, and has appointed Reps. Stille, Miller and Webb to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 7, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4656 (Word version) -- Rep. F.N. Smith: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED-TWENTY DAYS AFTER THE FILING.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
The House returned the Joint Resolution with amendments.
Senator FAIR 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 concurrence with the House amendments.
Senators THOMAS and RITCHIE proposed the following amendment (BBM\9115HTC02), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1(B), page 2, by inserting after the comma on line 18:
/ Sentencing Guidelines Commission, /
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (1010R001.GFM), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking line 12 and inserting therein the following:
/ Members shall serve without compensation and are not entitled to receive mileage, per diem, and subsistence. A vacancy of an /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint resolution was read the third time and ordered returned to the House of Representatives with amendments.
S. 1267 (Word version) -- Senators Jackson and Pinckney: A CONCURRENT RESOLUTION TO RECOGNIZE ROBERT SMALLS ON THE OCCASION OF THE ONE HUNDRED FORTIETH ANNIVERSARY OF HIS CAPTURE OF A CONFEDERATE VESSEL.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 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.
H. 4882 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A BILL TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE..
By prior motion of Senator HOLLAND
H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.
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.
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
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.
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (JUD3697.004), which was adopted:
Amend the bill, as and if amended, page 1, line 40, in Section 17-3-310(A)(1), as contained in SECTION 1, by striking lines 39-42 in their entirety and inserting therein the following:
/ Of these five members, three must be public defenders, of whom at least one must be a part-time public defender, and two must be private attorneys who primarily practice criminal defense law. Of these five members, no more than one member may be from each congressional district. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER 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.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators FAIR and JACKSON proposed the following amendment (3174R001.MLF), which was adopted:
Amend the bill, as and if amended, Section 59-29-35, page 2, immediately after line 6, by inserting:
/ Only during Home School Awareness Week shall these affected educational facilities provide the same special admission opportunities to home schooled students and their parents or guardians who serve as the students' teachers as they do to public or private school students and their teachers. /
Renumber sections to conform.
Amend title to conform.
Senator FAIR 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 Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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.
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.
S. 1266 (Word version) -- Senator McGill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG 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.
By prior motion of Senator McGILL, with unanimous consent
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.
Senator RICHARDSON explained the Bill.
Senator RICHARDSON asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection.
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
Senator RICHARDSON explained the Bill.
H. 4954 (Word version) -- Reps. Townsend, Martin, W.D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J.H. Neal, J.M. Neal, D.C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
Senator RICHARDSON explained the Bill.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD3014.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 7, in Section 56-3-150, as contained in SECTION 1, by striking lines 7-34 and inserting therein the following:
/ (C) After receipt of a written inquiry from the auditor of any county in which public records show that a person owns or leases real or personal property in that county, the person who is the owner or operator of a nonregistered vehicle must respond within thirty days with a sworn written statement that:
(1) describes each vehicle owned or operated by him;
(2) details the registration location for each vehicle owned or operated by him;
(3) gives the date each vehicle was first owned or operated by him; and
(4) affirms that he has not established domicile in the county.
(D) The written inquiry by the auditor must be delivered in person or sent by certified letter, return receipt requested, to the nonresident's last known address. Before the auditor may send the written inquiry, the auditor must have received a credible report that a person may own or operate a nonregistered vehicle and that the person also may own or lease real or personal property in the county. The determination regarding whether the report is credible is within the discretion of the auditor.
(E)(1) The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.
(2) A person who wilfully fails to respond to an inquiry from the county auditor and is subsequently shown to have a nonregistered vehicle, who files a false sworn statement, or who otherwise wilfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest.
(F) For purposes of this section, 'nonregistered vehicle' means a vehicle that is not registered in South Carolina." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following amendment (NBD\11711CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION _. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Registration and Licensing of All-Terrain Vehicles
Section 56-3-1420. As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle measuring fifty inches or less in width, having a dry weight of six hundred pounds or less, designed primarily for recreational nonhighway travel, traveling on three or more low-pressure tires, having a seat designed to be straddled by the operator, and having handlebars for steering control.
Section 56-3-1425. An owner of an ATV shall make application to the Department of Public Safety for a certificate of registration and a permanent decal for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department accompanied by an affidavit affirming ownership of the ATV or a bill of sale from the place of business where the ATV was purchased.
Section 56-3-1430. The certificate of registration must be in the possession of a person transporting the vehicle on South Carolina highways or operating the vehicle on public land or land of a person other than the registered owner.
Section 56-3-1435. A law enforcement officer may stop and require the operator or person transporting the ATV to produce its certificate of registration, which must be made available to a law enforcement officer upon request. If the ATV's Vehicle Identification Number is missing or altered or if its operator or the person transporting the ATV unlawfully refuses to present the certificate of registration upon request of a county or municipal law enforcement agency, the law enforcement agency may take possession of the vehicle until the certificate of registration is presented or, the law enforcement agency may issue a ticket with the day and time the person must appear in court with the certificate of registration.
Section 56-3-1440. When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means a vehicle which was registered in this State, the person who receives the vehicle shall within forty-five days after the transfer of ownership, make application to the department accompanied by the required fee for registration and an affidavit affirming ownership of the ATV, or a bill of sale from the place of business where the ATV was purchased. The department shall issue a certificate of registration once it has received a properly completed application. An owner of an ATV, before the enactment of this article, who cannot provide proof of ownership must request an affidavit from the sheriff in the county in which he resides. The affidavit shall state that the sheriff finds the person making application for the title is the legal owner of the ATV. Before issuing the affidavit the sheriff must verify through the National Crime Information Center that the ATV is not stolen. The department shall issue a title and certificate of registration to the owner upon presentation of the affidavit.
Section 56-3-1445. The registration fee for an ATV is twenty-five dollars.
Section 56-3-1450. (A) It is unlawful for a person to operate an ATV on a public highway and its shoulder except as a means of reaching a crossing point on a highway.
(B) An ATV may cross a public highway and its adjacent shoulder if the:
(1) crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a safe crossing;
(2) ATV is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(3) driver yields the right-of-way to all oncoming traffic which is an immediate hazard; and
(4) crossing is only made at an intersection of the divided highway with another public highway when the ATV crosses a divided highway."/
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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 Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.
On motion of Senator LEVENTIS, with unanimous consent, H. 5181 was ordered to receive a third reading on Thursday, May 9, 2002.
H. 5216 (Word version) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: A BILL TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.
By prior motion of Senator HAYES
S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
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.
H. 4530 (Word version) -- Rep. Sharpe: 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 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
H. 5212 (Word version) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator McCONNELL proposed the following amendment (5202R001.GFM):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. (A) There is established the Horry, Georgetown, and Williamsburg Counties Water and Sewer Study Committee composed of fifteen members. Five members must be appointed by the legislative delegations representing Horry, Georgetown, and Williamsburg Counties. In making the appointments, consideration should be given to appointing persons with knowledge and expertise in the delivery of water and sewer services in the three county area.
(B) The committee shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and such other officers as the committee may consider necessary.
(C) The members of the committee may not receive compensation and are not entitled to receive mileage, per diem, and subsistence.
(D) The committee shall study:
(1) the issues associated with the delivery of water and sewer services to the users in Horry, Georgetown, and Williamsburg Counties;
(2) the problems confronting counties, municipalities, special purpose districts, and public service districts in Horry, Georgetown, and Williamsburg Counties in the delivery of water and sewer services which have resulted from rapid growth and development of recent years;
(3) all phases of the delivery of water and sewer services in the three county area give adequate consideration to long-range planning in order to facilitate the orderly delivery of water and sewer services to the users in the three county area; and
(4) the feasibility of establishing a regional water and sewer authority comprising the entities presently providing water and sewer services in the Horry, Georgetown, and Williamsburg Counties.
(E) The committee shall make a report to the legislative delegations representing Horry, Georgetown, and Williamsburg Counties no later than March 1, 2003, at which time the committee shall dissolve.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
On motion of Senator RANKIN, with unanimous consent, the Bill was carried over.
On motion of Senator HUTTO, with unanimous consent, the following Bills were recommitted to the appropriate committees:
S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
Recommitted to the Committee on Judiciary
S. 674 (Word version) -- Senators Wilson, Grooms, Hawkins, Rankin and Passailaigue: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NON-FRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NON-FRANCHISE AUTOMOBILE DEALERS.
Recommitted to the Committee on Transportation
S. 1110 (Word version) -- Senators J. Verne Smith, McConnell, Richardson, Leatherman, Courson, Mescher, Grooms, Peeler, Alexander, Ravenel, Ryberg, Branton, Giese, Thomas, Verdin, Martin, Kuhn, Hayes, Hawkins, Fair, Drummond, O'Dell, McGill, Reese and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3392 SO AS TO ESTABLISH A REFUNDABLE NURSING HOME TAX CREDIT FOR CERTAIN PRIVATE, NONPROFIT NURSING HOMES AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT IS EQUAL TO THE SAME PERCENTAGE OF THE TOTAL AMOUNT REFUNDABLE AS THE NUMBER OF PATIENT DAYS PROVIDED BY A NURSING HOME TO THE TOTAL NUMBER OF PATIENT DAYS PROVIDED BY ALL ELIGIBLE NURSING HOMES.
Recommitted to the Committee on Finance
S. 753 (Word version) -- Senators Fair and Short: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED "STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT", SO AS TO REVISE THE ARTICLE NAME; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THIS ARTICLE, SO AS TO REVISE THE PURPOSE TO INCLUDE CARRYING OUT THE STATE'S HEALTH PLANNING EFFORT AND TO DELETE THE PROVISION RELATING TO DEVELOPING PROCEDURES FOR THE APPLICATION AND REVIEW PROCESS FOR CERTIFICATES OF NEED; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS ARTICLE, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DELETE OTHERS; TO AMEND SECTION 44-7-150, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE PURPOSES OF THIS ARTICLE, SO AS TO INCLUDE DATA COLLECTION; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES UNDER WHICH A CERTIFICATE OF NEED IS REQUIRED, SO AS TO REVISE THESE CIRCUMSTANCES; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE ARTICLE, SO AS TO REVISE THE EXEMPTIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE HEALTH PLANNING COMMITTEE AND THE STATE HEALTH PLAN, SO AS TO REVISE THE CONTENTS OF THE PLAN AND TO REQUIRE THAT THE DEPARTMENT BE NOTIFIED WHEN A PERSON PROPOSES TO OFFER HEALTH SERVICES FOR WHICH UTILIZATION DATA ARE MAINTAINED IN THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-190 RELATING TO PROJECT REVIEW CRITERIA FOR USE IN DETERMINING THE NEED FOR HEALTH CARE FACILITIES, BEDS, SERVICES, AND EQUIPMENT, SO AS TO SPECIFICALLY DEFINE THE EQUIPMENT REQUIRING USE OF THIS CRITERIA IN DETERMINING THE NEED FOR THE EQUIPMENT; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOR COMPLETION OF CERTIFICATE OF NEED APPLICATIONS AND FOR APPEALS OF STAFF DECISIONS, SO AS TO CLARIFY THESE PROCEDURES TO REVISE THE DATE INDICATING WHEN CERTAIN METHADONE TREATMENT FACILITIES DO NOT HAVE TO OBTAIN A CERTIFICATE OF NEED; TO AMEND SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF A FINAL BOARD DECISION, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO LIMITATIONS ON A CERTIFICATE OF NEED, SO AS TO PROVIDE PENALTIES WHEN IMPLEMENTATION OF A PROJECT OR THE OPERATION OF A FACILITY IS NOT IN ACCORDANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 44-69-75, AS AMENDED, RELATING TO HOME HEALTH AGENCIES REQUIRING A CERTIFICATE OF NEED, SO AS TO DELETE THE PROVISION EXEMPTING HOME HEALTH AGENCIES FROM THE CERTIFICATE OF NEED IF THE AGENCY PROVIDED HOME HEALTH SERVICES BEFORE JULY 1, 1980; TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY BEFORE JULY 1, 2003, OF OTHER STATES THAT HAVE REPEALED THEIR CERTIFICATE OF NEED PROGRAMS; AND TO REPEAL SECTION 44-7-185 RELATING TO A TASK FORCE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES AND SECTION 44-7-240 RELATING TO FACILITIES CONSTRUCTION PROGRAM.
Recommitted to the Committee on Medical Affairs
S. 72 (Word version) -- Senators Leventis, Ford and Elliott: A BILL TO AMEND SECTION 61-4-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A BEER AND WINE PERMIT AND TO AMEND SECTION 61-6-120, AS AMENDED, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.
Recommitted to the Committee on Judiciary
S. 250 (Word version) -- Senators Waldrep, Branton and Hawkins: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Recommitted to the Committee on Judiciary
S. 156 (Word version) -- Senators Leventis, Glover, Ford, Thomas and Reese: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH, AMONG OTHER THINGS, ESTABLISHES REQUIREMENTS, CRITERIA, AND PROCEDURES FOR THE ESTABLISHMENT OF PRIORITY AGRICULTURAL LAND AREAS AND THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING AND ENHANCING AGRICULTURAL AND FOREST LANDS AS A VIABLE SEGMENT OF THE STATE'S ECONOMY; WHICH PROVIDES FOR COMPENSATION OF LANDOWNERS FOR RELINQUISHMENT OF THE RIGHT TO DEVELOP PRIVATE PROPERTY; WHICH ESTABLISHES THE STATE PRIORITY AGRICULTURAL LAND BOARD WITHIN THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER A PROGRAM TO DISBURSE FUNDS FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, AND TO PROVIDE FOR ITS MEMBERS AND THEIR POWERS AND DUTIES; AND WHICH AUTHORIZES COUNTY COUNCILS TO ESTABLISH COUNTY PRIORITY AGRICULTURAL LAND BOARDS AND TO PROVIDE FOR THEIR POWERS AND DUTIES.
Recommitted to the Committee on Agriculture and Natural Resources
S. 298 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-175 SO AS TO PROVIDE THAT A COUNTY GOVERNING BODY IN AGREEMENT WITH A SHERIFF OR JAIL ADMINISTRATOR MAY ADOPT A PRISONER REIMBURSEMENT POLICY FOR A JAIL THAT REQUIRES A PERSON CONFINED TO A JAIL TO REIMBURSE THE COUNTY FOR EXPENSES IT INCURS FOR THE PERSON'S CONFINEMENT.
Recommitted to the Committee on Corrections and Penology
S. 348 (Word version) -- Senators Branton, Grooms, McConnell, Ravenel, Giese, Mescher, Ryberg, Peeler, Hayes, Thomas, Fair, Wilson, Waldrep, Verdin, Leatherman and Martin: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF CERTAIN TERMS THAT APPLY TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO REVISE THE DEFINITION OF "INVOLUNTARY REASSIGNMENT" TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO REASSIGN A DIRECTOR OF A DEPARTMENT OF CORRECTIONS' INSTITUTION TO ANY FACILITY WITHIN THE STATE.
Recommitted to the Committee on Corrections and Penology
S. 647 (Word version) -- Senators Ford, Gregory and Hayes: A BILL TO CREATE A JOINT INTERSTATE COMMISSION BETWEEN NORTH CAROLINA AND SOUTH CAROLINA TO STUDY AND MAKE FOR INTEGRATED MANAGEMENT OF THE CATAWBA-WATEREE RIVER BASIN, TO INVITE THE STATE OF NORTH CAROLINA TO JOIN THE COMMISSION, AND TO APPROPRIATE FUNDS FOR THE COMMISSION'S WORK.
Recommitted to the Committee on Agriculture and Natural Resources
S. 64 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 20-7-100 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT EACH PARENT, CUSTODIAL AND NONCUSTODIAL, HAS EQUAL INPUT INTO MAJOR FINANCIAL OR SUBSTANTIAL CHANGES OF CIRCUMSTANCES OF THE WELFARE OF THE CHILDREN UNLESS PROHIBITED BY AN ORDER OF THE FAMILY COURT.
Recommitted to the Committee on Judiciary
S. 261 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MARRIED STUDENT RESIDING IN AN APARTMENT PROVIDED BY A PUBLIC OR PRIVATE SCHOOL WHO IS AUTHORIZED TO CARRY A WEAPON PURSUANT TO THE PROVISIONS RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, AND REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW-ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Recommitted to the Committee on Judiciary
S. 280 (Word version) -- Senators Wilson, Ryberg, Gregory and Giese: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Recommitted to the Committee on Judiciary
S. 550 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".
Recommitted to the Committee on Agriculture and Natural Resources
H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G.M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5194 (Word version) -- Reps. Townsend, Barrett, Sharpe and Martin: 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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
Senator RANKIN asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Resolution.
Senator LEATHERMAN proposed the following amendment (DKA\4882ZW02), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, page 1, by deleting line 35 and inserting:
/ revenue from the fiscal years 2001-2002 and 2002-2003 may be carried forward into /.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator RANKIN asked unanimous consent to carry over the Joint Resolution, as amended.
There was no objection.
The Resolution 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.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LEVENTIS proposed the following Amendment No. P-2 (JUD3789.009), which was adopted:
Amend the committee report, as and if amended, page [3789-4], beginning on line 39, in Section 7-13-210, as contained in SECTION 6, by striking line 39 through line 13 on page [3789-5], and inserting therein the following:
/ and other similar district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, members of a governing body may be elected in elections to be conducted on the first Tuesday following the first Monday in April or November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner as provided in this article.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in April or November.
(C) If the election for members of a governing body is not held as provided in subsection (B), the members must be elected at the time of the general election. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
At 3:18 P.M., on motion of Senator LEVENTIS, the Senate receded from business not to exceed two minutes.
At 3:20 P.M., the Senate resumed.
Senator LEVENTIS resumed explaining the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD3789.006), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 7-5-15. (A) All members of boards of registration, county election commissions, and combined county boards of registration and county election commissions must be appointed for terms of four years. A majority minus one of the members must be appointed for terms of two years and the remaining members must be appointed for terms of four years to establish staggered terms. All terms begin on the date of appointment and end on March thirty-first of the year the term ends.
(B) A member of a county board of registration, county election commission, or a combined county board of registration and county election commission may be removed for cause by the Governor pursuant to Section 1-3-240(C).
(C) Nothing in this section prohibits a legislative delegation from recommending to the Governor the removal of a board or commission member pursuant to Section 7-13-70."
SECTION 2. Article 1, Chapter 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-25. (A) Failure by a member of a county registration board, a combined county election and registration commission, or a county election commission to complete or make satisfactory progress toward completion of the certification and training requirements of Section 7-5-10, 7-5-35, or 7-13-70, as applicable, and as determined by the State Election Commission, constitutes neglect of duty for which the member must be removed from office by the Governor.
(B) No later than February fifteenth of every even-numbered year, the State Election Commission must report to the Governor and the respective legislative delegation or other recommending authority the progress of the officials named in subsection (A) of this section toward completion of the training and certification requirements applicable to these officials."
SECTION 3. Section 7-11-210 of the 1976 Code is amended to read:
"Section 7-11-210. Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall must file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on March thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: 'I hereby file my notice as a candidate for the nomination as __________ in the primary election or convention to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office'.
Every candidate for selection in a primary election or convention as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall must file with and place in the possession of the county chairman or other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary or convention must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of the county chairman or other officer as may be named by the county committee with whom the candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in on behalf of a candidate shall is not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election or convention shall thereafter offer offers or campaign campaigns as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall must forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order."
SECTION 4. Section 7-13-110 of the 1976 Code, as last amended by Act 337 of 2000, is further amended to read:
"Section 7-13-110. All managers of election for the various polling places in the State must be residents and registered electors of the respective counties in which they are appointed to work or in an adjoining county. Any A person at least sixteen years of age who has completed the training required by Section 7-13-72, who is a resident of the State, and who is not otherwise disqualified by law may be appointed as a poll manager's assistant by the appropriate county election commission. A sixteen- or seventeen-year-old appointed as a poll manager's assistant may shall not serve as chairman of the managers or clerk in the polling place to which he or she are appointed. Sixteen- and seventeen-year-olds must serve under supervision of the chairman of the managers of the polling place, and their specific duties must be prescribed by the county election commission. One sixteen- or seventeen-year-old assistant poll manager may be appointed for every two regular poll workers appointed to work in a precinct."
SECTION 5. Section 7-13-190(B) of the 1976 Code is amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to before, or no more than fifteen days after the general election, the special election shall must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION 6. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Uniform Election Procedure Act
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, school district, special purpose district, or public service district, which include, but are not limited to, water, sewer, fire, recreation, and other similar district offices, but which specifically excludes soil conservation district offices.
(B) Notwithstanding any other provision of law or special act providing for the election of the members of a governing body, members of a governing body must be elected in elections to be conducted on the first Tuesday following the first Monday in April or November in an odd-numbered year as follows:
(1) If the term for which a current member of a governing body expires in an even-numbered year, that member's term is extended until his successor is elected and qualifies in the manner as provided in this article.
(2) If the term for which a current member of a governing body expires in an odd-numbered year, that member's term is extended until his successor is elected and qualifies in the manner provided in this article on the first Tuesday following the first Monday in April or November.
(C) Members of a soil conservation district must be elected at the time of the general election.
Section 7-13-220. If a member of a governing body, as defined in this article, is currently elected at the time of the general election or on the first Tuesday following the first Monday in November in an odd-numbered year, the provisions of this article control the election of that member.
Section 7-13-230. A member of a governing body, as defined in this article, currently elected in a nonpartisan election as provided by law must continue to be elected in that manner, except that the date of the nonpartisan election must be at the same time in the odd-number year as provided in Section 7-3-210(B).
Section 7-13-240. The terms for a member elected to a governing body are as now provided by law for that governing body.
Section 7-13-250. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-260. The elections provided for in this article including, but not limited to, all dates and times for the conduct of elections currently provided for in the general election in Title 7 apply to and also must be used for the election conducted on the first Tuesday following the first Monday in November in an odd-numbered year and must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section. The cost of the election must be borne by the governing body elected at the times specified in this article on a pro rata basis determined by the entity charged by law with conducting the election.
Section 7-13-270. Members of a governing body shall must continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that governing body.
Section 7-13-280. Vacancies in these offices must be filled as provided by law.
Section 7-13-290. The results of these elections must be determined in the manner provided by law for that governing body.
Section 7-13-300. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be held on a Tuesday.
Section 7-13-310. A referendum on the question of raising the millage limit of a governing body must be held on a Tuesday."
SECTION 7. Section 7-13-860 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:
"Section 7-13-860. Each candidate who is not unopposed in a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election, may appoint a watcher for any voting place where his name appears on the ballot. However, in any general or special election, all candidates who are certified by a political party must be jointly represented at each polling place by not more than two watchers from the party for each one thousand registered voters or fraction thereof registered at the polling place. Each watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch State, and must be certified, in writing, to the managers of the voting precinct to which assigned. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official. Watchers must, at all times, wear visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality. After qualification, watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No watcher may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."
SECTION 8. The 1976 Code is amended by adding:
"Section 7-13-1115. (A) Hand counts of election results may only be conducted if the machine used for the original count malfunctions, and that malfunction is certified by the State Election Commission. The State Election Commission must also certify that the hand count is necessary. If another machine can be substituted for the malfunctioning machine within forty-eight hours of the discovery of the malfunction, the substituted machine must be used and the necessity of the hand count may not be certified. All hand counts must be conducted at the direction of the State Election Commission.
(B) The State Election Commission is directed to establish policies and procedures for all recounts which must be followed by local election commissions."
SECTION 9. Section 7-13-1120 of the 1976 Code is amended to read:
"Section 7-13-1120. (A) If a voter marks more names than there are persons to be elected or nominated to an office or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall must not be counted for such the office; but this shall does not vitiate the ballot, so far as properly marked. Nothing herein in this section shall may be construed to prevent any voter in a general or special election from voting for any qualified person, other than those whose names are printed on the ballot, by writing in the name of the person opposite the office.
(B) The integrity of the ballot is the voter's responsibility. If a hand count is conducted pursuant to Section 7-13-1115, the intent of the voter must be clear from the face of the ballot pursuant to policies and procedures established by the State Election Commission."
SECTION 10. Section 7-13-1340 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:
"Section 7-13-1340. No vote recorder or optical scan voting device shall may be adopted or used unless it shall, at the time, satisfy the following requirements:
(a) It shall provide provides facilities for voting for such the candidates as may be nominated and upon such the questions as may be submitted;
(b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(d) It shall permit permits each elector to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote;
(e) When when used in conjunction with a tabulating machine, it shall must preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall must preclude the counting of votes for more persons for any office than he is entitled to vote for or for fewer than he is required to vote for, and shall must preclude the counting of votes for any candidate for the same office or upon any question more than once;
(f) It shall must permit voting in absolute secrecy, so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he has assisted or is assisting in voting, as prescribed by law;
(g) It shall must be constructed of material of good quality, in a neat and workmanlike manner;
(h) It shall, must when properly operated, record correctly and accurately every vote cast;
(i) It shall must be so constructed that an elector may readily learn the method of operating it; and
(j) It shall must be safely transportable. and
(k) If if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), the voting system must be able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION 11. The 1976 Code is amended by adding:
"Section 7-13-1885. As part of the canvassing and announcement of the results an election required by Section 7-13-1880, the entity charged by law with conducting the election shall must report the aggregate number of electors signing the poll list. This number must be included in the report of the entity charged by law with conducting the election to the State Election Commission."
SECTION 12. Section 7-15-330 of the 1976 Code is amended to read:
"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail in writing from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail in writing only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. A person who represents himself as an authorized representative for a qualified elector who fraudulently signs the required oath is in violation of Section 7-25-190 and, upon conviction, is subject to the penalties for that offense. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section 7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall must serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person Any voter who violates the provisions of this section is subject to the penalties provided for in Section 7-25-170 7-25-20."
SECTION 13. The 1976 Code is amended by adding:
"Section 7-15-335. Before each primary for the general election and the general election, the county board of registration or a trained and certified designee of the board shall must, after prior notification, visit each nursing home or assisted living facility in the county, and offer residents who are qualified the opportunity to apply for an absentee ballot. If the voter needs assistance in completing the application, the board member or designee must provide such assistance and return the completed application to the office of the voter registration board. After determining qualification, the board member or designee must deliver the appropriate absentee ballots to each applicant, provide assistance if necessary and requested, and in cases where electronic machines are not utilized, return the voted ballots to the absentee precinct, and deposit the sealed envelope containing the voted ballots in the ballot box provided. Where electronic machines are utilized, policies and procedures established by the State Election Commission must be followed. All provisions and safeguards established by law regarding absentee voting that are not in conflict with this section are not affected by these provisions."
SECTION 14. Section 7-17-10 of the 1976 Code is amended to read:
"Section 7-17-10. The commissioners of election for Governor, Lieutenant Governor, State state officers, circuit solicitors, members of the General Assembly and county officers or any of such these officers shall must meet in some convenient place at the county seat on the Thursday Friday next following the election, before one o'clock in the afternoon of that day, and shall must proceed to organize as and shall be the county board of canvassers. They may appoint some competent person as secretary. The chairman shall must then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall must administer the constitutional oath to the secretary, and the secretary shall must administer to the chairman the same oath that he shall have has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of such these officers shall must likewise meet at the same time at the county seat and shall must in like the same manner proceed to organize as and shall be the county board of canvassers for the election of the Federal federal officers aforesaid."
SECTION 15. This act takes effect January 1, 2003, except that SECTION 6 takes effect November 2003. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator HUTTO proposed the following Amendment No. 1 (HUTTO-3789), which was adopted:
Amend the bill, as and if amended, page 5, Section 7-13-21 (B)(2), by deleting line 11 and inserting the following:
/ Monday of the month set by the governing body. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 2 (JUD3789.010), which was adopted:
Amend the bill, as and if amended, by striking Sections 7-13-300 and 7-13-310 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MARTIN spoke on the amendment.
At 3:22 P.M., Senator McCONNELL assumed the Chair.
Senator MARTIN continued speaking on the amendment.
At 3:41 P.M., Senator COURSON assumed the Chair.
Senator MARTIN continued speaking on the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 3 (SETZLER-3789), which was adopted:
Amend the bill, as and if amended, page 7, lines 35 through 42 and continuing on page 7, lines 1 through 5 by striking and inserting the following:
/ (b) It shall permit permits each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;
(c) Except as provided in subsection (b) for presidential electors, it shall permit permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
At 4:12 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 5:00 P.M.
There was no objection and a message was sent to the House accordingly.
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 third reading of the Bill.
Senator MARTIN spoke on the Bill.
Senator LAND proposed the following Amendment No. 1 (GJK\ 21339SD02), which was adopted:
Amend the bill, as and if amended, in Section 27-50-40(A)(7) of the 1976 Code, as contained in SECTION 1, by inserting after / closing / on line 8, page 4, / and, if known, any outstanding charges owed by the tenant for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases /;
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (A) Title 27 of the 1976 Code is amended by adding:
"Section 27-33-50. (A) Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.
(B) An entity or utility providing gas, electric, water, sewerage, or garbage services must not:
(1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or
(2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises."
(B) Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 2 (3601R002.DE), which was ruled out of order:
Amend the bill, as and if amended, in Section 27-50-40(A)(7) of the 1976 Code, as contained in SECTION 1, by inserting after / management, / on line 7, page 4, / vacation rental, /;
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (A) Title 27 of the 1976 Code is amended by adding:
South Carolina Vacation Rental Act
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 for a specified period of time, 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 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 by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator RITCHIE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators ELLIOTT, KUHN and SETZLER spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
The question then was the third reading of the Bill.
Senator ELLIOTT moved to carry over the Bill.
Senator MARTIN moved to table the motion to carry over the Bill.
The motion to carry over the Bill was laid on the table.
Senator LAND asked unanimous consent to make a motion to carry over H. 3601 in the status of Special Order, with Senator ELLIOTT retaining the floor.
Senator RICHARDSON objected.
Senator ELLIOTT was recognized to speak on the Bill.
Senator RICHARDSON raised a Point of Order that the Senator was not speaking on the Bill.
The ACTING PRESIDENT overruled the Point of Order.
Senator ELLIOTT continued speaking on the Bill.
At 4:19 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 4:25 P.M., the Senate resumed.
Senator ELLIOTT resumed speaking on the Bill.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over in the status of Special Order, with Senator ELLIOTT retaining the floor.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 8, 2002, at 5:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R288, S. 1065 (Word version)) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TROUT HARVEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2690, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R289, S. 1184 (Word version)) -- Senators Leventis and Land: AN ACT TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
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(R290, S. 1240 (Word version)) -- Senators Hutto and Matthews: AN ACT TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R291, S. 892 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE SELECTED AND FOR THEIR TERMS OF OFFICE, AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION; AND BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MUST ATTEND AT LEAST TWO-THIRDS OF THE REGULAR AND SPECIAL MEETINGS OF THE BOARD DURING ANY CALENDAR YEAR OR A VACANCY IN THAT OFFICE SHALL EXIST, AND TO ESTABLISH PROCEDURES TO PROVIDE NOTIFICATION OF THE VACANCY AND FOR THE FILLING OF THE VACANCY.
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(R292, S. 963 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.
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(R293, H. 3048 (Word version)) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL UNDER CERTAIN CONDITIONS TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION CONDUCTED BY A PRIVATE ENTITY.
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(R294, H. 3145 (Word version)) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: AN ACT TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES, ADULT DAYCARE FACILITIES, HOME HEALTH AGENCIES, AND COMMUNITY RESIDENTIAL CARE FACILITIES; TO PROVIDE FOR TEMPORARY EMPLOYMENT PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK; TO PROVIDE THAT A RECORD CHECK IS VALID UNLESS THE PERSON DISCONTINUES EMPLOYMENT IN A DIRECT CARE SETTING FOR A YEAR OR LONGER; TO AUTHORIZE DIRECT CARE ENTITIES TO FURNISH DIRECT CAREGIVER PERSONNEL INFORMATION TO OTHER ENTITIES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO VERIFY COMPLIANCE WITH THIS ARTICLE BEFORE RENEWING THE LICENSE OF A DIRECT CARE ENTITY; TO PROVIDE PENALTIES; AND TO REQUIRE DIRECT CARE ENTITIES TO CONDUCT CRIMINAL RECORD CHECKS ON DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2002.
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(R295, H. 3240 (Word version)) -- Reps. Altman, Limehouse, Campsen and Scarborough: AN ACT 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-THIRDS 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.
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(R296, 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: AN ACT 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.
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(R297, H. 3436 (Word version)) -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.
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(R298, H. 3678 (Word version)) -- Reps. Rice and Whipper: AN ACT 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 REQUIRE A PERSON WHO IS REQUIRED TO REGISTER A MOTOR VEHICLE DURING THE GRACE PERIOD TO EITHER TRANSFER A LICENSE PLATE FROM ANOTHER MOTOR VEHICLE TO THE MOTOR VEHICLE WHICH MUST BE REGISTERED, PURCHASE A NEW LICENSE PLATE AND REGISTRATION, OR OBTAIN A TEMPORARY LICENSE PLATE FROM THE MOTOR VEHICLES DIVISION, THE COUNTY AUDITOR'S OFFICE, A DEALER OF NEW OR USED MOTOR VEHICLES, OR THE CASUAL SELLER OF THE MOTOR VEHICLE, TO PROVIDE FOR THE CONTENT, DESIGN, FEE FOR, AND ISSUANCE OF TEMPORARY LICENSE PLATES, TO PROVIDE THAT CERTAIN DOCUMENTS MUST BE MAINTAINED IN A MOTOR VEHICLE THAT DISPLAYS A TEMPORARY LICENSE PLATE OR A TRANSFERRED LICENSE PLATE, TO PROVIDE A PENALTY FOR A VIOLATION OF A PROVISION CONTAINED IN THIS SECTION, TO PROVIDE FOR THE DISTRIBUTION OF TEMPORARY LICENSE PLATE FEES, TO PROVIDE THAT A TEMPORARY LICENSE PLATE MUST BE REPLACED WITH A PERMANENT LICENSE PLATE AND REGISTRATION CARD, TO PROVIDE THAT THIS SECTION DOES NOT EFFECT A PERSON'S RESPONSIBILITY TO OBTAIN INSURANCE BEFORE OPERATING A MOTOR VEHICLE, AND TO PROVIDE THAT ONLY ONE TEMPORARY LICENSE PLATE SHALL BE ISSUED TO A PURCHASER OF A MOTOR VEHICLE FOR THE MOTOR VEHICLE HE HAS PURCHASED BEFORE IT IS REGISTERED PERMANENTLY; AND TO REPEAL SECTION 56-3-220, RELATING TO MOTOR VEHICLE DEALERS ATTACHING AND DISPLAYING DEALER SOLD CARDS ON MOTOR VEHICLES WHICH THEY SELL TO INDICATE THAT THE MOTOR VEHICLE IS BEING OPERATED WITHIN THE GRACE PERIOD ALLOWED FOR REGISTERING A NEWLY ACQUIRED MOTOR VEHICLE.
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(R299, H. 3812 (Word version)) -- Rep. Harrison: AN ACT TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES COLLECTED BY THE SOUTH CAROLINA STATE BAR.
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(R300, H. 3943 (Word version)) -- Rep. Harrison: AN ACT 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.
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(R301, H. 4406 (Word version)) -- Reps. Merrill and Hinson: AN ACT 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.
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(R302, H. 4435 (Word version)) -- Reps. Robinson, Altman and Whipper: AN ACT TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
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(R303, H. 4562 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.
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(R304, 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.
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(R305, H. 4589 (Word version)) -- Reps. Rodgers, Battle, Gilham and Miller: AN ACT 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 INCREASE THE FEE AND AUTHORIZE ITS REDUCTION UNDER CERTAIN CIRCUMSTANCES AND ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.
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(R306, 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.
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(R307, H. 4720 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 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.
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(R308, H. 4721 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS 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.
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(R309, 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.
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(R310, H. 4823 (Word version)) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F.N. Smith, J.E. Smith, Tripp, Trotter, Walker and White: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.
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(R311, H. 5134 (Word version)) -- Reps. Wilder, Taylor and Carnell: AN ACT TO PROVIDE THAT MEMBERS OF THE LAURENS COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
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(R312, H. 5137 (Word version)) -- Reps. Carnell, Klauber and Parks: AN ACT TO PROVIDE THAT MEMBERS OF THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE MAY BE PAID FOR ATTENDING NOT MORE THAN THIRTEEN MEETINGS FOR EACH FISCAL YEAR.
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(R313, H. 5147 (Word version)) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, OR 5, 2002, IN ANY SCHOOL DISTRICT OF ORANGEBURG COUNTY WHEN A SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED, IF APPROVED BY THE LOCAL SCHOOL BOARD OF TRUSTEES, 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.
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(R314, H. 5148 (Word version)) -- Rep. Kirsh: AN ACT TO ALLOW THE BOARD OF TRUSTEES OF CLOVER SCHOOL DISTRICT TWO IN YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF REIMBURSING THE DISTRICT'S GENERAL FUND FOR CAPITAL EXPENDITURES MADE FROM THAT FUND IN PRIOR YEARS AND TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS.
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Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 1999, and to expire September 30, 2003
At-Large
Willis T. Goodwin, 2517 Corona Street, North Charleston, S.C. 29405 VICE William Chester Cross
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 2002, and to expire September 30, 2006
At-Large
Wayne Keith Sims, 8604 Farrow Road, Columbia, S.C. 29203 VICE Virginia A. McGee
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2001, and to expire June 30, 2005
SC Bankers Association - Banker
Paul W. Stringer, The Palmetto Bank, 301 Hillcrest Ave., Laurens, S.C. 29360
Having received a favorable report from the Committee on Education, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2000, and to expire June 30, 2003
At-Large
Connie R. Williams, 120 Shiloh Dr., Lugoff, SC 29078 VICE Elizabeth N. Adams, Ph.D.
Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
At-Large
Danny Lee Ford, 833 Bishop Branch Road, Central, S.C. 29630
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
1st Congressional District
M. Russell Holliday, Jr., 125 West Highway 501, Galivants Ferry, S.C. 29544
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
3rd Congressional District
Julius Lenwood Leary, M.D., 106 Liner Drive, Greenwood, S.C. 29646
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
5th Congressional District
Douglas Aaron Rucker, D.D.S., P. O. Box 906, Lancaster, S.C. 29721
Having received a favorable report from the General Committee, the following appointments were confirmed in open session:
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
George W. Cox, Jr., P. O. Box 1110, Myrtle Beach, S.C. 29578
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006
1st Congressional District
William Parnell Diggs, Esq., 1700-D Oak Street, Myrtle Beach, S.C. 29577
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006
5th Congressional District
Lynn Mann Hornsby, 608 Warrington Place, Rock Hill, S.C. 29732
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
5th Congressional District
Clyde M. Jones, 1002 Sunnyhill Dr., Camden, S.C. 29020
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2002, and to expire June 30, 2006
3rd Congressional District
Paul H. Kennemore, Jr., Greenwood Saw Company, P.O. Box 12, Greenwood, S.C. 29648
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006
4th Congressional District
Mary Sue Sonksen, 102 Edgebrook Ct., Spartanburg, S.C. 29302 VICE Cynthia E. Rhames
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009
Horry
William Herbert Alford, 1004 8th Ave. North Ext., Myrtle Beach, S.C. 29577 VICE Frances B. Gilbert
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE G. Bryan Lyndon
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence July 1, 2002, and to expire July 1, 2004
Chairman
J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE Holly Saleeby Atkins
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005
2nd Congressional District
Susan Davis Bowers, 500 Tram Road, Columbia, S.C. 29210
Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006
At-Large
Roosevelt Boyd, Route 2, Box 733, Pinewood, S.C. 29125
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
J. Michelle Childs, Esquire, 3929 West Buchanan Drive, Columbia, S.C. 29201 VICE Donald Van Riper
Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009
5th Congressional District
Laura M. Fleming, 607 North Main Street, Lancaster, S.C. 29720
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
George Norwood Funderburk, Esquire, 16 Whitsett Street, Greenville, S.C. 29601 VICE Ann M. Mickle
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005
1st Congressional District
Harold M. Rhodes III, 1422 Bells Highway, Charleston, S.C. 29488
Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006
3rd Congressional District
Nancy Jo Thomason, 303 East Greenville Street, Anderson, S.C. 29621
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2001, and to expire June 30, 2004
1st Congressional District
Hon. Philip N. Tilghman, 1100 Golf View Drive, North Myrtle Beach, S.C. 29582 VICE Sandra N. Fowler
Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 1998, and to expire August 1, 2003
Crime victim
Barbara Keefe De Vane, 2218 Chadwick Dr., Florence, S.C. 29501 VICE Dennis H. Taylor
Reappointment, South Carolina Commission on Women, with term to commence October 19, 2002, and to expire October 19, 2006
At-Large
Mary Baskin Waters, 742 Albion Road, Columbia, S.C. 29205
Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2002, and to expire June 30, 2006
1st Congressional District
Patricia Plyer Watts, 4505 Fulton Place, Wachesaw Plantation, Murrells Inlet, S.C. 29576
Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2000, and to expire May 31, 2003
Appraiser - General
Herbert R. Sass III, 21-C Gamecock Ave., Charleston, S.C. 29407 VICE Peggy Cox
Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006
5th Congressional District
Billy Gaston Alexander, 550 Cranborne Chase, Fort Mill, S.C. 29708
Initial Appointment, State Board of Pharmacy, with term coterminous with Governor
At-Large
David Merz Banks, R. Ph., CVS Pharmacy, 315 West Butler Rd., Mauldin, S.C. 29662 VICE Hubert F. Mobley
Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2002, and to expire June 9, 2005
Nursing Home Administrator
David Benjamin Buckshorn, Wesley Commons, 1110 Marshall Rd., Greenwood, S.C. 29646
Initial Appointment, South Carolina Commission on Hearing Aid Dealers & Fitters, with term to commence September 30, 1999, and to expire September 30, 2003
Public
Bobby R. Burgin, 288 Sizemore Road, Gaffney, S.C. 29340 VICE Jim E. Loughlin
Initial Appointment, Commission on Hearing Aid Specialist, with term to commence November 1, 2001, and to expire November 1, 2005
Dealer
L. Owen Fulghum, Jackson Davenport Vision, 379 King Street, Charleston, S.C. 29401 VICE Richard E. Deibel
Initial Appointment, Director of the Department of Health and Environmental Control, with term to commence August 1, 2001, and to expire August 1, 2005
C. Earl Hunter VICE Douglas E. Bryant
Initial Appointment, Commission on Hearing Aid Specialist, with term to commence July 31, 2000, and to expire July 31, 2004
H. LeNoy Kyzer, Belton-Kyzer Hearing Aid Center, 301 North Pine Street, Spartanburg, S.C. 29302 VICE Thomas M. McCroskey
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006
6th Congressional District
J. Lewis Stephens, 719 Laurel Street, Columbia, S.C. 29201
Initial Appointment, Commission on Hearing Aid Specialist, with term to commence July 31, 2001, and to expire July 31, 2005
Dealer
Paul Jerome Wilkerson, Heritage Healthcare Center, 110 Mills Ave., Greenville, S.C. 29605 VICE Russell E. Taylor
Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:
Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004
Outdoor Advertising
Glynn Furman Willis, Adams Outdoor Advertising, 2088 North Irby Street, Florence, S.C. 29505
On motion of Senator ANDERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William F. Gibson of Greenville, S.C. Mr. Gibson was a dentist who led the Greenville branch and the state NAACP for 18 years and served on the national board for 10 years.
At 5:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Thursday, June 25, 2009 at 1:13 P.M.