Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear St. Paul speaking to the Galatians, Chapter 6:9 in "The Living Bible" rendering:

"And let us not get tired of doing what is right, for after a while we will reap a harvest of blessing if we don't get discouraged and give up."

The Revised Version reads, "If we do not lose heart."

The King James Version says, "We shall reap if we do not faint."
Let us pray.

Father in Heaven, You led the children of Israel out of Egypt and out of the wilderness even though it took forty years.

Help us to think together!

We pray for mental and psychological, even political, consensus that will strengthen the structure of our commonwealth.

Preserve us from growing weary."
Amen.

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

May 29, 2002
Dear Mr. Gossett:

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Jim Hodges

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2002, and to expire October 18, 2006

At-Large

Pamela Denise Brown, Esquire, 4790-D Champion Way, North Charleston, S.C. 29418 VICE Ann S. Timberlake

On motion of Senator MOORE, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

Senator JACKSON introduced Dr. Brian Huff of Columbia, S.C., Doctor of the Day.

On motion of Senator RITCHIE, at 10:10 A.M., Senator WALDREP was granted a leave of absence for today.

At 10:13 A.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 10:19 A.M., the Senate resumed.

At 10:21 A.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 12:30 P.M.

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

Senator MARTIN asked unanimous consent to make a motion that the Senate members be notified when Messages from the House are received requiring Senate action.

There was no objection and the motion was adopted.

H. 4383 (Word version) -- Reps. Limehouse, Altman, Campsen, Chellis, Harvin, J.R. Smith, Snow, Whatley, Taylor, Rodgers and Barfield: 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 62 SO AS TO PROVIDE FOR THE ISSUANCE OF ARTIFICIAL REEF SPECIAL LICENSE PLATES AND TO PROVIDE THAT THE PROCEEDS OBTAINED FROM THE ISSUANCE OF THE LICENSE PLATES WOULD BE USED BY THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND MAINTAIN ARTIFICIAL REEFS ALONG THE STATE'S COASTLINE.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1322 (Word version) -- Senators Leatherman, Drummond, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO MR. NIC CHURCH OF BLYTHEWOOD IN RICHLAND COUNTY, SENIOR RESEARCH ANALYST ON THE STAFF OF THE SENATE FINANCE COMMITTEE, FOR HIS DISTINGUISHED PUBLIC SERVICE ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM GOOD HEALTH, HAPPINESS, AND SUCCESS IN HIS FUTURE ENDEAVORS.
l:\council\bills\bbm\9223htc02.doc

The Senate Resolution was adopted.

S. 1323 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY SOFTBALL TEAM FOR THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AAA STATE CHAMPIONSHIP WIN AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THEIR FUTURE ENDEAVORS.
l:\s-res\ngs\001broo.grp.doc

The Senate Resolution was adopted.

Columbia, S.C., May 30, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 30, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator FAIR, the Senate insisted upon its amendments to S. 820 and asked for a Committee of Conference.

Whereupon, Senators HUTTO, FAIR and KUHN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.

The House returned the Bill with amendments.

On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

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

H. 5238 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2002-2003, THE SCHOOL TAX MILLAGE LEVIED IN DILLON COUNTY IS INCREASED BY ONE ADDITIONAL MILL WITH THE PROCEEDS THEREFROM TO BE USED FOR NORTHEAST TECHNICAL COLLEGE.

By prior motion of Senator ELLIOTT

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.

Senator PINCKNEY proposed the following amendment (5021R001.DE), which was adopted:

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

/     SECTION 1.   Notwithstanding the provisions of Section 57-23-800 of the 1976 Code, or any other provision of law, the interchanges of Interstate Highway 95 with Highway 301 and Highway 6 in Orangeburg County and Highway 278 and Highway 17 in Jasper County may be mowed beyond thirty feet from the pavement.     /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

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

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

S. 1313 (Word version) -- Senators Hayes, Gregory and Short: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 4 (FORT MILL) TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2002-2003 ONLY.

By prior motion of Senator HAYES

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

H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.

S. 1319 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.

By prior motion of Senator MATTHEWS

Senator HUTTO asked unanimous consent to amend the Bill on third reading on Friday, May 31, 2002.

There was no objection.

H. 4094 (Word version) -- Reps. J.E. Smith and Lourie: A BILL TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE HAVING PROVISIONS RELATING TO CHILD DAYCARE, AND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".

H. 5269 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

By prior motion of Senator O'DELL, with unanimous consent

Senator O'DELL spoke on the Bill.

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 5319 (Word version) -- Reps. Taylor, Wilder and Carnell: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 SO AS TO PROVIDE THAT ELECTION RESULTS MUST BE DETERMINED IN ACCORDANCE WITH THE NONPARTISAN ELECTION AND RUNOFF METHOD RATHER THAN THE NONPARTISAN PLURALITY METHOD.

By prior motion of Senator VERDIN

H. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.

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

Senator SHORT proposed the following amendment (SHORT-CONSUMER PROTECTION03), which was adopted:

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

/SECTION __. Title 37 of the 1976 Code is amended by adding:

Section 37-20-110. A consumer reporting agency, as defined by the federal Fair Credit Reporting Act may not impose a charge for:

(1)     a request for a copy of the consumer's file made by the consumer within sixty days after adverse action is taken;

(2)     giving notice to a person designated by the consumer, pursuant to the applicable provisions of the federal Fair Credit Reporting Act, of the deletion of inaccurate or nonverifiable information;

(3)   instructions for understanding the information presented on the consumer report and publication of a toll free telephone number that consumers may use to obtain additional assistance concerning the consumer report;

(4)   the first copy of a consumer report provided to the consumer each calendar year; and

  (5)   up to six copies of a consumer report provided to the consumer within a twelve-month period for a period of three years from the date of issuance of a valid police report if the consumer has been a victim of identity fraud and has provided the consumer credit agency with a copy of a valid police report confirming that fact.

Section 37-20-120. A consumer credit reporting agency must give notice to each creditor who uses a consumer report, as 'creditor' is defined in Section 103 of the federal Truth in Lending Act, if the agency becomes aware that an application to a card issuer to open a new seller or lender credit card account bears an address for the consumer that is different from the address in its file of the consumer.

Section 37-20-130. (A) A seller or lender credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a seller or lender credit card listing an address that is different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed, or by using other reasonable means of verifying the account holder's identity.

(B) Notwithstanding another provision of law, a person to whom an offer or solicitation to receive a seller or lender credit card is made is not liable for the unauthorized use of a credit card issued in response to that offer or solicitation if the credit card issuer does not verify the change of address pursuant to subsection (A) before the issuance of the seller or lender credit card, unless the credit card issuer proves that the offeree actually incurred the charge on the credit card.

(C) When a seller or lender credit card issuer receives a written or oral request for a change of the cardholder's billing address and within ten days after the requested address change receives a written or oral request for an additional credit card, the credit card issuer may not mail the requested additional credit card to the new address or activate the requested additional credit card unless the issuer has verified the change of address.

Section 37-20-140. A person who learns or reasonably suspects that he is the victim of identity theft may initiate a law enforcement investigation by reporting to a local law enforcement agency that has jurisdiction over his actual legal residence. The law enforcement agency shall take the report, provide the complainant with a copy of the report, and begin an investigation or refer the matter to the law enforcement agency where the crime was committed for an investigation.

Section 37-20-150 (A)(1) If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

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

(B) A person who reasonably believes that he is the victim of identity theft may petition the circuit court or have the County Office of Victims' Assistance petition the circuit court on his behalf, for an expedited judicial determination of his factual innocence, if the identity thief was arrested for and convicted of a crime under the victim's identity, or if the victim's identity has been mistakenly associated with a record of criminal conviction. A judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties. If the court determines that the petition is meritorious and that there is no reasonable cause to believe that the petitioner committed the offense for which the identity thief was arrested and convicted, the court shall find the petitioner factually innocent of that offense and issue an order certifying the determination.

(C) A court may at any time vacate the determination of factual innocence if information submitted in support of the petition is found to contain material misrepresentation or fraud.

Section 37-20-160. (A) The Attorney General shall establish and maintain a database of individuals who have been the victims of identity theft. Access to the database is limited to criminal justice agencies, except that a victim of identity theft, or his authorized representative, shall have access to the database in order to establish that he is a victim of identity theft.

(B)   The Attorney General shall establish and maintain a toll free number to provide access to the database for identity theft victims.

(C)   A victim of identity theft must submit to the Attorney General a copy of the police report, a full set of fingerprints, and other relevant information required by the Attorney General for inclusion in the database of identity theft victims. The Attorney General shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles.

Section 37-20-170. (A) If a consumer submits to a credit reporting agency a copy of a valid police report verifying that he is the victim of identity theft, the reporting agency shall block, promptly and permanently, reports of information the consumer alleges appears on his credit report as a result of the identity theft. The consumer credit reporting agency also shall notify promptly the furnisher of the information that the information is blocked.

(B) Furnishers of information and consumer credit reporting agencies may unblock the information only upon a preponderance of the evidence establishing the following facts:

(1)   the information was blocked due to fraud;

(2)   the consumer agrees that the blocked information, or portions of the blocked information, were blocked in error; or           (3)   the consumer knowingly obtained or should have known he obtained possession of goods, services, or monies as a result of the blocked transaction.

(C) If blocked information is unblocked pursuant to subsection (B), the consumer must be notified promptly in the same manner as consumers are notified of the reinsertion of information pursuant to the federal Fair Credit Reporting Act. The previous presence of the blocked information in the consumer credit reporting agency's file on the consumer is not evidence that the consumer knew or should have known that he obtained possession of goods, services, or monies as a result of the blocked transaction.

(D)   For purposes of this section, fraud may be demonstrated by circumstantial evidence.

  (E) In unblocking information pursuant to this section, furnishers and consumer and credit reporting agencies are subject to their respective requirements pursuant to the federal Fair Credit Reporting Act regarding the completeness and accuracy of information.

Section 37-20-180. A creditor is not liable in an action for a violation of this article if the creditor shows by a preponderance of evidence that the violation was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid the error."

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

SECTION __. Title 37 of the 1976 Code is amended by adding:

Section 37-19-10. (A)(1) The General Assembly recognizes that the citizens of this State receive numerous unsolicited telephone calls from various entities, interests, and industries. The General Assembly further recognizes that the citizens of South Carolina are entitled to enjoy freedom from unwanted intrusions into their homes. It is the intent of this article to:

(a)   strike a balance between free speech and trade and a citizen's right to privacy; and

  (b)   provide a citizen who does not wish to receive solicitations at home with a means of preventing those calls, while allowing a telephone solicitor to continue to call a citizen who does wish to receive those calls at home.

(2) As used in this article, the term:

  (a) 'Caller identification service' means a type of telephone service which permits a telephone subscriber to see the telephone number of an incoming telephone call.

(b)   'Commission' means the Public Service Commission.

    (c)   'Previously established relationship' means a prior or existing relationship formed by a voluntary two-way communication between a person or an entity and a residential subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the residential subscriber regarding a specific product or specific service offered by the person or entity, but does not extend to another product or service offered by the person or entity. This term also includes an established relationship with a not-for-profit entity through a previous donation to the entity or participation in the activities of the entity.

    (d)   'Residential subscriber' means a person who has subscribed to residential telephone service from a local exchange carrier or competing local exchange carrier, and the other persons living or residing with a person who has subscribed to telephone service, who uses the service primarily for residential purposes.

  (e)   'Unsolicited telephone call' means a voice communication over a telephone line from or on behalf of a person or an entity with whom a residential subscriber has no previously established relationship or personal relationship. The communication may be from a live operator, through the use of a dual party relay system as defined in Section 58-9-2510, an automatically dialed announcing device as defined in Section 16-17-446, or by other means.

(f) 'Local exchange carrier' means either an incumbent local exchange carrier or a new entrant local exchange carrier, as defined in Section 58-9-10.

(B) A person or entity must not knowingly make or cause to be made an unsolicited telephone call to the telephone line of a residential subscriber in this State who has given notice to the commission in accordance with subsection (C) of this section and whose telephone number is on the list, of the subscriber's objection to receiving unsolicited telephone calls, if the call is:

(1) advertising or offering for sale, lease, rental, or as a gift any goods, services, or property; or

(2)     soliciting donations of money, goods, services, or property.

(C)(1) The commission must establish and provide, at no cost to residential subscribers, a database to compile a 'No-Call List' of telephone numbers of residential subscribers who object to receiving unsolicited telephone calls of a type described in subsection (B) of this section. The commission must have the database in operation no later than six months from the effective date of this article.

(2) The database may be operated by the commission or by another entity under contract with the commission.

(3) To create the database required by this section, the commission must:

(a) require each local exchange carrier provide notification at least twice a year to each residential subscriber about the opportunity to subscribe to the No-Call List database, if the subscriber objects to receiving unsolicited telephone calls. At least one of the notifications must be conspicuously provided in the customer's bill. The carrier may provide the second notification in any manner not expressly prohibited by the commission, including but not limited to, television, radio, or newspaper advertisements; written correspondence; conspicuous inserts or messages in the customer's bill; or publication in the consumer information pages of the local telephone directory;

(b) specify the length of time for which a notice of objection is effective and the effect of a change of telephone number on the notice; and

(c)   specify the methods by which a person desiring to make unsolicited telephone calls may obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database.

(4) If the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the commission must include the part of the single national database that relates to South Carolina in the database established by this section.

(D) A person or an entity desiring to make unsolicited telephone calls must be charged a fee payable to the commission for access to or for paper or electronic copies of the database established pursuant to this section. The commission carrier may require that fees so charged are sufficient to cover the costs of the commission and the local exchange carriers in the compilation and preparation of the database.

(E) A person or an entity who makes an unsolicited telephone call to the telephone line of a residential subscriber in this State:

(1) must state clearly, at the beginning of the call, the identity of the person or entity initiating the call; and

(2) must not utilize a method to block or otherwise circumvent the subscriber's use of a caller identification services.

(F)(1) The Attorney General must investigate complaints received concerning violations of this article, and may initiate proceedings relating to a violation or threatened violation of subsection (B). These proceedings may include, without limitation, an injunction, a civil penalty up to a maximum of five thousand dollars for each, and additional relief in any court of competent jurisdiction. The Attorney General may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (B).

(2) In addition to the penalties provided in item (1) of this subsection, any person or entity that violates subsection (B) is subject to all penalties, remedies, and procedures provided in the Unfair Trade Practices Act, Article 1, Chapter 5, Title 39. The remedies available in this item are cumulative and in addition to any other remedies available by law.

(3) A person who receives more than one telephone solicitation within a twelve-month period by or on behalf of the same person or entity in violation of subsection (B) may:

(a)   bring an action to enjoin the violation;

(b)   bring an action to recover actual monetary loss from the violation and attorney's fees or to receive up to two thousand dollars in damages for each violation and attorney's fees, whichever is greater; or

(c) or both.

(G) A court of this State may exercise personal jurisdiction over a nonresident or his executor or administrator as to an action or proceeding authorized by this section in accordance with the provisions of Part 8, Chapter 2, Title 36.

(H) The remedies, duties, prohibitions, and penalties of this section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.

(I)(1) A provider of telephone caller identification service is not liable for violations of this section committed by other persons or entities.

(2) A telephone company is not liable for the enforcement of the provisions of this article nor for an error or omission in the database creating the 'No-Call List'."

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

SECTION __. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding:

"(17) The 'No-Call List' database established by Chapter 19, Title 37."

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

SECTION __. Section 16-17-445(E) of the 1976 Code, as last amended by Act 408 of 2000, is further amended to read:

"(E) Every A telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall must implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. A telephone solicitor must use the 'No-Call List' established pursuant to Chapter 19, Title 37. The department has the authority to monitor compliance with this provision these provisions, except that the State Attorney General and the circuit solicitors have the enforcement powers granted in Chapter 19, Title in connection with the 'No-Call List'. A person or his agent who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor."   /

Renumber sections to conform.

Amend title to conform.

Senator SHORT 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.

On motion of Senator SHORT, with unanimous consent, H. 3595 was ordered to receive a third reading on Friday, May 31, 2002.

H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

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

H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

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

Senator McCONNELL proposed the following amendment (PT\1047DW02), which was adopted:

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

/ SECTION   ___.   Section 50-21-135 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-135.   (A)   There is established a no wake zone on the Ashley River within one hundred yards of the Dolphin Cove Marina in Charleston County. These boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.

(B)   There is established a no wake zone on that portion of Adam's Creek lying within three hundred fifty yards on each side of the Rockville Marine Boat Yard on Wadmalaw Island. The boundaries of this no wake zone must be marked clearly with signs designed and installed as specified by the department." /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Senator RAVENEL asked unanimous consent to carry over the Bill, as amended.

There was no objection.

H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.

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

There was no objection.

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

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

Senator LAND proposed the following Amendment No. 2 (3480R001.JCL), which was adopted:

Amend the bill, as and if amended, pages 2-3, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senator FAIR proposed the following Amendment No. 1 (NBD\ 11851AC02), which was withdrawn:

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

/SECTION   __.   The 1976 Code is amended by adding:

"Section 56-5-95.   A motor vehicle registered with the State that is equipped and licensed for highway use may not be excluded from any roadway maintained by the State during periods when any public use of the roadway is permitted."/

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator MARTIN spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

On motion of Senator FAIR, with unanimous consent, Amendment No. 1 was withdrawn.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, 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. 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.

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

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

At 10:33   A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 11:13 A.M., the Senate resumed.

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

The House returned the Bill as requested.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator GIESE asked unanimous consent to carry the Bill over.

Senator COURSON objected.

Senator GIESE, with unanimous consent, withdrew the motion to carry over the Bill.

Senator KNOTTS proposed the following amendment (KNOTTS1-1131), which was adopted:

Amend the bill, as and if amended, page 7, SECTION 10, by deleting it in its entirety and inserting the following:

/     "Section 55-11-320. The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of ten twelve members to be appointed by the Governor as follows: four five members must be appointed upon the recommendation of a majority of the Lexington County Legislative Delegation, four five members must be appointed upon the recommendation of a majority of the Richland County Legislative Delegation, and two members must be appointed upon the recommendation of the City Council of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed and qualify. Members may not serve more than two consecutive terms. A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms. In the event of a vacancy for any reason, other than the expiration of a term, a successor must be appointed in the same manner of the original appointment for the balance of the unexpired term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Notwithstanding the expiration of the term of office of any member, he shall continue to serve until his successor shall have been recommended, appointed, and qualified, but any delay in appointing a successor shall not extend the term of such successor. The members of the commission shall serve without compensation, except for their actual and necessary expenses while in performance of duties prescribed under this article."     /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator PATTERSON proposed the following amendment (PATTERSON1-1131), which was adopted:

Amend the bill, as and if amended, SECTION 3, page 2, by striking lines 27 through 32.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

At 11:29 A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 11:55 A.M., the Senate resumed.

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

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator GREGORY proposed the following amendment (1096R001.CKG), which was adopted:

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

/   SECTION   ____.   Section 50-13-1180(F) of the 1976 Code, as added by Act 316 of 1992, is amended to read:

"(F)   Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch. and must pass through a three-inch-long cylinder with an inside diameter of one-half inch."

SECTION   ____.   Section 50-5-1505(1)(b) of the 1976 Code, as last amended by an act of 2001 bearing ratification number 20, is further amended to read:

"(b)   Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

( i)   Rediversion Canal: from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:

Season: No open season;

( ii)   Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:

(1)   Season: February 1 through April 30;

(2)   Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

( ii)(iii)   Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(iii)(iv)     U.S. Highway 52 bridge seaward to S.C. Highway 41 bridge:

(1)   Season: February 1 through April 30;

(2)   Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(iv)(v)   U.S. Highway 41 bridge seaward:

(1)   Season: February 1 through March 31;

(2)   Times: Monday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits."

SECTION   __.   Chapter 21, Title 50 of the 1976 Code is amended by adding:

"Section 50-21-131.   There is established a special no wake zone on that portion of the Intercoastal Waterway in Charleston County beginning just east of the eleventh green of the Wild Dunes Harbor course, parallel to the wash that runs between the 11th green and the houses to the east from the Isle of Palms Marina, that is, twenty docks to the west, starting with the jet ski dock directly west of the Marina; and ending at the sign posted at Intercoastal Waterway marker 116. This no wake zone is in effect from eleven o'clock a. m. until six thirty p. m. on all Saturdays and Sundays year round, and those federal and state holidays falling on or within May first and September thirtieth of each year. The boundaries, times, and dates when this no wake zone is in effect must be clearly marked with signs and designed and installed as specified by the department."

SECTION   ___.   Section 50-21-135 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-135.   (A)   There is established a no wake zone on the Ashley River within one hundred yards of the Dolphin Cove Marina in Charleston County. These boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.

(B)   There is established a no wake zone on that portion of Adam's Creek lying within three hundred fifty yards on each side of the Rockville Marine Boat Yard on Wadmalaw Island. The boundaries of this no wake zone must be marked clearly with signs designed and installed as specified by the department."   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.

The House returned the Bill with amendments.

Senator HAYES asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recommitted to the Committee on Judiciary.

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

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

Senator MARTIN spoke on the report.

The Free Conference Report was adopted as follows:

The Committee of Free Conference, to whom was referred:

S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

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

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

/   SECTION   1.   This act shall be cited as the "South Carolina Private Guardian Ad Litem Reform Act".

SECTION   2.   Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1545.   (A)   In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:

(1)   without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or

(2)   both parties consent to the appointment of a guardian ad litem who is approved by the court;

(B)   The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.

Section 20-7-1547.   (A)   A guardian ad litem may be either an attorney or a layperson. A person must not be appointed as a guardian ad litem pursuant to Section 20-7-1545 unless he possesses the following qualifications:

(1)   a guardian ad litem must be twenty-five years of age or older;

(2)   a guardian ad litem must possess a high school diploma or its equivalent;

(3)   an attorney guardian ad litem must annually complete a minimum of six hours of family law continuing legal education credit in the areas of custody and visitation; however, this requirement may be waived by the court;

(4)   for initial qualification, a lay guardian ad litem must have completed a minimum of nine hours of continuing education in the areas of custody and visitation and three hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization;

(5)   a lay guardian ad litem must observe three contested custody merits hearings prior to serving as a guardian ad litem. The lay guardian must maintain a certificate showing that observation of these hearings has been completed. This certificate, which shall be on a form approved by Court Administration, shall state the names of the cases, the dates and the judges involved and shall be attested to by the respective judge; and

(6)   lay guardians ad litem must complete annually six hours of continuing education courses in the areas of custody and visitation.

(B)   A person shall not be appointed as a guardian ad litem pursuant to 20-7-1545 who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; or convicted of the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.

(C)   No person may be appointed as a guardian ad litem pursuant to Section 20-7-1545 if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.

(D)   Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following:

(1)   a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A);

(2)   a statement affirming that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (B); and

(3)   a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Section 20-7-650.

(E)   The court may appoint an attorney for a lay guardian ad litem. A party or the guardian ad litem may petition the court by motion for the appointment of an attorney for the guardian ad litem. This appointment may be by consent order. The order appointing the attorney must set forth the reasons for the appointment and must establish a method for compensating the attorney.

Section 20-7-1549.   (A)   The responsibilities and duties of a guardian ad litem include, but are not limited to:

(1)   representing the best interest of the child;

(2)   conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family. An investigation must include, but is not limited to:

(i)     obtaining and reviewing relevant documents, except that a guardian ad litem must not be compensated for reviewing documents related solely to financial matters not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian ad litem shall have access to the child's school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties;

(ii)   meeting with and observing the child on at least one occasion;

(iii)   visiting the home settings if deemed appropriate;

(iv)   interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;

(v)   obtaining the criminal history of each party when determined necessary; and

(vi)   considering the wishes of the child, if appropriate;

(3)   advocating for the child's best interest by making specific and clear suggestions, when necessary, for evaluation, services, and treatment for the child and the child's family. Evaluations or other services suggested by the guardian ad litem must not be ordered by the court, except upon proper approval by the court or by consent of the parties;

(4)   attending all court hearings related to custody and visitation issues, except when attendance is excused by the court or the absence is stipulated by both parties. A guardian must not be compensated for attending a hearing related solely to a financial matter if the matter is not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian must provide accurate, current information directly to the court, and that information must be relevant to matters pending before the court;

(5)   maintaining a complete file, including notes. A guardian's notes are his work product, and are not subject to subpoena; and

(6)   presenting to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child's best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than twenty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten-day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody; nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross-examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation.

(B)   A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. A guardian ad litem may also submit affidavits at the temporary hearing. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.

Section 20-7-1551.   A guardian ad litem must not mediate, attempt to mediate, or act as a mediator in a case to which he has been appointed. However, nothing in this section shall prohibit a guardian ad litem from participating in a mediation or a settlement conference with the consent of the parties.

Section 20-7-1553.   (A)   At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge's written authorization or the consent of both parties to charge more than the initially authorized fee.

(B)   A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account:

(1)   the complexity of the issues before the court;

(2)   the contentiousness of the litigation;

(3)   the time expended by the guardian;

(4)   the expenses reasonably incurred by the guardian;

(5)   the financial ability of each party to pay fees and costs; and

(6)   any other factors the court considers necessary.

(C)   The guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a schedule as directed by the court.

(D)   At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.

Section 20-7-1555.     A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:

(1)   of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party;

(2)   of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;

(3)   any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse.

Section 20-7-1557.     A   guardian ad litem may be removed from a case at the discretion of the court."

SECTION   3.   Section 20-7-420(37) of the 1976 Code is amended to read:

"(37)   To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action in actions pertaining to custody or visitation pursuant to Section 20-7-1545."

SECTION   4.   (A)   Section 20-7-1555 of the 1976 Code is redesignated as Section 20-7-1525, and Section 20-7-1557 is redesignated Section 20-7-1535, both of which are to be placed within subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code.

(B)   Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Special Custody and Visitation Provisions".

(C)   Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Private Guardians ad Litem".

SECTION   5.   This act takes effect on January 15, 2003, and applies to a guardian ad litem appointed in a custody case on or after the effective date.     /

Amend title to conform.

/s/Larry A. Martin                /s/Michael E. Easterday
Robert L. Waldrep, Jr.            /s/Phillip K. "Phil" Sinclair
/s/C. Bradley Hutto               Creighton B. Coleman
On Part of the Senate.                  On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 30, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 30, 2002, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R396, S. 131 (Word version)) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RESTRICTIONS ON THE PLEDGING OF THE CREDIT OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE, SO AS TO PROVIDE FOR INVESTMENT OF FUNDS IN A SEPARATE PENSION PLAN FOR FIREFIGHTERS OFFERED BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT.
L:\COUNCIL\ACTS\131HTC02.DOC

(R397, S. 320 (Word version)) -- Senators Gregory, Peeler and Drummond: AN ACT TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
L:\COUNCIL\ACTS\320DJC02.DOC

(R398, S. 634 (Word version)) -- Senators Wilson and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLES DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN INDIVIDUALS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE THAT THE MOTOR VEHICLES DIVISION MUST INCLUDE CERTAIN INFORMATION IN AN APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD THAT INFORMS THE APPLICANT THAT SUBMISSION OF THE APPLICATION SERVES AS CONSENT TO BE REGISTERED WITH THE SELECTIVE SERVICE UNDER CERTAIN CIRCUMSTANCES.
L:\COUNCIL\ACTS\634CM02.DOC

(R399, S. 668 (Word version)) -- Senator J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS TO EXTEND THE DEFINITION TO ANY NATIVE AMERICAN TRIBE AND ANY EMPLOYING UNIT REQUIRED TO PAY THE FEDERAL UNEMPLOYMENT TAX; TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYMENT", SO AS TO EXTEND THE DEFINITION TO AN APPOINTED SUCCESSOR TO AN ELECTED OFFICIAL AND ADD AN EXEMPTION DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, AS AMENDED, RELATING TO AN EMPLOYER'S BASE RATE COMPUTATION PERIOD, SO AS TO EXPERIENCE RATE NEW EMPLOYERS AFTER TWELVE MONTHS AT THE NEXT ANNUAL RATING FOLLOWING THE YEAR IN WHICH THEY REACH THEIR TWELVE-MONTH EXPERIENCE STATUS; TO AMEND SECTION 41-31-60, AS AMENDED, RELATING TO THE EMPLOYER DELINQUENT REPORT PENALTY, SO AS TO REDUCE THIS PENALTY; TO AMEND SECTION 41-31-110, AS AMENDED, RELATING TO THE SUCCESSOR RATING PERIOD, SO AS TO REDUCE THE RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION REPORTS, SO AS TO REQUIRE ELECTRONIC CONTRIBUTION AND WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE EMPLOYEES IN 2003 AND EMPLOYERS REPORTING ONE HUNDRED OR MORE EMPLOYEES IN 2005; AND TO AMEND SECTION 41-33-80, RELATING TO THE UNEMPLOYMENT TRUST FUND, SO AS TO CORRECT A REFERENCE.
L:\COUNCIL\ACTS\668HTC02.DOC

(R400, S. 966 (Word version)) -- Senator Leatherman: AN ACT 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.
L:\COUNCIL\ACTS\966SD02.DOC

(R401, S. 1085 (Word version)) -- Senator McConnell: AN ACT 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 EXCEPT THAT AT LEAST ONE MEMBER OF THE BOARD FROM EACH CONGRESSIONAL DISTRICT MUST BE APPOINTED BY THE SUPREME COURT; AND TO AMEND SECTION 40-5-80, RELATING TO CITIZENS NOT PREVENTED FROM PROSECUTING OR DEFENDING THEIR OWN CAUSE OR THE CAUSE OF ANOTHER, SO AS TO DELETE THE AUTHORITY OF A CITIZEN TO DEFEND THE CAUSE OF ANOTHER UNDER CERTAIN CONDITIONS.
L:\COUNCIL\ACTS\1085SD02.DOC

(R402, S. 1087 (Word version)) -- Senator Branton: AN ACT TO AMEND SECTION 30-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING A CERTIFIED COPY OF A VETERAN'S REGISTERED DISCHARGE, SO AS TO PROVIDE THAT A DD 214 OR OTHER DISCHARGE RECORD FILED WITH THE CLERK OF COURT IS NOT A PUBLIC RECORD AND IS NOT SUBJECT TO INSPECTION OR DISCLOSURE; TO MAKE IT UNLAWFUL TO DISCLOSE INFORMATION CONTAINED IN THE RECORD; TO ENUMERATE WHO MAY EXAMINE OR OBTAIN A COPY OF SUCH RECORD; TO PROHIBIT THESE RECORDS FROM BEING USED FOR COMMERCIAL PURPOSES; AND TO PROHIBIT A PERSON WHO IS AUTHORIZED TO OBTAIN THIS INFORMATION FROM DISSEMINATING OR DISCLOSING SUCH INFORMATION.
L:\COUNCIL\ACTS\1087AC02.DOC

(R403, S. 1133 (Word version)) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
L:\COUNCIL\ACTS\1133AC02.DOC

(R404, S. 1157 (Word version)) -- Senator Alexander: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT DURING THE SEASON FOR ANY HIGH SCHOOL LEAGUE SPORT EXCEPT FOR FOOTBALL, A STUDENT WHILE A MEMBER OF A SCHOOL TEAM MAY PARTICIPATE ON A TEAM THAT IS INDEPENDENT OF THE SCHOOL'S CONTROL UNDER CERTAIN CONDITIONS.
L:\COUNCIL\ACTS\1157SD02.DOC

(R405, S. 1195 (Word version)) -- Senator Martin: AN ACT TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
L:\COUNCIL\ACTS\1195SD02.DOC

(R406, S. 1226 (Word version)) -- Senator Land: AN ACT TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.
L:\COUNCIL\ACTS\1226DJC02.DOC

(R407, H. 3309 (Word version)) -- Reps. Cobb-Hunter and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT; TO AMEND TITLE 59, BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEX CRIMES PREVENTION ACT" WHICH PROVIDES THAT EACH INSTITUTION OF HIGHER EDUCATION MUST INCLUDE A STATEMENT IN THEIR ANNUAL SECURITY REPORT WHICH ADVISES WHERE LAW ENFORCEMENT INFORMATION MAY BE OBTAINED CONCERNING REGISTERED SEX OFFENDERS; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REGISTRATION OF SEX OFFENDERS, SO AS TO REQUIRE OFFENDERS WHO ARE ENROLLED AT, EMPLOYED BY, OR CARRYING ON A VOCATION AT AN INSTITUTION OF HIGHER EDUCATION TO PROVIDE CERTAIN WRITTEN NOTICE OF A CHANGE IN STATUS; TO AMEND SECTION 16-3-510, AS AMENDED, RELATING TO UNLAWFUL HAZING WHILE INITIATING OR ADMITTING PERSONS INTO CERTAIN ORGANIZATIONS AND ENTITIES, SO AS TO REVISE THE ORGANIZATIONS AND ENTITIES TO WHICH THE SECTION APPLIES; AND TO ADD SECTION 59-63-275 SO AS TO PROHIBIT HAZING AT ALL PUBLIC EDUCATION INSTITUTIONS AND TO DEFINE HAZING FOR THIS PURPOSE.
L:\COUNCIL\ACTS\3309SD02.DOC

(R408, H. 3324 (Word version)) -- Rep. Perry: AN ACT TO REPEAL CHAPTER 27, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS; TO AMEND SECTION 1-11-250, RELATING TO DEFINITIONS IN REGARD TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, SO AS TO DELETE THE DEFINITION OF THE MOTOR VEHICLE MANAGEMENT COUNCIL; TO AMEND SECTION 1-11-260, RELATING TO POLICIES AND PROCEDURES OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT, SO AS TO DELETE REFERENCES TO THE MOTOR VEHICLE MANAGEMENT COUNCIL, AND TO REPEAL SECTIONS 1-11-230 AND 1-11-240 RELATING TO THE MOTOR VEHICLE MANAGEMENT COUNCIL.
L:\COUNCIL\ACTS\3324SD02.DOC

(R409, H. 3515 (Word version)) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE ACTIVELY EMPLOYED OR ENGAGED IN THE FUNERAL SERVICE PROFESSION; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE THE DEFINITIONS OF "BRANCH FUNERAL HOME", "CHAPEL", "DISPOSITION", "FUNERAL MERCHANDISE", AND "MANAGER" AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS, TO PROVIDE THAT ALL PERMITS ARE VALID FOR TWO YEARS, AND TO PROVIDE WHEN A MANAGER MUST BE EMPLOYED BY A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO ALSO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES AND RETAIL SALES OUTLETS TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS AND TO REQUIRE PAYMENTS RECEIVED BY THESE ESTABLISHMENTS FOR FUNERAL MERCHANDISE TO BE PLACED IN A TRUST ACCOUNT UNTIL DELIVERY; AND BY AMENDING TITLE 40 RELATING TO OCCUPATIONS AND PROFESSIONS BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERPETUAL CARE CEMETERY ACT", TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AND TO PROVIDE FOR THE REGULATION OF CEMETERIES, BURIAL GROUNDS, AND CONTRACTS OR AGREEMENTS IN CONNECTION WITH THE FINAL DISPOSITION OF A DEAD HUMAN BODY, TO REQUIRE LICENSURE OF AN ENTITY OPERATING A PERPETUAL CARE CEMETERY COMPANY, TO ESTABLISH LICENSURE PROCEDURES AND REQUIREMENTS FOR THESE ENTITIES, AND TO FURTHER PROVIDE FOR THE REGULATION OF THESE ENTITIES; AND TO REPEAL CHAPTER 55, TITLE 39 RELATING TO CEMETERIES AND THE "SOUTH CAROLINA CEMETERY ACT OF 1984".
L:\COUNCIL\ACTS\3515AC02.DOC

(R410, H. 3851 (Word version)) -- Reps. J.E. Smith and Rodgers: AN ACT TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS; TO AMEND SECTION 6-4-5, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF ALLOCATION OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO DELETE A REFERENCE TO THE STATE TAX OVERSIGHT COMMITTEE AND TO DELETE THE DEFINITION FOR "TOURIST"; AND TO AMEND SECTION 6-4-25, RELATING TO ADVISORY COMMITTEES TO RECOMMEND EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, SO AS TO REQUIRE APPOINTMENT OF THE COMMITTEE BY A MUNICIPALITY OR COUNTY RECEIVING MORE THAN FIFTY THOUSAND DOLLARS, INSTEAD OF TWENTY-FIVE THOUSAND DOLLARS.
L:\COUNCIL\ACTS\3851MM02.DOC

(R411, H. 4096 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
L:\COUNCIL\ACTS\4096MM02.DOC

(R412, H. 4180 (Word version)) -- Reps. Sandifer and Cato: AN ACT TO AMEND SECTION 38-55-330, 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; AND TO PROVIDE TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES.
L:\COUNCIL\ACTS\4180AC.DOC

(R413, H. 4909 (Word version)) -- Rep. Bingham: AN ACT TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO, AMONG OTHER THINGS, AUTHORIZATION OF A HEALTH CARE PRACTITIONER DISPENSING DRUGS THAT THE PRACTITIONER OWNS, SO AS TO ALSO AUTHORIZE A PRACTITIONER TO DISPENSE A COMPLIMENTARY TRIAL SUPPLY OF DRUGS OWNED BY THE PRACTITIONER OR AN INSTITUTION AUTHORIZED TO POSSESS MEDICATIONS; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS FROM THREE TO THIRTY DAYS; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.
L:\COUNCIL\ACTS\4909AC02.DOC

(R414, H. 4968 (Word version)) -- Rep. Sharpe: AN ACT TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF LIVESTOCK BRANDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE EXPIRATION AND RENEWAL OF THE REGISTRATION, CERTIFICATION, AND RECORDING OF CERTAIN LIVESTOCK BRANDS, AND TO PROVIDE THAT A REGISTERED BRAND FOR LIVESTOCK IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF THE REGISTRATION OF A LIVESTOCK BRAND, SO AS TO DELETE THE PROVISION THAT REQUIRES THE SECRETARY OF STATE TO CANCEL THE REGISTRATION OF A LIVESTOCK BRAND UPON THE FAILURE OF A PERSON TO RENEW THE REGISTRATION UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320, RELATING TO THE SECRETARY OF STATE'S DUTY TO NOTIFY A LIVESTOCK BRAND REGISTRANT OF THE NECESSITY TO RENEW THE REGISTRATION OF HIS BRAND UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE ABANDONMENT OF A LIVESTOCK BRAND.
L:\COUNCIL\ACTS\4968CM02.DOC

(R415, H. 5105 (Word version)) -- Reps. Cato and A. Young: AN ACT TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT THE INTENT OF THIS ARTICLE IS TO HELP REDUCE THE UNINSURED MOTORIST POPULATION IN THE STATE AND TO MEASURE THE EFFECTIVENESS OF THE MOTORIST INSURANCE DATABASE ESTABLISHED PURSUANT TO THIS ARTICLE, AND TO ESTABLISH A DATABASE TO BE USED WHEN VERIFYING COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS, TO PROVIDE THAT THE MOTORIST INSURANCE DATABASE PROGRAM SHALL BE ADMINISTERED BY THE MOTOR VEHICLES DIVISION IN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE MOTOR VEHICLES DIVISION SHALL DISCLOSE AN INDIVIDUAL'S REPORTED DATABASE INFORMATION UPON REQUEST BY CERTAIN PERSONS AND AGENCIES FOR A FEE THAT MUST BE USED TO DEFRAY THE DIVISION'S EXPENSES, TO PROVIDE THAT THE STATE AND INSURERS ARE NOT LIABLE FOR PERFORMING THEIR LEGAL DUTIES PURSUANT TO THIS ARTICLE; TO AMEND SECTION 56-10-553, AS AMENDED, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY BY A PERSON WHO HAS A MOTOR VEHICLE REGISTERED IN HIS NAME, SO AS TO MAKE TECHNICAL CHANGES, TO EXTEND THE DEADLINE UPON WHICH A PERSON WHO IS CHARGED WITH FAILING TO MAINTAIN PROOF OF INSURANCE IN HIS MOTOR VEHICLE MAY HAVE THE CHARGE DISMISSED UPON SHOWING THE COURT THAT THE MOTOR VEHICLE WAS INSURED AT THE TIME HE WAS CHARGED, AND TO REVISE THE PENALTY FOR THIS OFFENSE; TO AMEND SECTION 56-10-520, AS AMENDED, RELATING TO THE REQUIREMENT THAT A PERSON WHO SEEKS TO REGISTER A MOTOR VEHICLE MUST DECLARE THAT THE VEHICLE TO BE REGISTERED IS INSURED, SO AS TO REVISE THE PENALTIES FOR A PERSON WHO OPERATES AN UNINSURED MOTOR VEHICLE, AND A PERSON WHO PRESENTS A FALSE CERTIFICATE THAT A MOTOR VEHICLE IS AN INSURED MOTOR VEHICLE OR FALSE EVIDENCE THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED IS AN INSURED MOTOR VEHICLE, TO DELETE THE PROVISION THAT MAKES CERTAIN PORTIONS OF THIS SECTION INAPPLICABLE IF THE MOTOR VEHICLE OWNER HAD GOOD CAUSE TO BELIEVE AND BELIEVED THAT THE MOTOR VEHICLE WAS INSURED, TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "NOTICE OF VIOLATION" FOR THE TERM "RECORD OF HIS CONVICTION OF VIOLATION", TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY MAY RELIEVE A PERSON OF THE REQUIREMENT OF FURNISHING PROOF OF FUTURE FINANCIAL RESPONSIBILITY WHEN THREE YEARS HAVE ELAPSED FROM THE DATE PROOF WAS REQUIRED INSTEAD OF FROM THE DATE OF SUSPENSION; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO DELETE THE PROVISION THAT PROVIDES THE PROCEDURE AN INSURER MUST INFORM THE DEPARTMENT OF PUBLIC SAFETY WHEN A MOTOR VEHICLE BECOMES UNINSURED, TO PROVIDE THAT THE DEPARTMENT MAY AUTHORIZE INSURERS TO UTILIZE ALTERNATIVE METHODS OF PROVIDING NOTICE OF NEW POLICIES WRITTEN AND RENEWALS TO THE DEPARTMENT, TO DELETE THE PROVISION THAT REQUIRES LICENSE PLATES SURRENDERED PURSUANT TO THIS SECTION BE FORWARDED TO THE DEPARTMENT OF REVENUE, AND TO ELIMINATE THE REINSTATEMENT FEE CHARGED TO A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATES AND REGISTRATION CERTIFICATE BEFORE THEIR SUSPENSION; BY ADDING SECTION 56-10-46 SO AS TO PROVIDE THAT A PERSON WHO RESPONDS TO THE NOTICE CONTAINED IN SECTION 56-10-40 WHO PURCHASED INSURANCE AFTER RECEIVING THE NOTICE SHALL HAVE HIS MOTOR VEHICLE RECORD NOTED TO INDICATE THAT HE WILL BE SUBJECT TO REGULAR REQUESTS FOR PROOF OF INSURANCE FROM THE MOTOR VEHICLES DIVISION; BY ADDING SECTION 56-10-615 SO AS TO PROVIDE THAT THE MOTOR VEHICLES DIVISION SHALL OBTAIN INFORMATION FROM INSURERS REGARDING CANCELLATIONS OF AUTOMOBILE INSURANCE POLICIES, TO PROVIDE THAT THE DIVISION SHALL REQUEST PROOF OF INSURANCE FROM PERSONS IDENTIFIED BY THE MOTORIST INSURANCE DATABASE, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO RESPOND TO THE DIVISION; TO AMEND SECTION 38-73-470, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO INCREASE THE FEE AND REVISE THE DISTRIBUTION OF THE FEE; TO REPEAL SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE; AND TO REPEAL SECTION 56-3-220, RELATING TO DEALER SOLD CARDS.
L:\COUNCIL\ACTS\5105CM02.DOC

(R416, H. 5106 (Word version)) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F.N. Smith, J.E. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Walker, Wilder and A. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FROM LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.
L:\COUNCIL\ACTS\5106AC02.DOC

(R417, H. 5133 (Word version)) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS OR THEIR PARENTS OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE AND HEPATITIS B IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THESE DISEASES IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS; AND TO PROVIDE THAT PRIVATE INSTITUTIONS OF HIGHER LEARNING MAY ELECT TO BE GOVERNED BY THIS ACT AND MAY REMOVE ITSELF FROM SUCH GOVERNANCE AT ANY TIME.
L:\COUNCIL\ACTS\5133AC02.DOC

(R418, H. 5196 (Word version)) -- Reps. Klauber, Carnell and Parks: AN ACT TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.
L:\COUNCIL\ACTS\5196DW02.DOC

(R419, H. 5215 (Word version)) -- Reps. Taylor and Wilder: AN ACT TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE AND REDEFINE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; DESIGNATE MAP NUMBERS ON WHICH THESE DISTRICTS ARE DELINEATED; TO MAKE TECHNICAL CORRECTIONS; AND TO DELETE ARCHAIC PROVISIONS.
L:\COUNCIL\ACTS\5215AC02.DOC

(R420, H. 5289 (Word version)) -- Reps. Jennings and Freeman: AN ACT TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REDESIGNATE THE EIGHT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL DISTRICT ARE ELECTED, DESIGNATE A MAP NUMBER ON WHICH THE ELECTION DISTRICTS ARE DELINEATED, AND DELETE PROVISIONS WHICH PROVIDED THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS WHICH CORRESPOND TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.
L:\COUNCIL\ACTS\5289DW02.DOC

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Davis Moise, 85, of Sumter, S.C. Dr. Moise had an illustrious career in medicine, having been educated at the University of Maryland and Duke University and receiving his Doctor of Medicine degree from Duke in 1942. He was chief of the medical staff at Tuomey Hospital and after retiring from his surgical practice, he worked with the Santee-Wateree Mental Health Center, from which he retired in 1998, and was instrumental in founding the Sumter County Mental Health Center. He also served in the U. S. Army Engineer Corps as a battalion surgeon in the Pacific Theatre during WWII and was a decorated veteran. Dr. Moise was a beloved husband, devoted father, veteran, surgeon and enthusiastic participant in civic activities.

Senator LEATHERMAN moved that, when the Senate adjourns on Friday, May 31, 2002, it stand adjourned to meet next Tuesday, June 4, 2002, at 12:00 Noon, which motion was adopted.

At 1:15 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Thursday, June 25, 2009 at 1:15 P.M.