Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from Proverbs, Chapter 16:25:
"The mind of the wise makes their speech Judicious, and adds persuasiveness to their lips."
Let us pray.
Our Father, as we return to these halls of great responsibility from our people where we received a bit of relaxation, a bit of inspiration, and an earful of our peoples' cries, we beseech Your help!
As the hours and the days are slipping by so fast, give us answers to our people's questions, the Spirit of the Man of Galilee who walked the plains and villages of Palestine giving people healing and hope, together with "the mind of the wise that makes our speech judicious, and adds persuasiveness to our lips."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Aiken County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2002
Tracie Lynn Carroll, 1104 Hayne Avenue, Aiken, S.C. 29801
Initial Appointment, Aiken County Magistrate, with term to commence December 1, 2002, and to expire April 30, 2003
Sheridan Lee Lynn, Jr., 1115 Highview Ave., North Augusta, S.C. 29841
Initial Appointment, Aiken County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2003
Patrick Dorn Sullivan, 200 Main Street, Jackson, S.C. 29831 VICE Gail H. Shaw
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
Initial Appointment, Oconee County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2006
Blake A. Norton, 138 White Oak Street, Walhalla, S.C. 29691 VICE Dillard E. Medford
Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Domestic User
Dennis Vernon Chastain, 5699 Highway 11, Pickens, S.C. 29671
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Agricultural
John W. Hane, Route 4, Box 625, Fort Motte, S.C. 29135
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Soil and Water Conservation
John Leroy, 140 Savannah Street, Calhoun Falls, S.C. 29628
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Southern Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Soil and Water Conservation
Marion L. Rizer, 2778 Confederate Highway, Lodge, S.C. 29082
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006
DHEC
Harold Stephen "Steve" Snyder, SC Department of Health and Environmental Control, 1362 McMillan Ave., N. Charleston, S.C. 29405 VICE James C. Ryan
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, West Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Agricultural
Theo Reginal Williams, 851 Columbia Rd., Edgefield, S.C. 29824
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004
Industry
James P. Witkowski, International Paper, P. O. Box B, Eastover, S.C. 29044
Referred to the Committee on Agriculture and Natural Resources.
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2001, and to expire June 30, 2005
Consumer Financial Institutions
H. Albert Jackson, Courtesy Management, 707 Bass Drive, Santee, S.C. 29142
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2002, and to expire June 30, 2006
SC Bankers Association - Banker
Barry L. Slider, First South Bank, 1450 John B. White Blvd., Spartanburg, S.C. 29306 VICE William S. Hummers III
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence June 30, 2002, and to expire June 30, 2004
Private College Presidents
John V. Griffith, Ph.D., President, Presbyterian College, P. O. Box 975, Clinton, S.C. 29325 VICE David Emory Shi
Referred to the Committee on Education.
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1999, and to expire April 1, 2003
Forensic Pathologist
Joel S. Sexton, 2669 Kinard Street, Newberry, S.C. 29108
Referred to the Committee on Judiciary.
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2003, and to expire April 1, 2007
Forensic Pathologist
Joel S. Sexton, 2669 Kinard Street, Newberry, S.C. 29108
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2000, and to expire June 30, 2004
1st Congressional District
Alpha "Al" Ted Bailey, Bailey Specialties, Inc., 2206 North Main St., Summerville, S.C. VICE Caleb Davis
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2002, and to expire September 30, 2005
Therapist
Joyce J. Branham, OTR, 332 Valencia Road, Winnsboro, S.C. 29180
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 2001, and to expire April 1, 2005
National Cosmetology Association
Jack S. Humphries, Betty Stevens Beauty, Inc., P. O. Box 3827, Florence, S.C. 29502
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 2001, and to expire April 1, 2005
SC Vocational Directors Association
Kenneth William Lake, Sr., Lexington School District One, 100 Tarrar Springs Road, Lexington, S.C. 29072 VICE Miriam C. Sprott
Referred to the Committee on Labor, Commerce and Industry.
The following was received and referred to the appropriate committee for consideration:
Document No. 2730
Agency: Department of Public Safety
SUBJECT: Criminal Justice Academy Training Regulations
Received by Lieutenant Governor May 30, 2002
Referred to Judiciary Committee
Legislative Review Expiration September 27, 2002
Subject to Sine Die Revision
Senator COURSON introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
At 12:10 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
H. 4633 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Bill was taken up for immediate consideration.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator THOMAS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1318 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION BY ADOPTING THE "ACCESS TO CANCER THERAPIES ACT OF 2001" (H.R. 1624; S.913) WHICH WILL PROVIDE MEDICARE COVERAGE FOR ALL ORAL ANTI-CANCER DRUGS.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.
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 from the committee.
Senator RYBERG asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The Bill was given a second reading with notice of general amendments and ordered placed on the third reading Calendar for consideration tomorrow.
The following were introduced:
S. 1324 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE THE LIMESTONE COLLEGE MEN'S LACROSSE TEAM ON ITS SECOND NATIONAL COLLEGIATE ATHLETIC ASSOCIATION DIVISION II TITLE IN THREE YEARS AND TO CELEBRATE THE RETURN OF THE TITLE TROPHY TO GAFFNEY, SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1325 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND MR. JACK G. HENDRIX, ONE OF LEXINGTON COUNTY'S AND SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, FOR HIS OUTSTANDING SERVICE ON THE RICHLAND-LEXINGTON AIRPORT COMMISSION SINCE 1982.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1326 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO COMMEND D.J. TRAHAN FOR HIS OUTSTANDING ACHIEVEMENTS, BOTH ON THE GOLF COURSE AND IN THE CLASSROOM, WHILE ATTENDING CLEMSON UNIVERSITY AND TO CONGRATULATE HIM ON WINNING THE 2002 BEN HOGAN AWARD.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1327 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO COMMEND EDNA W. NESBITT OF HOLLYWOOD FOR HER OUTSTANDING CONTRIBUTION TO EDUCATION FOR OVER THIRTY-TWO YEARS AS A TEACHER IN THE PUBLIC SCHOOLS OF CHARLESTON COUNTY AND TO EXTEND EVERY GOOD WISH TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT FROM C. C. BLANEY ELEMENTARY SCHOOL AND THE CHARLESTON COUNTY SCHOOL SYSTEM.
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The Senate Resolution was adopted.
S. 1328 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO RECOGNIZE THE MANY CONTRIBUTIONS TO THIS STATE OF THE UNDERWOOD FAMILY OF CHESTER AND TO EXTEND THE BEST WISHES TO THE UNDERWOOD FAMILY ON THE OCCASION OF THEIR FAMILY REUNION.
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The Senate Resolution was adopted.
S. 1329 (Word version) -- Senators McGill, Leatherman and Land: A SENATE RESOLUTION TO COMMEND THE OFFICERS AND FIREFIGHTERS, BOTH PAID AND VOLUNTEER, OF THE SOUTH LYNCHES FIRE DEPARTMENT OF FLORENCE AND WILLIAMSBURG COUNTIES FOR THEIR OUTSTANDING CONTRIBUTIONS TO PUBLIC SAFETY, TO CONGRATULATE THEM ON RECEIVING A PUBLIC FIRE PROTECTION CLASS 5 CLASSIFICATION IN ITS SERVE AREA FROM THE INSURANCE SERVICES OFFICE, AND TO EXTEND EVERY GOOD WISH TO THIS BRAVE AND DEDICATED GROUP OF PROFESSIONAL FIREFIGHTERS FOR THEIR PERSONAL SAFETY AND FOR RESOUNDING SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1330 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE TRAFFIC PATTERNS OF TANKER TRUCKS THAT LEAVE THE OIL RESERVES LOCATED ALONG SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY AND TRAVEL TO INTERSTATE HIGHWAYS 26 AND 85 TO DETERMINE THE MOST FEASIBLE AND SAFEST ROUTE FOR THESE TRUCKS TO TRAVEL AND TO REPORT ITS FINDINGS AND CONCLUSIONS TO THE GENERAL ASSEMBLY BY JANUARY 8, 2003.
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Senator HAWKINS spoke on the Resolution.
On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1331 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND DOCTOR JAMES W. SALTER FOR HIS TWENTY-TWO YEARS OF COMPASSIONATE LEADERSHIP OF THE CONGREGATION OF TEMPLE BAPTIST CHURCH OF COLUMBIA.
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The Senate Resolution was adopted.
H. 5345 (Word version) -- Reps. Edge, Witherspoon, Barfield, Keegan and Kelley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED AT THE INTERSECTION OF SC-22 AND US-701 NORTH AS THE "LIEUTENANT RANDY G. GERALD MEMORIAL BRIDGE" IN HONOR OF THIS OUTSTANDING LAW ENFORCEMENT OFFICER WHO LOST HIS LIFE IN THE LINE OF DUTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5379 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO COMMEND KHALIL GREENE OF THE CLEMSON UNIVERSITY BASEBALL TEAM FOR HIS OUTSTANDING ACCOMPLISHMENTS ON THE DIAMOND AND TO CONGRATULATE HIM ON BEING NAMED THE 2002 ATLANTIC COAST CONFERENCE BASEBALL PLAYER OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., May 30, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requests the return of:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
Very respectfully,
Speaker of the House
Received as Information.
On motion of Senator HUTTO, with unanimous consent, the Senate refused to return H. 3601 to the House, as requested.
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
The House returned the Bill with amendments.
On motion of Senator RICHARDSON, 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.
Columbia, S.C., May 30, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requests the return of:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator SHORT, with unanimous consent, the Senate acceded to the request from the House.
The Bill was returned to the House, as requested.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Campsen, Coleman and Delleney to the Committee of Conference on the part of the House on:
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. 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.
On motion of Senator MOORE, the Senate insisted upon its amendments to S. 887 and asked for a Committee of Conference.
Whereupon, Senators HAYES, PINCKNEY and COURSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
On motion of Senator MATTHEWS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MATTHEWS spoke on the report.
On motion of Senator MATTHEWS, the Report of the Committee of Conference to H. 4426 was adopted as follows:
The Committee of Conference, to whom was referred:
H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/28/02.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 391 of 2000, is further amended by adding a subsection at the end to read:
"(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
SECTION 2. Section 61-6-1540(A) of the 1976 Code is amended to read:
"(A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:
(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer.;
(2) Retail dealers also may sell nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business.; and
(3) lottery tickets under the provisions of Chapter 150 of Title 59."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/John Wesley Matthews /s/Jeff Young /s/William Clarence Mescher J. Gary Simrill /s/Lawrence Kelly Grooms /s/James Merrill On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator LEATHERMAN proposed the following amendment (237R001.HKL), which was adopted:
Amend the bill, as and if amended, page 26, lines 27 through 32 by striking Section 40-59-220(C) and inserting:
/ (C) The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars or a reviewed financial statement demonstrating a net worth of not less than seventy-five thousand dollars of which at least fifteen thousand dollars must be in cash and cash equivalents. /
Amend the bill further, as and if amended, page 27, by striking lines 14 through 24.
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND VARIOUS SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE. (ABBREVIATED TITLE)
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator GREGORY proposed the following amendment (NBD\11847DJC02), which was adopted:
Amend the bill, SECTION 10(F), page 10, line 40, by striking subsection (F) in its entirety and inserting:
/(F) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display a on its port and starboard sides current identification decal decals provided by the department. /
Amend the bill further, SECTION 13(C), page 12, line 5, by striking subsection (C) in its entirety and inserting:
/(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification decal decals provided by the department. /
Amend the bill, further, SECTION 25(B), page 18, line 20, by striking subsection (B) in its entirety and inserting:
/(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. Any A person who violates this subsection by trawling outside the General Trawling Zone:
(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or
(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.
Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter. /
Amend the bill, further, SECTION 45, page 43, line 40, by striking SECTION 45 in its entirety and inserting:
/ SECTION 45. Section 50-5-2520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1 the Administrative Procedures Act." /
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-65(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(F) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter may constitute is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-1100(L) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(L) Each quart of shrimp taken in violation of the provisions of this section may constitute is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-1330(G) of the 1976 Code, as added by Act 245 of 2000, is amended read:
"(G) A person who violates this section or a condition of a permit issued hereunder is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each horseshoe crab or part thereof in violation may be considered is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-1715 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1715. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article may constitute is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-2100(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) A person who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department in an amount equal to the value of the fish. Each fish taken, imported, or possessed in violation of this section may constitute is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-2105(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each fish sold or offered for sale in violation of this section may constitute is a separate offense."/
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-2740 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2740. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish, lobster, or other marine resource taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article may constitute is a separate offense."/
Renumber sections to conform.
Amend title to conform.
Senator GREGRORY explained the amendment.
The amendment was adopted.
Senator GREGORY proposed the following amendment (SWB\5479DJC02), which was adopted:
Amend the bill, as and if amended, in Section 50-5-15(37)(b) of the 1976 Code, as contained in SECTION 2, page 6, line 39, by inserting / one / after / only /;
Amend the bill, further, as and if amended, in Section 50-5-765, as contained in SECTION 27, page 19, beginning on line 23, by striking SECTION 27 in its entirety and inserting:
/ SECTION 27. Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is further amended to read:
"Section 50-5-765. (A) Except as provided in this section, A a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.
(B) Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:
(1) must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height, or
(2) must have a federally approved leatherback or double cover flap hard turtle excluder device modification.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days, and any such net is contraband." /
Amend the bill further, as and if amended, in Section 50-5-1506(a)(ii)(1), SECTION 33, page 30, line 16, by striking / 15 / after / February / and inserting / 1 /
Amend the bill, further, as and if amended, in Section 50-5-1506(a)(ii), SECTION 33, page 30, line 17, by striking subitem (2) and inserting:
/ (2) Times: Monday noon to Saturday noon, local time; /
Amend the bill, further, as and if amended, in Section 50-5-1506(f)(ii)(2), SECTION 33, page 32, line 32, by striking / Thursday / and inserting / Friday /
Amend the bill, further, as and if amended, in Section 50-5-1507(b), SECTION 34, page 34, beginning on line 17, by striking item (b) in its entirety and inserting:
/ (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) Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the department seaward to Wilson Dam Boat Landing:
(1) Season: February 15 through April 30 for herring only;
(2) Times: Sunrise Monday to sunset Thursday, as locally published;
(3) Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.
(ii) Rediversion Canal:
(1) Season: March 1 through April 30;
(2) Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;
(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephen Powerhouse, except with hook and line from March 1 through April 15;
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.
(iii) Santee River seaward of Wilson Boat Landing:
Season: No open season. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following amendment (379R001.LKG), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered new SECTIONS:
/ SECTION ___. Proviso 22.5 of Act ___, R. 373, H. 4878 of 2002 is repealed.
SECTION ____. (A) There is created a Farmers Market Relocation Oversight Committee to study and make recommendations to the General Assembly in connection with the establishment of a new Columbia State Farmers Market facility, including:
(1) location and acquisition of a highly visible, easily accessible site of at least one hundred twenty acres of developable property in the Columbia Metropolitan Area;
(2) procurement of funding to construct facilities at the new location; and
(3) oversight of the planning and construction of the facilities at the new location.
(B) The Farmers Market Relocation Oversight Committee is composed of the following ten members:
(1) Commissioner of Agriculture;
(2) appointee of the Secretary of Commerce;
(3) two appointees of the Chairman of the Agriculture Commission;
(4) two appointees of the Governor;
(5) appointee of the President Pro Tempore of the Senate;
(6) appointee of the Speaker of the House of Representatives;
(7) appointee of the Chairman of the Finance Committee of the Senate; and
(8) appointee of the Chairman of the Ways and Means Committee of the House of Representatives.
(C) Notwithstanding Section 8-13-770 or any other provision of law, a person appointed to this committee may be a member of the General Assembly.
(D) The Farmers Market Relocation Oversight Committee shall elect a chairman and other necessary officers from its membership. The committee shall meet as often as necessary to discharge its duties before making its report to the General Assembly. Committee members are not allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(E) The Treasurer shall transfer $50,000 from the Warehouse Receipts Guaranty Fund to the Department of Agriculture.
(F) Upon selection of an appropriate location by a majority of the members of the committee, the committee may contract for an option to purchase the land comprising the location. The option should be for a sufficient period of time for the General Assembly to consider the committee's recommendations. The committee may use up to the amount transferred to the Department of Agriculture pursuant to subsection (E) to purchase the option. The Director of the Department of Agriculture shall use the funds necessary to purchase the option upon certification by the chairman of the committee that a majority of the members have approved the location. Any remaining funds must be returned to the Warehouse Receipts Guaranty Fund.
(G) The Farmers Market Relocation Oversight Committee shall submit its recommendations in a report to the General Assembly before January 1, 2003. A contract for an option to purchase does not have to be entered into by this date if there is no agreement of a suitable location by a majority of the members of the committee.
The initial meeting shall be called by the Speaker of the House of Representatives. The Governor's Office shall provide staffing for the committee. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator McCONNELL proposed the following amendment (PT\1030DW02), 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.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senators WALDREP, SHORT and RITCHIE proposed the following amendment (JUD1208.003), which was adopted:
Amend the bill, as and if amended, page 16, after line 41, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Section 20-7-490 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-490. When used in this article, or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:
(1) 'Child' means a person under the age of eighteen.
(2) 'Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (3) and (4), by the acts or omissions of the child's parent, guardian, or other person responsible for his welfare.
(3) 'Harm' to a child's health or welfare can occur 'Child abuse or neglect,' or `harm' occurs when the parent, guardian, or other person responsible for the child's welfare:
(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
(i) is administered by a parent or person in loco parentis;
(ii) is perpetrated for the sole purpose of restraining or correcting the child;
(iii) is reasonable in manner and moderate in degree;
(iv) has not brought about permanent or lasting damage to the child; and
(v) is not reckless or grossly negligent behavior by the parents.
(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;
(c) fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury or presents a significant threat of injury as defined in this section. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance, and those efforts were unsuccessful because of the parents' refusal to cooperate. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.;
(d) abandons the child;
(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.; or
(f) has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.
(4) 'Threatened harm' means a substantial risk of harm, as defined by item (3).
(5)(3) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child day-care facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 must be initiated when If the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child, the department may use information gathered by law enforcement responding to the incident to determine whether to initiate an investigation. If this information is not available within twenty-four hours following receipt of the report, an investigation pursuant to Section 20-7-650 must be initiated.
(6)(4) 'Physical injury' means death or permanent or temporary disfigurement or impairment of any bodily organ or function.
(7)(5) 'Mental injury' means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.
(8)(6) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.
(9)(7) 'Protective services unit' means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.
(10)(8) 'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.
(11)(9) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.
(12)(10) 'Unfounded report' means a report made pursuant to this article for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the department determines otherwise.
(13)(11) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.
(14)(12) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.
(15)(13) 'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.
(16)(14) 'Department' means the Department of Social Services.
(17)(15) 'Child protective investigation' means an inquiry conducted by the department in response to a report of child abuse or neglect made pursuant to this article.
(18)(16) 'Child protective services' means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:
(a) protect the child's safety and welfare; and
(b) maintain the child within the family unless the safety of the child requires placement outside the home.
(19)(17) 'Affirmative determination' means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:
(a) the court;
(b) the Department of Social Services upon a final agency decision in its appeals process; or
(c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding must be the affirmative determination.
(20)(18) 'Court' means the family court.
(21)(19) 'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.
(22)(20) 'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:
(a) consent consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment;
(b) represent representing a child in legal actions and to make other decisions of substantial legal significance affecting a child; and
(c) rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.
(23)(21) 'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.
(24)(22) 'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.
(25)(23) 'Physical custody' means the lawful, actual possession and control of a child.
(26)(24) 'Emergency protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.
Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."
SECTION ___. The 1976 Code is amended by adding:
"Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred."
SECTION ___. Section 20-7-670(A) and (B) of the 1976 Code, as last amended by Part II, Section 6A of Act 1 of 2001, are further amended to read:
"(A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions and, foster homes, and childcare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster Foster homes subject to this section are those which are supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes." /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 911 (Word version) -- Senator Pinckney: A BILL TO CONFIRM AND RATIFY ALL PROCEEDINGS OF THE TRUSTEES AND OFFICIALS OF THE JASPER COUNTY SCHOOL DISTRICT IN CALLING AND HOLDING A SPECIAL ELECTION ON SEPTEMBER 29, 2001, PURSUANT TO THE JASPER COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, ON THE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS IN AN AMOUNT NOT EXCEEDING FORTY-FIVE MILLION NINE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS AND IMPOSING A ONE PERCENT SPECIAL SALES AND USE TAX FOR NOT MORE THAN TWENTY-FIVE YEARS, AND AUTHORIZING THE ISSUANCE OF THE BONDS AND THE IMPOSITION OF THE SALES TAX IN FURTHERANCE OF THE VOTE AT THE ELECTION.
The House returned the Bill with amendments.
On motion of Senator PINCKNEY, 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 Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 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.
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 GREGORY proposed the following Amendment No. 1 (4876R001.CKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-120(A)(1)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only March second through October fourteenth without weapons and with dogs only;
SECTION 2. Section 50-11-120(A)(2)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only March second through October fourteenth without weapons and with dogs only;"
SECTION 3. Section 50-11-120(A)(3)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 4. Section 50-11-120(A)(4)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only March second through October fourteenth without weapons and with dogs only;"
SECTION 5. Section 50-11-120(A)(5)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 6. Section 50-11-120(A)(6)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 7. Section 50-11-120(A)(7)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 8. Section 50-11-120(A)(8)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 9. Section 50-11-120(A)(9)(e) of the 1976 Code, as amended by Act 117 of 1999, is further amended to read:
"(e) raccoon and opossum: August fifteenth through September fourteenth with dogs only; September fifteenth through March fifteenth with weapons and dogs; March sixteenth through May September fourteenth with dogs only;"
SECTION 10. Section 50-11-120(A)(10)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 11. Section 50-11-120(A)(11)(d) of the 1976 Code, as amended by Act 95 of 1991, is further amended to read:
"(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only. March sixteenth through September fourteenth without weapons and with dogs only;"
SECTION 12. Section 50-11-140 of the 1976 Code, as amended by Act 473 of 1994, is further amended to read:
"Section 50-11-140. During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm. All firearms must be unloaded and locked in a vehicle, unless legally permitted."
SECTION 13. 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 14. 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 15. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
Senator KUHN proposed the following Amendment No. 2A (4876R005.JRK), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ 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." /
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
The amendment was adopted.
Senator GREGORY proposed the following Amendment No. 3 (4876R004.CKG), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. Article 5, Chapter 9, Title 50 of the 1976 Code is amended by adding:
"Section 50-9-545. It is unlawful for a person to take striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass in the waters of this State without first procuring a state waters fisheries hatchery stamp and having a valid stamp in their possession while taking or transporting striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass caught in the waters of this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.
For purposes of this section, taking does not include the catching and immediate release of fish back to the waters when and where they were caught.
Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp. The department must furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance.
The department may produce additional stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents. These proceeds must be retained by the department.
Revenue derived from the sale of the stamp may be used only for the cost of printing, promoting, and producing the stamp and for those freshwater fisheries hatchery and habitat projects specified by the board for the development, protection, and propagation of freshwater fish in this State. None of the funds may be expended for administrative salaries."
SECTION ____. Section 50-13-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-13-210. It is unlawful for a person in any one day to catch more than forty game fish;, however, of the total creel limit:
(1) not more than ten of the total may be striped bass (Rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;
(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;
(3) not more than ten of the total may be trout; provided, not more than five trout may be taken in any one day from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River;
(4) not more than eight of the total may be walleye or sauger or a combination of them;
(5) not more than thirty of the total may be any game fish not specified." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
By prior motion of Senator HUTTO, the following amendment was taken up for immediate consideration and adopted:
Senators MATTHEWS and HUTTO proposed the following amendment (NBD\11863AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Sections 3, 4, and 5 of Act 526 of 1996 are amended to read:
"Section 3. (A) There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and qualify.
Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.
The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. The Orangeburg County Board of Education is hereby abolished and all powers and duties of the county board of education are devolved upon the Orangeburg County Consolidated School District Fiscal Commission as established pursuant to this section.
There is established the Orangeburg County Consolidated School District Fiscal Commission to be composed of these five members who shall serve, ex officio: the Orangeburg County Treasurer, the Orangeburg County Auditor, and each chairman, of the board of trustees of the Orangeburg County Consolidated School District Three, the Orangeburg County Consolidated School District Four, and the Orangeburg County Consolidated School District Five or a chairman's designee who must be a member of that chairman's board of trustees.
(B) The primary role of the county board of education Orangeburg County Consolidated School District Fiscal Commission shall be is to equalize funding among the three consolidated districts in the manner provided by this act.
(C) The county board of education Orangeburg County Consolidated School District Fiscal Commission shall have only those powers, duties, and functions as provided in this act and not as provided by the general law, all of the other powers, duties, and functions being reserved to the boards of the particular consolidated school districts.
(D) The county board of education Orangeburg County Consolidated School District Fiscal Commission shall serve as a fiscal agent to distribute the countywide school millage levy for operating and debt service purposes to the three consolidated school districts of the county as provided in this act.
(E) The county board of education Orangeburg County Consolidated School District Fiscal Commission also shall:
(1) serve as arbitrator in disputes concerning school district lines;
(2) receive a copy of each district's annual audit of its financial affairs; and
(3) adopt a budget for the operations of the county board which at no time may in dollar terms exceed the value of one-half mill; and
(4) prescribe a uniform salary schedule for all certified teachers to be effective beginning with school year 1997-98.
(F) The county board of education Orangeburg County Consolidated School District Fiscal Commission, in consultation with the boards of the three consolidated school districts, shall review annually the impact of the formula established in Section 5 of this act and shall recommend revisions as necessary or shall develop a new formula to provide for the equalization of the districts' per pupil funding to within plus or minus five percent of the county average local and EFA revenue per pupil, taking into consideration any differences in local tax effort, within five years of the effective date of this act. The recommendations on the formula must be presented to the county legislative delegation no later than March 30 of each year.
(G) Funds remaining on this act's effective date previously under the control or use for the operation of the Orangeburg County Board of Education are transferred to the Orangeburg County Consolidated School District Fiscal Commission and must be distributed among the three consolidated districts in the same proportion as funds are distributed to these districts in accordance with the average daily membership formula in accordance with Section 5(A) of this act."
SECTION 4. (A) The board of trustees of each consolidated school district, before July first of each year beginning in 1997, shall prepare a school district budget for the ensuing school year. Before September second of each year beginning in 1997, the board shall notify the county auditor and treasurer in writing of the, millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 1997, a school district may raise its millage by not more than three mills over that levied for the previous year, adjusted in addition to any millage needed to adjust for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030 of the 1976 Code; however, the millage increase above the EFA and EIA requirements must be approved by the county board Orangeburg County Consolidated School District Fiscal Commission. Any increase above this three mills for operations may be levied only after a majority of the registered electors of the district voting in a referendum called by the county board Orangeburg County Consolidated School District Fiscal Commission and conducted by the county election commission vote in favor of the millage increase. However, Consolidated District Four shall be permitted to adjust millage to compensate for the loss of Education Finance Act funding attributable to the assessed valuation of the Cope Electric Generating Station. The amount of decrease in the Education Finance Act funding resulting from the generating station must be certified by the State Department of Education. This millage adjustment shall occur only once and shall be limited to the millage needed to replace the Education Finance Act funds.
(B) Each consolidated board shall hold a public hearing prior to its final approval of the budget for the district. Notice of these public hearings must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of 1997 only, the millage levied for the previous year of a consolidated district must be derived by dividing the total revenue raised in 1996 from school tax millage by each of the former school districts of the county now a part of that consolidated district by the total 1996 assessed value of all taxable property of those former districts less thirty mills.
SECTION 5. (A) Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board Orangeburg County Consolidated School District Fiscal Commission to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year beginning in 1998. The amount of hold harmless funds will be calculated by multiplying the value of a countywide mill times the number of hold harmless mills; less the district's equalized funds from the wealth per student calculation; plus the district share of the mill assigned to the district with the lowest wealth per student.
Step 7. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(B) Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements or debt service purposes is hereby imposed and shall be distributed by the county board Orangeburg County Consolidated School District Fiscal Commission to the consolidated school districts on the following formula:
Step 1. Determine the countywide wealth per student by dividing the total value of a countywide mill by the total average daily membership (ADM) of the three consolidated districts. The ADM will be determined by the prior year one hundred thirty-five day report for each district.
Step 2. Determine each district's wealth per student by dividing the total value of the district's mill by its ADM.
Step 3. Determine the variance of each district's wealth per student from the highest district's wealth per student.
Step 4. Equalize the wealth per student for the least wealthy district by multiplying that district's variance from the highest wealth per student by the district's ADM and multiplying by 25 5 mills; equalize the next least wealthy district by multiplying that district's variance from ninety-five percent of the highest wealth per student by the district's ADM and multiplying by 25 5 mills.
Step 5. The district with the lowest wealth per student is assigned one mill.
Step 6. The remaining funds from the countywide millage shall be divided equally among the three districts based on their percentage of the county's ADM.
(C) The county board of education Orangeburg County Consolidated School District Fiscal Commission shall make the determinations and allocations required by the formula established in this section.
(D) The county board of education Orangeburg County Consolidated School District Fiscal Commission, before July first of each year beginning in 1998, shall determine whether the countywide tax millage levy of twenty-five mills is sufficient to meet the five-year phase-in of equalization of funding. Before September second of each year, the board commission shall notify the county auditor and treasurer in writing of the increase in countywide millage required for the equalization of funding. The notice by the county board commission constitutes authority for the levying and collection of the increase in countywide millage upon all the real and personal property within the county. Beginning in 1998, the county board commission may raise the countywide millage by no more than three mills over that levied for the previous year. This millage shall be added to the formula as the county board commission determines best contributes to the phase-in of equalization.
(E) The county board Orangeburg County Consolidated School District Fiscal Commission shall hold a public hearing prior to its final approval of any increase in the countywide millage. Notice of these public hearings must be placed in a newspaper of general circulation in the county at least fifteen days before the public hearing.
(F) Notwithstanding the requirements of this section, if new construction and improvements are not exempted from any roll back millage requirement, the formula shall not be implemented until the millage can be adjusted to generate the projected revenue needed to fund the formula."
SECTION 2. Sections 9 and 10 of Act 526 of 1996 are amended to read:
"SECTION 9. (A) The eight present school districts of Orangeburg County shall be abolished on July 1, 1997, at which time the consolidated school districts of the county as herein provided shall be established. The terms of all members of the boards of trustees of the eight present school districts of the county shall expire on this date. However, the members of the board of trustees of each consolidated school district elected at the 1997 nonpartisan election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date and until July 1, 1997, the boards may organize, begin planning for the changeover to a consolidated district, enter into contracts to effectuate these purposes, and perform other related matters pertaining thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and no consolidated board may do anything to interfere with this authority.
(B) Any member of one of the eight present school boards of the county may seek election to a consolidated school district board or to the county board of education in 1997. However, if they are elected to such office, prior to assuming the duties thereof, they must first resign as a member of their present board. In this event and notwithstanding any other provision of law, the vacancy on the present board they are vacating shall be filled for the remainder of the unexpired term by appointment of the county legislative delegation.
(C) The members of the county board of education elected at the 1997 election shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code. From this date until July 1, 1997, the county board may organize, begin planning for the changeover to the new school system of the county, enter into contracts to effectuate these purposes, and perform other related matters thereto, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the eight present districts until July 1, 1997, and the county board may do nothing to interfere with this authority.
SECTION 10. All local acts pertaining to any school district of Orangeburg County inconsistent with the provisions of this act are repealed as of July 1, 1997, it being the intent of the General Assembly to have this act and the general law be the only provisions of law governing the consolidated school districts of the county and the county board of education."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
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.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FAIR proposed the following amendment (NBD\ 11865AC02):
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 motorcycle registered with the State that is equipped and licensed for highway use may not be excluded from state maintained roads in Jocassee Gorge during periods when any public use of these roads is permitted."/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN objected to further consideration of the Bill.
At 12:47 P.M., on motion of Senator McCONNELL, the Senate receded from business pending the Ratification of Acts.
At 1:00 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 4, 2002, at 1:00 P.M. and the following Acts were ratified:
(R421, S. 65 (Word version)) -- Senators Mescher, Reese and Branton: AN ACT TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A CANDIDATE'S NAME MAY NOT APPEAR ON THE BALLOT; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH SPECIAL ELECTIONS TO FILL A VACANCY IN AN OFFICE ARE NOT REQUIRED; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO REVISE THE DATES BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.
L:\COUNCIL\ACTS\65SD02.DOC
(R422, S. 886 (Word version)) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS; TO AMEND SECTION 12-6-3470, RELATING TO THE EMPLOYER CREDIT ALLOWED AN EMPLOYER HIRING A PERSON WHO RECEIVED FAMILY INDEPENDENCE PAYMENTS, SO AS TO CONFORM THE ELIGIBILITY FOR THE CREDIT TO THE NEW CATEGORY OF "DISTRESSED COUNTY" AS ESTABLISHED IN THIS ACT; AND TO AMEND SECTIONS 12-10-80 AND 12-10-81, BOTH AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT, SO AS TO CONFORM THESE PROVISIONS TO THE NEW CATEGORY OF "DISTRESSED COUNTY" AS ESTABLISHED IN THIS ACT.
L:\COUNCIL\ACTS\886HTC02.DOC
(R423, S. 1249 (Word version)) -- Senators Short and Fair: AN ACT TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
L:\COUNCIL\ACTS\1249DW02.DOC
(R424, S. 1252 (Word version)) -- Senators Grooms, Matthews and Pinckney: AN ACT TO REPEAL ACT 917 OF 1964 RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.
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(R425, S. 1288 (Word version)) -- Senators Setzler, Knotts and Bauer: AN ACT 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 OR INDIVIDUAL ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND DELINQUENT TAXES MUST BE COLLECTED FROM THE PREVIOUS OWNER, NOT INCLUDING THE DEALER, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
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(R426, H. 3142 (Word version)) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; AND TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR.
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(R427, H. 3906 (Word version)) -- Rep. Wilkins: AN ACT 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 SPECIFY INFORMATION THAT MUST BE PROVIDED TO THE COURT WITH A PETITION FOR A NAME CHANGE, INCLUDING FINGERPRINT AND CRIMINAL BACKGROUND CHECK RESULTS, WHETHER THE PETITIONER IS LISTED IN THE CENTRAL REGISTRY OF ABUSE AND NEGLECT OR THE SEX OFFENDER REGISTRY, WHETHER THE PETITIONER IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT, AND WHETHER THE PETITIONER IS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND TO PROVIDE PROCEDURES FOR AGENCIES TO MAKE NAME CHANGES AS A RESULT OF THE INFORMATION PROVIDED; TO PROVIDE EXEMPTIONS FROM CERTAIN NAME CHANGE REQUIREMENTS FOR MINORS AND FOR ADULTS IN CONNECTION WITH NAME CHANGES RELATED TO DIVORCE OR MARRIAGE; AND TO PROVIDE THAT THE PETITIONER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THESE NAME CHANGE REQUIREMENTS.
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(R428, H. 4416 (Word version)) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: AN ACT TO ENACT THE "SOUTH CAROLINA HOMELAND SECURITY ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 1-3-420, RELATING TO PROCLAMATION OF EMERGENCY BY THE GOVERNOR, SO AS TO INCLUDE A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING SECTION 1-11-435 SO AS TO PROVIDE FOR PROTECTION OF THE STATE'S CRITICAL INFORMATION AND BY ADDING SECTION 1-11-770 SO AS TO PROVIDE FOR THE SOUTH CAROLINA 211 NETWORK TO COORDINATE INFORMATION AND REFERRALS FOR HEALTH AND HUMAN SERVICES STATEWIDE; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-340 SO AS TO PROVIDE FOR PROTECTION AND POLICING OF FACILITIES OWNED BY SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO PROVIDE FOR JURISDICTION OVER COMPUTER CRIMES AND TERRORISM AND TO DEFINE "TERRORISM"; TO AMEND SECTION 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, SO AS TO INCLUDE THE MISLEADING USE OF THE EMERGENCY TO RAISE CONTRIBUTIONS OF MONEY OR SERVICES; TO AMEND SECTION 16-16-10, AS AMENDED, RELATING TO DEFINITIONS FOR COMPUTER CRIME OFFENSES, SO AS TO FURTHER DEFINE "COMPUTER", "COMPUTER HACKING", AND "COMPUTER CONTAMINANT"; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO PENALTIES FOR COMPUTER CRIME OFFENSES, SO AS TO REDUCE THE FIRST DEGREE PENALTY TO FIFTY THOUSAND DOLLARS OR FIVE YEARS, OR BOTH, TO REQUIRE THE VICTIM'S LOSS TO EXCEED TEN THOUSAND DOLLARS INSTEAD OF FIVE THOUSAND, AND TO PROVIDE FOR SEPARATE OFFENSES; TO AMEND SECTION 16-16-25, AS AMENDED, RELATING TO CIVIL REMEDIES FOR COMPUTER CRIME OFFENSES, SO AS TO PROVIDE FOR ATTORNEY'S FEES; TO AMEND SECTION 16-16-30, AS AMENDED, RELATING TO VENUE FOR COMPUTER CRIME OFFENSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND ARTICLE 7, CHAPTER 23, TITLE 16, RELATING TO BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION, SO AS TO, AMONG OTHER THINGS, DEFINE "TERRORISM", TO FURTHER DEFINE "WEAPON OF MASS DESTRUCTION", TO MAKE IT A FELONY TO USE A WEAPON OF MASS DESTRUCTION IN AN ACT OF TERRORISM AND TO PROVIDE PENALTIES, INCLUDING DEATH, TO MAKE IT A FELONY TO THREATEN THE USE OF A DESTRUCTIVE DEVICE OR TO HARBOR A PERSON WHO USES OR THREATENS THE USE OF A DESTRUCTIVE DEVICE AND TO PROVIDE PENALTIES, AND TO REQUIRE REPORTING BY LOCAL LAW ENFORCEMENT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) OF WEAPONS OF MASS DESTRUCTION; TO AMEND TITLE 17, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30 SO AS TO PROVIDE, AMONG OTHER THINGS, THE PROTOCOL FOR INTERCEPTION OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS, TO SPECIFY UNLAWFUL ACTS OF COMMUNICATION INTERCEPTION, TO REQUIRE A COURT ORDER INITIATED BY SLED OR A CERTIFICATION TO OBTAIN INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE TO INTERCEPT COMMUNICATIONS AND TO SPECIFY REQUIREMENTS FOR OBTAINING THE ORDER, TO MAKE IT UNLAWFUL TO POSSESS OR TO SELL A COMMUNICATION INTERCEPTING DEVICE, TO PROVIDE THAT INTERCEPTED COMMUNICATIONS MAY NOT BE USED AS EVIDENCE UNLESS OBTAINED AS AUTHORIZED OR OTHERWISE DISCLOSED, TO PROVIDE THAT A VIOLATION OF THE PROVISIONS IS A FELONY AND TO PROVIDE PENALTIES, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON HARMED BY A VIOLATION OF THE PROVISIONS, TO AMEND SECTION 25-1-420, AS AMENDED, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION, SO AS TO ESTABLISH THE URBAN SEARCH AND RECOVERY TEAM; TO AMEND SECTION 25-1-440, RELATING TO POWERS OF THE GOVERNOR IN AN EMERGENCY, SO AS TO PROVIDE FOR THE PUBLIC HEALTH EMERGENCY PLAN COMMITTEE TO ADVISE HIM ON THE DECLARATION OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT (FOI), SO AS TO PROVIDE THAT INFORMATION REGARDING THE SECURITY PLAN OF A PUBLIC BODY IS NOT OPEN TO THE PUBLIC; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM FOI DISCLOSURE, SO AS TO INCLUDE INTERCEPTED WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS NOT DISCLOSED IN TRIAL AND STRUCTURAL BRIDGE PLANS; TO AMEND SECTION 33-56-120, AS AMENDED, RELATING TO MISREPRESENTATIONS PROHIBITED IN CHARITABLE SOLICITATIONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MAKE A MISREPRESENTATION IN CONNECTION WITH AN EMERGENCY SO AS TO SOLICIT CONTRIBUTIONS; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-149 SO AS TO PROVIDE FOR REGISTRATION OF AN AGENT FOR NOTIFICATION OF DECLARATION OR TERMINATION OF STATE OF EMERGENCY; TO AMEND SECTION 44-1-80, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) AS TO COMMUNICABLE OR EPIDEMIC DISEASES, SO AS TO PROVIDE FOR REPORTS AND NOTICE OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 44-1-100, RELATING TO ASSISTANCE FROM LOCAL HEALTH OFFICERS, SO AS TO PROVIDE SPECIFICALLY FOR ENFORCEMENT ASSISTANCE IN A PUBLIC HEALTH EMERGENCY; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 4 SO AS TO ENACT THE "EMERGENCY HEALTH POWERS ACT" TO PROVIDE FOR DETECTION, PROTECTION, AND MANAGEMENT IN A PUBLIC HEALTH EMERGENCY, TO PROVIDE DEFINITIONS, TO PROVIDE SPECIAL EMERGENCY POWERS FOR DHEC AND THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROTECT INDIVIDUAL PERSONAL AND PROPERTY RIGHTS; TO AMEND SECTION 44-29-10, RELATING TO REPORTS TO DHEC, SO AS TO REQUIRE REPORTS FROM HEALTH PROVIDERS, CORONERS, MEDICAL EXAMINERS, PHARMACISTS, AND ANY PERSON WITH A PERTINENT DATABASE AND TO SPECIFY THE CONDITIONS GIVING RISE TO A PUBLIC HEALTH EMERGENCY INCLUDING DISEASE, INFECTION, AND TERRORISM; TO AMEND SECTION 44-93-40, RELATING TO DHEC POWERS IN CONNECTION WITH INFECTIOUS WASTE, SO AS TO PROVIDE FOR EXTRAORDINARY POWERS OF DISPOSAL DURING A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 7, TITLE 46, RELATING TO CLEMSON UNIVERSITY, BY ADDING SECTION 46-7-100 SO AS TO REQUIRE REPORTING OF ANIMAL DISEASE, INFECTION, AND TERRORISM BY A PERSON HAVING THE CARE OF ANIMALS; TO AMEND CHAPTER 9, TITLE 46, RELATING TO THE STATE CROP PEST COMMISSION, BY ADDING SECTION 46-9-120 SO AS TO REQUIRE REPORTING OF CROP DISEASE, PEST, AND TERRORISM BY A PERSON RESPONSIBLE FOR CROP PRODUCTION OR PROCESSING; TO AMEND SECTION 30-4-40, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FOI ACT, SO AS TO INCLUDE INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFF-SITE CONSEQUENCE ANALYSIS; TO AMEND CHAPTER 4, TITLE 30, RELATING TO THE FOI ACT, SO AS TO PROVIDE FOR REGULATION BY APPROPRIATE AGENCY DIRECTORS OF ACCESS TO INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFF-SITE CONSEQUENCE ANALYSIS SUBJECT TO FEDERAL LAW; TO AMEND SECTION 40-18-30, RELATING TO POWERS AND DUTIES OF SLED AS TO SECURITY BUSINESSES, SO AS TO PROVIDE THAT SLED FORWARD AN APPLICANT'S FINGERPRINT CARD TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONWIDE CRIMINAL CHECK; TO AMEND SECTION 40-18-15, RELATING TO A SECURITY BUSINESS LICENSE, SO AS TO DELETE A PRIVATE RIGHT OF ACTION AGAINST THE LICENSEE'S SURETY BOND; TO AMEND SECTION 40-18-70, RELATING TO A PRIVATE INVESTIGATION LICENSE, SO AS TO DELETE A PRIVATE CAUSE OF ACTION AGAINST THE LICENSEE'S SURETY BOND, TO PROVIDE FOR A LICENSEE WHO HAS MAINTAINED HIS LICENSE CONTINUALLY SINCE ITS INITIAL AWARD, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 40-18-100, RELATING TO A SECURITY WEAPONS PERMIT, SO AS TO REQUIRE THE SUBMISSION OF A FINGERPRINT CARD BY THE APPLICANT FOR A NATIONAL CRIMINAL RECORDS CHECK; TO AMEND SECTION 42-1-130, RELATING TO THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO INCLUDE A VOLUNTEER STATE CONSTABLE AS A STATE EMPLOYEE; TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO PROVIDE FOR APPROVED VOLUNTEER STATE CONSTABLES; TO AMEND SECTION 16-8-10, AS AMENDED, RELATING TO TEACHING THE USE OF OR THE CONSTRUCTION OF A DESTRUCTIVE DEVICE, SO AS TO CONFORM THE DEFINITION TO INCLUDE A WEAPON OF MASS DESTRUCTION; TO AMEND SECTION 56-5-5015, AS AMENDED, RELATING TO THE REGULATION OF SUNSCREEN DEVICES ON A MOTOR VEHICLE, SO AS TO CREATE AN EXCEPTION FOR A LAW ENFORCEMENT VEHICLE REGULARLY USED TO TRANSPORT A TRAINED DOG; TO AMEND CHAPTER 1, TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO CREATE THE FIRST RESPONDERS ADVISORY COMMITTEE TO STUDY AND REPORT ON THE NEEDS OF FIRST RESPONDERS TO EMERGENCIES; AND TO REPEAL SECTION 56-1-150 RELATING TO EXEMPTIONS FROM THE REQUIREMENT OF A PHOTOGRAPH ON A DRIVER'S LICENSE.
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(R429, H. 4429 (Word version)) -- Rep. Askins: AN ACT TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST, AND DELETE REFERENCES TO THE DEPUTY STATE ARCHAEOLOGIST FOR UNDERWATER; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
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(R430, H. 4583 (Word version)) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO ESTABLISH A TASK FORCE TO CONDUCT A COMPREHENSIVE REVIEW OF HEALTH INSURANCE MANDATES IN SOUTH CAROLINA AND TO ISSUE A FINAL REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 2005, AND UNTIL SUCH TIME AS THE TASK FORCE SUBMITS ITS FINAL REPORT, MANDATED HEALTH BENEFITS BEYOND THOSE REQUIRED AS OF JANUARY 1, 2002 MAY BE IMPOSED ONLY AFTER REVIEW BY THE TASK FORCE.
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(R431, H. 4676 (Word version)) -- Rep. Kelley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER, SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS, SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER, SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS, SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS, SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE, SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, ALL SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; AND TO AMEND SECTION 11-35-1524, RELATING TO THE RESIDENT VENDOR PREFERENCE IN CONNECTION WITH THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCEPT A SOLICITATION, BID, OFFER, OR PROCUREMENT OF A MOTOR VEHICLE.
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(R432, H. 4944 (Word version)) -- Rep. Sharpe: AN ACT TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION; TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO INSPECTION TAX AND TONNAGE REPORTS ON FERTILIZER, SO AS TO PROVIDE THAT REGISTRANTS OR GUARANTORS WHO DISTRIBUTE OR SELL COMMERCIAL FERTILIZER IN SOUTH CAROLINA SHALL PAY INSPECTION TAX TO THE DIVISION RATHER THAN THE STATE TREASURER; TO AMEND CHAPTER 45, TITLE 46, RELATING TO NUISANCE SUITS ARISING FROM AGRICULTURAL OPERATIONS, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE, THAT NO ESTABLISHED AGRICULTURAL FACILITY OR AGRICULTURAL OPERATION IS OR BECOMES A NUISANCE BY CHANGED CONDITIONS IN OR ABOUT THE FACILITY OR OPERATION; TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT "FARM TRUCK" INCLUDES A TRUCK TRANSPORTING FARM PROCESSED HORTICULTURAL PRODUCTS, INCLUDING SOIL AMENDMENTS AND MULCHES, OTHER THAN FIRST MARKET; TO AMEND SECTION 46-40-60, RELATING TO SCHEDULES FOR REMITTING ASSESSMENTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY SUSPEND GRAIN DEALERS' LICENSES ON FAILURE TO TIMELY REMIT CERTAIN PAYMENTS; TO AMEND SECTION 46-41-130, RELATING TO PROCEDURES FOR REFUSAL, SUSPENSION, OR REVOCATION OF LICENSES, SO AS TO INCLUDE SUSPENSIONS OR REVOCATIONS OF GRAIN DEALERS' LICENSES FOR FAILURE TO PAY CERTAIN ASSESSMENTS WITHIN THE PROVISIONS OF THIS SECTION; TO AMEND CHAPTER 7, TITLE 46, RELATING TO CLEMSON UNIVERSITY, BY ADDING SECTION 46-7-100 SO AS TO PROVIDE THAT CLEMSON UNIVERSITY, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SHALL CREATE A TRAINING AND CERTIFICATION PROGRAM FOR OWNERS OR OPERATORS OF CERTAIN ANIMAL FACILITIES, AND TO PROVIDE THAT OPERATORS OF ANIMAL FACILITIES AND WASTE UTILIZATION AREAS MUST BE TRAINED AND CERTIFIED ON THE OPERATION OF ANIMAL WASTE MANAGEMENT UNDER THE PROGRAM; TO AMEND SECTION 46-45-50, RELATING TO LIABILITY FOR POLLUTION AND FLOODING IN CERTAIN SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 46-45-70 DO NOT AFFECT OR DEFEAT THE RIGHT OF A PERSON TO RECOVER DAMAGES FOR ANY INJURIES OR DAMAGES SUSTAINED BY HIM BECAUSE OF POLLUTION OF, OR CHANGE IN CONDITION OF, THE WATERS OF A STREAM OR BECAUSE OF AN OVERFLOW ON HIS LANDS; AND TO REPEAL SECTION 59-119-130 OF THE 1976 CODE.
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(R433, H. 4981 (Word version)) -- Reps. Lourie and J.E. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO CREATE A FELONY OFFENSE FOR THEFT OF A CONTROLLED SUBSTANCE AND TO PROVIDE A PENALTY OF UP TO FIVE YEARS AND FIVE THOUSAND DOLLARS FOR A FIRST OFFENSE AND UP TO TEN YEARS AND TEN THOUSAND DOLLARS FOR A SUBSEQUENT OFFENSE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO ONLY AUTHORIZE PRESCRIBING A THIRTY-ONE DAY SUPPLY OF SCHEDULE II-V CONTROLLED SUBSTANCES, RATHER THAN ALSO AUTHORIZING PRESCRIPTIONS FOR UP TO ONE HUNDRED TWENTY DOSAGE UNITS, TO EXEMPT TRANSDERMAL PATCHES FROM THIS LIMITATION, AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A SCHEDULE II CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS, PROMULGATE REGULATIONS, AND EXEMPTIONS FROM CERTAIN HYPODERMIC NEEDLE SALES REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
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(R434, H. 5238 (Word version)) -- Rep. Hayes: AN ACT 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.
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(R435, H. 5239 (Word version)) -- Rep. Townsend: AN ACT TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.
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(R436, H. 5319 (Word version)) -- Reps. Taylor, Wilder and Carnell: AN ACT 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.
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At 1:15 P.M., on motion of Senator McCONNELL, the Senate receded from business until 3:00 P.M.
The Senate reassembled, at 3:05 P.M., and was called to order by the PRESIDENT Pro Tempore.
At 3:05 P.M., on motion of Senator MARTIN, the Senate receded from business until 3:30 P.M.
At 3:37 P.M., the Senate resumed.
At 3:37 P.M., Senator McCONNELL assumed the Chair.
At 3:38 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed fifteen minutes.
At 4:15 P.M., the Senate resumed.
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
On motion of Senator ALEXANDER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator ALEXANDER spoke on the report.
On motion of Senator ALEXANDER, the Report of the Committee of Conference to H. 5202 was adopted as follows:
The General Assembly, Columbia, S.C., June 4, 2002
The Committee of Conference, to whom was referred:
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE-COUNTY REGIONAL WATER AND SEWER AUTHORITY.
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 joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) There is established the Horry, Georgetown, and Williamsburg Counties Water and Sewer Study Committee composed of fifteen members. Five members must be appointed by the legislative delegations representing Horry, Georgetown, and Williamsburg Counties. In making the appointments, consideration should be given to appointing persons with knowledge and expertise in the delivery of water and sewer services in the three-county area.
(B) The committee shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and such other officers as the committee may consider necessary.
(C) The committee shall study:
(1) the issues associated with the delivery of water and sewer services to the users in Horry, Georgetown, and Williamsburg Counties;
(2) the problems confronting counties, municipalities, special purpose districts, and public service districts in Horry, Georgetown, and Williamsburg Counties in the delivery of water and sewer services which have resulted from rapid growth and development of recent years;
(3) all phases of the delivery of water and sewer services in the three-county area give adequate consideration to long-range planning in order to facilitate the orderly delivery of water and sewer services to the users in the three-county area; and
(4) the feasibility of establishing a regional water and sewer authority comprising the entities presently providing water and sewer services in Horry, Georgetown, and Williamsburg Counties.
(D) The committee shall make a report to the legislative delegations representing Horry, Georgetown, and Williamsburg Counties no later than March 1, 2003, at which time the committee shall dissolve.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Amend title to read.
/ A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE-COUNTY REGIONAL WATER AND SEWER AUTHORITY. /
/s/ Thomas C. Alexander /s/Vida O. Miller /s/ Luke A. Rankin /s/Liston D. Barfield /s/Arthur Ravenel, Jr. /s/ John J. "Bubber" Snow On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee.
Senator MARTIN asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar for consideration tomorrow.
H. 3009 (Word version) -- Reps. Campsen, Wilder, Altman, Davenport, Walker, Simrill, Meacham-Richardson, J. Young, McGee, Sandifer, Stille, Cotty, Harrison, Wilkins, McLeod and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
Senator FORD objected.
Senator ELLIOTT asked unanimous consent to make a motion to proceed to the Motion Period.
Senator MOORE objected.
Senator MARTIN moved that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. tomorrow.
There was no objection and the motion was adopted.
At 4:52 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed three minutes.
At 4:56 P.M., the Senate resumed.
S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator LEATHERMAN proposed the following amendment (830R001.HKL), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 39, by deleting SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
Having received a favorable report from the Aiken County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Aiken County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2002
Tracie Lynn Carroll, 1104 Hayne Avenue, Aiken, S.C. 29801
Initial Appointment, Aiken County Magistrate, with term to commence December 1, 2002, and to expire April 30, 2003
Sheridan Lee Lynn, Jr., 1115 Highview Ave., North Augusta, S.C. 29841
Initial Appointment, Aiken County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2003
Patrick Dorn Sullivan, 200 Main Street, Jackson, S.C. 29831 VICE Gail H. Shaw
Having received a favorable report from the Florence County Delegation, the following appointment was confirmed in open session:
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Taft Guiles, 1904 Grant Road, Pamplico, S.C. 29583
Having received a favorable report from the Oconee County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Oconee County Magistrate, with term to commence July 1, 2002, and to expire April 30, 2006
Blake A. Norton, 138 White Oak Street, Walhalla, S.C. 29691 VICE Dillard E. Medford
On motion of Senators BAUER and COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable William Youmans Edens, Sr. of Columbia, S.C.
At 5:05 P.M., on motion of Senator RAVENEL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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