Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we pray this morning in the words of an old Latin Hymn, 5th century, translated by Westendorf, born 1916. Sometimes, in such translations, to get words to rhyme... is difficult.
"With grateful joy and holy fear God's charity we learn. Let us with heart and mind and soul now love God in return.
Let strife among us be unknown; let all contentions cease. Be God's the glory that we seek; be God our only peace."
Father, just about this time this morning, in Florence, please give the hands of the surgeons and, by Your Power, bring success and healing to ED SALEEBY'S body and support to his family -- and return him to us -- in Your good time.
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:
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Andrew Scott Dudley, Jr., 12 Turtle Lane, Beaufort, S.C. 29202
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Joseph McDomick, Jr., P. O. Box 1271, St. Helena Island, S.C. 29920
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Rita A. Simmons, P. O. Box 22895, Hilton Head, S.C. 29925
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Darlene R. Smith, P. O. Box 4864, Beaufort, S.C. 29906
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Elizabeth E. Burch, 1515 East Jackson Road, Chesterfield, S.C. 29709
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Richard R. Lee, Rt. 1, Box 366-A, Cheraw, S.C. 29520
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Glenn C. Odom, P.O. Box 576, McBee, S.C. 29101
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ronnie L. Simpson, Sr., Rt. 1, Box 385, Patrick, S.C. 29584
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James H. Tilley, Rt. 2, Box 727, Cheraw, S.C. 29520
Senators FORD and KUHN introduced Dr. Jerry Reves of Charleston, S.C., Doctor of the Day.
At 11:22.M., Senator MARTIN assumed the Chair.
In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, and Senator DRUMMOND, PRESIDENT Pro Tempore Emeritus, presented a certificate and awarded a service pin to the following Senators for their respective years of state service:
50 years
Senator Don Holland
Senator Ed Saleeby
30 years
Senator J. Verne Smith
20 years
Senator Dick Elliott
10 years
Senator Robert Ford
Senator Greg Gregory
Senator Darrell Jackson
Senator William Mescher
Senator Luke Rankin
Senator Greg Ryberg
Senator Linda Short
Senator Bob Waldrep
In addition, Senators McCONNELL and DRUMMOND presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
30 years
Elizabeth Wilkins
Susan DeWitt
20 years
Janet Evans
Charles R. McGirt
Michael Shealy
10 years
Mitchell DeBruhl
All were highly commended for their years of devoted and loyal service.
On motion of Senators LEATHERMAN and DRUMMOND, the Privilege of the Chamber, to that area behind the rail was extended to Mr. Nic Church and his wife, Rhonda, upon the occasion of his retirement from the Senate.
The following Resolution was unanimously adopted:
S. 1322 (Word version) -- Senators Leatherman, Drummond, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO MR. NIC CHURCH OF BLYTHEWOOD IN RICHLAND COUNTY, SENIOR RESEARCH ANALYST ON THE STAFF OF THE SENATE FINANCE COMMITTEE, FOR HIS DISTINGUISHED PUBLIC SERVICE ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM GOOD HEALTH, HAPPINESS, AND SUCCESS IN HIS FUTURE ENDEAVORS.
Whereas, the members of the Senate have learned that Norwood Irvin "Nic" Church of Blythewood in Richland County will be leaving the employ of the Senate after June 2002; and
Whereas, Nic, a Columbia native, in childhood lived the life of a military family growing up in North Carolina, Texas, Virginia, and in Berlin, Germany, afterward earning his undergraduate degree at Tarleton State College in Texas and his master's degree in economics at the University of South Carolina; and
Whereas, since June 1998, Nic has served with distinction as a senior research analyst for the Senate Finance Committee, earning the respect and admiration of Senators and staff alike for his diligence, competence, and devotion to the many tasks of budget making and his knowledge and good advice on the public policy concerns that go into the budgetary process; and
Whereas, before his service with the Senate, Nic served ably in a variety of capacities in state service, most recently as Compliance Review Manager for the State Reorganization Commission, in a series of positions of growing responsibility with the Department of Youth Services and its predecessor agency, the Department of Juvenile Placement and Aftercare, as an internal auditor for the Department of Health and Environmental Control, and in his first term of state service beginning in 1972 as a fiscal analyst in the Office of the Governor; and
Whereas, in all of those positions he has performed admirably and his colleagues and coworkers have appreciated his combination of strong work ethic and good humor; and
Whereas, all who know Nic appreciate his creativity and skill with his hands, as he has worked as a residential contractor and has built three houses for himself and his dear wife, Rhonda; and
Whereas, Nic's "button-down" appearance belies a venturesome spirit evidenced by his taking a year off from work in 1978-1979 to sail the Caribbean and his attachment to "Scooter", a Yorkshire terrier poodle mix who, in Nic's eyes, can do no wrong and who on occasion has been known to visit the environs of the Senate; and
Whereas, it is appropriate for the members of the Senate to pause in their deliberations so that they may express their appreciation to Nic Church for his service to the Senate and the people of South Carolina and commend him for those qualities of mind and spirit that have made him an exemplar in the high calling of public service. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, express their appreciation to Mr. Nic Church of Blythewood in Richland County, Senior Research Analyst on the staff of the Senate Finance Committee, for his distinguished public service on the occasion of his retirement and wish him good health, happiness, and success in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Mr. Nic Church.
The following were introduced:
S. 1332 (Word version) -- Senators Moore, Setzler and Ryberg: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF DR. MARTIN HERBERT ZWERLING OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
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The Senate Resolution was adopted.
S. 1333 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-6-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS TO DEDUCTIONS PROVIDED IN THE INTERNAL REVENUE CODE FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REQUIRE AN ADDITION TO SOUTH CAROLINA TAXABLE INCOME FOR ANY AMOUNT DEDUCTED FOR FEDERAL INCOME TAX PURPOSES WITH RESPECT TO PROPERTY TRANSFERRED PURSUANT TO STOCK OPTIONS WHICH EXCEEDS THE AMOUNT THE TAXPAYER TREATED AS AN EXPENSE FOR THE PURPOSE OF ASCERTAINING INCOME, PROFIT, OR LOSS IN A REPORT OR STATEMENT TO SHAREHOLDERS, PARTNERS, OTHER PROPRIETORS, OR BENEFICIARIES AND TO REQUIRE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO PRESCRIBE PROCEDURES FOR THE APPLICATION OF THIS PROVISION WHERE THE STOCK OPTION IS GRANTED BY A PARENT OR SUBSIDIARY CORPORATION OF THE EMPLOYER CORPORATION.
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Read the first time and referred to the Committee on Finance.
S. 1334 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 12-6-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME OF NET CAPITAL GAIN, SO AS TO PROVIDE THAT A TAXPAYER WHO HAS A NET CAPITAL GAIN FROM A VENTURE CAPITAL INVESTMENT IN THIS STATE IS ALLOWED A ONE HUNDRED PERCENT DEDUCTION FROM ITS TAXABLE INCOME, AND TO DEFINE "VENTURE CAPITAL" AND "RESEARCH AND DEVELOPMENT".
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Senator RITCHIE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 1335 (Word version) -- Senator Ritchie: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 45 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR A CAPITAL GUARANTY TO A QUALIFIED INVESTOR FOR THE INVESTMENT OF CAPITAL IN EQUITY OR NEAR-EQUITY CAPITAL IN DEBT OR LOAN SECURITIES, TO CREATE THE SOUTH CAROLINA VENTURE CAPITAL FUND THROUGH THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY (AUTHORITY), TO PROVIDE FOR FUNDING OF ECONOMIC DEVELOPMENT PROJECTS REQUIRING CAPITAL INVESTMENT, TO PROVIDE THAT THE FUND BE MANAGED BY A PRIVATE, PROFESSIONAL INVESTMENT PANEL, TO DESIGNATE THE DISPOSITION AND USE OF THE FUNDS, TO PROVIDE FOR ELIGIBILITY REVIEWS OF AND AWARD PROCESSES TO APPLICANTS FOR FUNDING, TO PROVIDE FOR THE CAPITAL GUARANTY THROUGH THE AUTHORITY OF OBLIGATIONS ISSUED BY A QUALIFIED INVESTOR, AND TO PROVIDE FOR THE GOVERNANCE AND ACCOUNTABILITY OF THE SOUTH CAROLINA VENTURE CAPITAL FUND.
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Senator RITCHIE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 1336 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THOMAS HAMILTON COURTNEY OF HOLLYWOOD FOR HIS DEDICATION TO SCOUTING AND HIS ACHIEVING THE HIGHEST HONOR IN SCOUTING, THE EAGLE SCOUT AWARD, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1337 (Word version) -- Senators Leatherman, Matthews, McConnell, Peeler and J. Verne Smith: A SENATE RESOLUTION TO COMMEND AND THANK THE HONORABLE MARION P. CARNELL OF WARE SHOALS FOR HIS NEARLY FORTY YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND AS CHAIRMAN OF THE JOINT BOND REVIEW COMMITTEE AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 5384 (Word version) -- Reps. Harrison, Huggins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE, APPRECIATE, AND REMEMBER WITH DIGNITY AND RESPECT THE LIFE AND GOOD WORKS OF JAMES F. "JIM" HENDRIX, EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, TO CONVEY THAT THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA REALIZE TO THE FULLEST EXTENT THE LOSS SUSTAINED BY HIS FAMILY AND COUNTLESS FRIENDS, AND TO OFFER THIS HEARTFELT TESTIMONY OF TRIBUTE TO THE MEMORY OF OUR BELOVED FRIEND.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5393 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE COACHES AND PLAYERS OF THE NATIONALLY RANKED MEN'S VARSITY LACROSSE TEAM OF LIMESTONE COLLEGE OF GAFFNEY, FOR THEIR OUTSTANDING LACROSSE PROGRAM, TO CONGRATULATE THEM ON WINNING THE NCAA DIVISION II MEN'S NATIONAL LACROSSE CHAMPIONSHIP FOR 2002, THEIR SECOND NATIONAL LACROSSE CHAMPIONSHIP IN THREE YEARS, AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR FUTURE ACADEMIC AND ATHLETIC ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5394 (Word version) -- Reps. Neilson, J. Hines, Lucas, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP APPRECIATION AND SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE DARLINGTON COUNTY EMERGENCY MEDICAL SERVICES FOR THEIR HEROIC EFFORTS AND PROFESSIONAL EXPERTISE IN PROVIDING LIFE-SAVING ASSISTANCE TO REPRESENTATIVE DENNY NEILSON AT HER DEVASTATING ACCIDENT ON FEBRUARY 8, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5395 (Word version) -- Reps. Neilson, G. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST GRATITUDE AND SINCERE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BISHOPVILLE EMERGENCY MEDICAL SERVICES FOR THEIR PROFESSIONAL EXPERTISE IN ADMINISTERING LIFE-SAVING ASSISTANCE TO REPRESENTATIVE DENNY NEILSON AT HER DEVASTATING ACCIDENT ON FEBRUARY 8, 2001.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5396 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION COMMENDING ROLAND "ROCKY" GANNON FOR BEING SELECTED BY THE SOUTH CAROLINA AVIATION ASSOCIATION AS THE 2002 AVIATOR OF THE YEAR AND CONGRATULATING HIM ON BEING INDUCTED INTO THE SOUTH CAROLINA AVIATION HALL OF FAME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5397 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND THANK THE HONORABLE MARION P. CARNELL OF WARE SHOALS FOR HIS NEARLY FORTY YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5398 (Word version) -- Reps. Askins, Scarborough, Allen, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE FIREFIGHTERS OF NEW YORK CITY'S ENGINE COMPANY 53 AND LADDER COMPANY 43 FOR THEIR COURAGEOUS EFFORTS DURING THE TERRORIST ATTACKS OF SEPTEMBER 11 AND TO THANK THEM FOR THE HOSPITALITY THEY HAVE SHOWN TO OFFICIALS OF THE PALMETTO STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5402 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND COLONEL DAVID H. "DAVE" BRUNJES FOR HIS NEARLY THIRTY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A COMMISSIONED OFFICER IN BOTH THE UNITED STATES ARMY AND THE UNITED STATES ARMY RESERVE, AND TO CONGRATULATE HIM FOR HIS SUCCESSFUL TENURE AS COMMANDER OF THE 12TH LEGAL SUPPORT ORGANIZATION, FORT JACKSON, SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5409 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND DR. TOM ABBOTT FOR HIS OUTSTANDING PERFORMANCE AS PRINCIPAL OF COWPENS ELEMENTARY SCHOOL AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1008 (Word version) -- Senators Richardson and Pinckney: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY TO THE GOVERNING BODY OF BEAUFORT COUNTY AND TO PROVIDE EXCEPTIONS.
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 PINCKNEY proposed the following amendment (1008R001.SHR), which was adopted:
Amend the bill, as and if amended, page 2, SECTION 1(B), by adding an appropriately numbered subsection to read:
/ ( ) the county Veterans Affairs officer as provided in Section 25-11-40. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Easterday, Coleman and Sinclair to the Committee of Free Conference on the part of the House on:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. R. Smith, Vaughn and McCraw to the Committee of Conference on the part of the House on:
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Very respectfully,
Speaker of the House
Received as information.
H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.
The House returned the Bill with amendments.
On motion of Senator MOORE, 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.
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, 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.
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.
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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.
asks for a Committee of Conference, and has appointed Reps. Campsen, Kirsh and Perry to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
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.
Whereupon, Senators HUTTO, ALEXANDER and HAYES were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING AND AMENDING CERTAIN SECTIONS IN TITLE 7 RELATED TO ELECTION PROCEDURES. (ABBREVIATED TITLE)
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
S. 1308 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 85 IN CHEROKEE COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 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.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.
Senator HUTTO explained the Bill.
H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SECTION 15-51-42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE WHEN THE ADMINISTRATION OF AN ESTATE IS FINAL EXCEPT FOR A PENDING SURVIVAL ACTION, THE COURT MAY ISSUE A SPECIAL ORDER PROVIDING THAT NO ACCOUNTINGS ARE REQUIRED UNTIL THE SURVIVAL ACTION IS SETTLED OR VERDICT RENDERED IN A TRIAL; TO AMEND SECTIONS 20-7-150 AND 20-7-180, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS; TO AMEND SECTION 20-7-190, RELATING TO THE CUSTODIAN'S EXPENSES, BONDS, AND LIABILITY, SO AS TO PROVIDE THAT A CUSTODIAN MAY RECEIVE REASONABLE COMPENSATION FROM THE CUSTODIAL PROPERTY FOR HIS SERVICES BASED UPON A PROVISION OF LAW APPLICABLE TO GUARDIANS AND CONSERVATORS; TO AMEND SECTION 20-7-210, RELATING TO DESIGNATION OF A SUCCESSOR CUSTODIAN, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO PROVIDE IF ALL THE JOINT TENANTS JOIN IN AN ENCUMBRANCE, THE INTEREST IN THE REAL ESTATE IS ENCUMBERED; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; TO AMEND SECTION 62-5-501, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; BY ADDING SECTION 62-7-113, SO AS TO PROVIDE AN ANTI-LAPSE PROVISION FOR REVOCABLE INTER VIVOS TRUSTS; AND BY ADDING SECTION 62-7-1134, SO AS TO TO PROVIDE FOR REVOCATION OF A REVOCABLE INTER VIVOS TRUST BY DIVORCE, ANNULMENT, AND ORDER TERMINATING MARITAL PROPERTY RIGHTS.
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following Amendment No. 1 (PT\ 1065ZCW02), which was adopted:
Amend the bill, as and if amended, by adding an appropropriately numbered SECTION to read:
/ SECTION ___. A. Section 8-21-310 of the 1976 Code is amended to read:
"Section 8-21-310. Except as otherwise expressly provided, the following fees and costs must be collected on a uniform basis in each county by clerks of court and registers of deeds or county treasurers as may be determined by the governing body of the county:
(1) for recording a deed to or a mortgage on real estate, ten dollars; and an additional one dollar a page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;
(2) for recording a chattel mortgage, conditional sale contract, lease or contract of sale of personal property, and any other document required to be recorded under the Uniform Commercial Code (Title 36), the fees provided in Title 36;
(3) for recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to in the instrument and an additional one dollar for each page for any instrument exceeding one page;
(4) for recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not otherwise provided for in this section, ten dollars, and an additional one dollar a page for a document containing more than four pages;
(5) for recording satisfaction on the record of a mortgage of real estate or a chattel mortgage or other recorded lien, and certifying the entry on the original or a copy, five dollars;
(6) for recording separate probates, affidavits, or certificates which are not part of or attached to another document to be recorded, five ten dollars;
(7) for recording a plat larger than eight and one-half by fourteen inches, ten dollars; for plats of 'legal size' dimensions, or smaller, five dollars;
(8) for recording decree of foreclosure or partition of real property in mortgage book or deed book, the same fee as for recording deed or mortgage of real estate;
(9) for recording any other paper affecting title or possession of real estate or personal property and required by law to be recorded, except judicial records, ten dollars, and an additional one dollar a page for a document containing more than four pages;
(10) for filing power of attorney, trustee qualification, or other appointment, ten fifteen dollars, and an additional one dollar a page for a document containing more than four pages;
(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy one hundred dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment.
(b) for filing, recording, and indexing lis pendens when not accompanied by summons and complaint, five ten dollars;
(c) for receiving and enrolling transcripts of judgment from magistrates' courts and federal district courts, five ten dollars;
(d) for filing and enrolling a judgment by confession, five ten dollars;
(12) no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;
(13) for taking and filing an order for bail with or without bond, one dollar; with bond when surety must be justified, five ten dollars;
(14) for taking and filing bond or security costs, one dollar; with bond when surety must be justified, five ten dollars;
(15) for filing or recording any commission of notary public or other public office, license or permit to practice any profession or trade, notice of formation or dissolution of any partnership, two five dollars;
(16) for filing the charter of any public or private corporation or association required by law to be recorded, ten dollars, and an additional one dollar a page for any such document containing more than four pages;
(17) for issuing an official certificate under seal of court not otherwise specified in this section, one dollar;
(18) for holding a hearing for condemnation proceedings, twenty-five dollars a day;
(19) for filing notice of discharge in bankruptcy, ten fifteen dollars;
(20) for filing and enrolling and satisfaction of South Carolina and United States Government tax liens:
(a) for filing and enrolling and satisfying executions or warrants for distraint for the South Carolina Employment Security Commission, the South Carolina Department of Revenue, or any other state agency, where costs of the executions or warrants for distraint are chargeable to the persons against whom such executions or warrants for distraint are issued, five ten dollars;
(b) for filing and enrolling and satisfying any tax lien of any agency of the United States Government, where the costs of the executions are chargeable to the persons against whom such executions are issued, five ten dollars.
(21) for filing and processing an order for the Destruction of Arrest Records, thirty-five dollars, which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program.
(22) for filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, fifty-five one hundred dollars.
The clerk shall mark satisfied upon receipt of the fees provided in this item any tax lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly signed by an authorized officer of any agency of this State or the United States to the effect that the execution or warrant for distraint has been paid and satisfied."
B. The 1976 Code is amended by adding:
"Section 14-1-203. The revenue from the fee set in Section 20-7-1440(C) must be remitted to the county in which the proceeding is instituted. Forty-four percent of the revenues must be remitted monthly by the fifteenth day of each month to the State Treasurer on forms in a manner prescribed by him. When payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the County Treasurer on a monthly basis. The forty-four percent remitted to the State Treasurer must be deposited as follows:
(1) 43.76 percent to the general fund;
(2) 10.04 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 6.20 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and
(4) 40.00 percent to the South Carolina Judicial Department."
C. Section 14-1-204 of the 1976 Code is amended to read:
"Section 14-1-204. The seventy one hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.
The fifty-six percent of the seventy one hundred dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:
(1) 45.03 31.52 percent to the state general fund;
(2) 10.33 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 6.38 4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and
(4) 38.26 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and
(5) 30.00 percent to the South Carolina Judicial Department."
D. Section 20-7-1440(C) of the 1976 Code is amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203."
E. Section 36-9-525(a) of the 1976 Code, as added by Act 67 of 2001, is further amended to read:
"(a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus: (1) eight dollars if the record is communicated in writing and consists of one or two pages;
(2) ten dollars if the record is communicated in writing and consists of more than two pages; and
(3) ten dollars if the record is communicated by another medium authorized by filing-office rule two dollars for the first page and one dollar each additional page."
F. Section 38-53-70 of the 1976 Code is amended to read:
"Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty days of the issuance of the bench warrant, the bond shall be forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months; however, the surety must pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety shall be is relieved of any further liability."
G. The 1976 Code is amended by adding:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department."
H. Notwithstanding the general effective date of this act, this SECTION takes effect July 1, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. 2 (GGS\ 22631CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Section 16-25-70 of the 1976 Code is amended to read:
"Section 16-25-70. (A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department law enforcement agency.
(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department law enforcement agency.
(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member.
(D) If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall must consider:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;
(3) the likelihood of future injury to each person;
(4) whether one of the persons acted in self-defense; and
(5) household member accounts regarding the history of domestic violence.
(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement by a party.
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.
(G) When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.
(H) No evidence other than evidence of violations of this article found as a result of a warrantless search is admissible in a court of law. Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:
(1) if it is found:
(a) in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or
(b) pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or
(2) if it is evidence of a violation of this article.
An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.
Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.
(I) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators RITCHIE and HUTTO proposed the following amendment (JUD5259.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-60. (A) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document, any homeowner or tenant may display one portable, removable United States flag in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended, on the premises of the property of which he is entitled to use.
(B)(1) No homeowners' association document may preclude the display of one portable, removable United States flag by homeowners. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(2) No restrictive covenant in a deed may preclude the display of one portable, removable United States flag on the property. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(3) No rental agreement, lease, or contract may preclude the display of one portable, removable United States flag on the premises of any tenant. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(C) For purposes of this section:
(1) 'homeowner' means a person who holds title to real property, in fee simple or otherwise, including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a co-owner under a horizontal property regime;
(2) 'homeowners' association' has the same meaning as provided in Section 12-43-230;
(3) 'homeowners' association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their property; and
(4) 'tenant' means any tenant under a rental agreement executed pursuant to Chapter 40, Title 27, any tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any tenant under a vacation time sharing plan, any tenant under a horizontal property regime, and any person who leases commercial or residential real property under a contractual agreement."
SECTION 2. This act takes effect upon approval by the Governor and applies retroactively regardless of the date of adoption of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 2 (SWB\5447ZCW02) proposed by Senator KUHN and previously printed in the Journal of Wednesday, May 29, 2002.
On motion of Senator RITCHIE, with unanimous consent, Amendment No. 2 was carried over.
Senator HUTTO proposed the following Amendment No. 3 (JUD3668.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:
"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:
(i) a law enforcement agency, for official use only;
(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or
(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."
SECTION 2. The 1976 Code is amended by adding:
"Section 17-5-535. (A) Photographs or videos of and incidental to the performance of an autopsy shall only be viewed by:
(1) the coroner and/or the medical examiner, and their deputies;
(2) a law enforcement agency, for official use only;
(3) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(4) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(5) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; and
(6) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate.
These photographs and videos must be released and disseminated only as authorized by this section.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than fifty thousand dollars. Each violation under this section must be considered a separate offense."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator KUHN proposed the following Amendment No. 2 (SWB\ 5447ZCW02), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 30-2-30 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-30. For purposes of this act, the following terms have the following meanings:
(1) 'Personal information' means information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports.
'Personal information' does not mean information about boating accidents, vehicular accidents, driving violations, boating violations, or driver status.
(2) 'Legitimate public purpose' means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.
(3) 'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities sponsored by not-for-profit professional associations;
(c) selling or marketing real property, banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or
(d) contacting persons for political purposes using information on file with state or local voter registration offices.;
(e) contacting persons for charitable contributions; or
(f) a sale of a service or good which is not completed until after a face-to-face presentation.
(4) 'Medical information' includes, but is not limited to, blood samples and test results obtained and kept by the Department of Health and Environmental Control pursuant to Section 44-37-30."
SECTION __. Section 30-2-50 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-50. (A) A person or private entity shall not knowingly obtain or use any personal information obtained from a public body any state agency for commercial solicitation directed to any person in this State.
(B) Every public body state agency shall provide a notice to all requestors of records under this chapter and to all persons who obtain records under this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
(E) This chapter does not apply to any local governmental entity or to any subdivision of the state or local government."/
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator RICHARDSON moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4654 (Word version) -- Reps. Delleney, G.M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson, Wilkins and Campsen: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-70 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY RELATED CRIMES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following Amendment No. 1 (JUD4654.005), which was adopted, subsequently reconsidered and withdrawn:
Amend the bill, as and if amended, page 1, after line 27, by adding appropriately numbered new SECTIONS to read:
/ SECTION __. Section 59-150-130(G), as added by Act 59 of 2001, is amended to read:
"(G) A lottery vendor must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and a lottery vendor must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the lottery vendor for the purpose of influencing a political decision in connection with the operation of the lottery."
SECTION __. Section 59-150-130(I) is amended to read:
"(I)(1) The prohibitions and restrictions described in item (A)(7) and subsections subsection (F) and (G) specifically apply to a lottery vendor as defined in Section 59-150-20(9) and its employees, members of its board, and holders of an interest in it of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6) employees of a lottery vendor, as defined in Section 59-150-20(9), who are directly involved in providing the goods or services that are the subject of the procurement contract with the commission, and their immediate family members, as defined in Section 59-150-20(6).
(2) The prohibitions and restrictions described in subsection (G) specifically apply to a lottery vendor, as defined in Section 59-150-20(9), its employees, members of its board, and holders of an interest in the lottery vendor of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6). /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
Senators McCONNELL and RICHARDSON proposed the following Amendment No. 2 (JUD4654.006), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 21, by striking SECTION 1 and inserting therein the following:
/ SECTION 1. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-70. SLED must compile annual statistics on lottery-related crimes. When compiled, the annual statistics on lottery-related crimes must be published or made readily available to the general public by January fifteenth of each year. For purposes of this section, 'lottery-related crime' means an offense that is or results from a violation of this chapter or that involves the larceny or robbery of lottery tickets or shares." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
Senator RICHARDSON asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby the Bill was given a third reading.
There was no objection and third reading was reconsidered.
Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby Amendment No. 1 was adopted.
There was no objection and the adoption of Amendment No. 1 was reconsidered.
On motion of Senator RICHARDSON, Amendment No. 1 was withdrawn.
On motion of Senator RICHARDSON, the Bill was carried over.
H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following amendment (5256R001.SHR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. Notwithstanding the provisions of Section 1(A) of Act 589 of 1986, as amended by Act 583 of 1992:
(A) At the year 2002 general election, one member must be elected from District 4 to an initial term of two years and until a successor is elected and qualified as provided by Act 589 of 1986, as amended; and
(B) At the year 2002 general election and thereafter, the District 11 member must be elected at the same time as the members from Districts 1, 2, 5, 7, 8, and 9." /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS proposed the following amendment (BBM\9248HTC02), which was adopted:
Amend the bill, as and if amended, in Section 39-15-1190, as contained in SECTION 1, page 5, by adding an appropriately lettered subsection to read:
/ "( ) The provisions of this section do not apply to persons who own, rent, or manage premises occupied by retailers, unless it is proven that such persons had actual knowledge of and actively participated in a violation under this section." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
Senator FAIR asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3049.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 27, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 17-24-40 of the 1976 Code is amended to read:
"Section 17-24-40. (A) In the event a verdict of 'not guilty by reason of insanity' is returned, the trial judge shall must order the defendant person who was the defendant committed to the South Carolina State Hospital for a period not to exceed one hundred twenty days. During that time, an examination shall must be made of the defendant person to determine the need for hospitalization of the defendant person pursuant to the standards set forth in Section 44-17-580 of the 1976 Code.
(B) A report of the findings shall must be made to the chief administrative judge of the circuit in which the trial was held, the solicitor, the defendant person, and the defendant's person's attorney.
(C)(1) Within fifteen days after receipt of this report by the court, the chief administrative judge of the circuit in which the trial was held shall must hold a hearing to decide whether the defendant person should be hospitalized pursuant to the standard of Section 44-17-580 of the 1976 Code.
(2)(a) If the chief administrative judge finds the defendant person not to be in need of hospitalization, he the judge may order the defendant person released upon such terms or conditions, if any, as he shall deem the judge considers appropriate for the safety of the community and the well-being of the defendant person.
(b) In the event the chief administrative judge finds the defendant person to be in need of hospitalization, he shall the judge must order him the person committed to the South Carolina State Hospital.
(c) If at a later date it is determined by officials of the State Hospital that the defendant person is no longer in need of hospitalization, they shall the officials must notify the chief administrative judge, the solicitor, the defendant person, and the defendant's person's attorney. Within twenty-one days after the receipt of this notice, the chief administrative judge, upon notice to all parties, shall must hold a hearing to determine whether the defendant person is in need of continued hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code. If the finding of the court is that the defendant person is in need of continued hospitalization, it shall the court must order his continued confinement. If it's the court's finding is that the defendant person is not in need of continued hospitalization, it may order the defendant person released upon such terms and conditions, if any, as the chief administrative judge shall deem considers appropriate for the safety of the community and the well-being of the defendant person.
(D) Any terms and conditions imposed by the chief administrative judge shall must be therapeutic in nature, not punitive. Therapeutic terms shall must include, but not be limited to, requirements that the defendant person:
(1) continue taking medication for an indefinite time and verify in writing the use of medication;
(2) receive periodic examinations and reviews by psychiatric personnel; and
(3) report periodically to the probation office for an evaluation of his reaction to his environment and his general welfare.
(E) The chief administrative judge of the circuit in which the trial was held shall at all times have has jurisdiction over the defendant person for the purposes of this chapter.
(F) If a person is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and in the physical presence of the person at all times. For purposes of this section, a violent crime includes those offenses described in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator WALDREP proposed the following amendment (NBD\11872AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 5, Title 47 of the 1976 Code is amended to read:
Rabies Control
Section 47-5-10. This chapter may be referred to as the 'Rabies Control Act'.
Section 47-5-20. Whenever As used in this chapter, unless a contrary intention is clearly evident, the following terms shall be interpreted as herein defined:
(1) The term "pet" shall mean only domesticated species of carnivores.
(2) The term "owner" shall mean and include any person who (a) has a right of property in a pet, (b) keeps or harbors a pet or who has it in his care or acts as its custodian, or (c) permits a pet to remain on or about any premises occupied by him.
(3) The term "inoculation against rabies" shall mean the injection, subcutaneously, intramuscularly or otherwise, of antirabic vaccine as approved by the Department of Health and Environmental Control and by the United States Department of Agriculture - Veterinary Biologics Division.
(4) The term "rabies control officer" shall mean any person appointed for the control of rabies with the approval of the State Health Officer under the provisions of this chapter.
(1) 'Carnivore' means a flesh-eating animal and includes those animals known to be reservoirs of rabies including, but not limited to, raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, wolf dogs, weasels, civet cats, spotted skunks, and lynx or the offspring born to any combinations of crossbreeding between these wild animals and domestic dogs or cats.
(2) 'Department' means the South Carolina Department of Health and Environmental Control, including county health departments.
(3) 'Domesticated animal' means owned or stray cats, dogs, and ferrets or other animals for which there exists a rabies vaccine approved by the department and licensed by the United States Department of Agriculture.
(4) 'Inoculation against rabies' means the injection, subcutaneously, intramuscularly, or otherwise, of antirabic vaccine as approved by the department and by the United States Department of Agriculture.
(5) 'Licensed veterinarian' means a person licensed by law to practice veterinary medicine in this State.
(6) 'Owner' means any person who:
(a) has a right of property in a pet;
(b) keeps or harbors a pet or who has it in his care or acts as its custodian; or
(c) permits a pet to remain on or about any premises occupied by him.
(7) 'Pet' means only domesticated cats, dogs, and ferrets.
(8) 'Quarantine' means a prescribed, restricted confinement of a pet or other animal up to and including a state of enforced isolation. The quarantine is for the purpose of observation of the animal for signs or symptoms, or both, of rabies and for the prevention of potential rabies transmission by the animal to a person, other pets, or other animals. The location, conditions, and length of the quarantine must be prescribed by the department.
Section 47-5-30. The department of Health and Environmental Control may employ a licensed doctor of veterinary medicine to serve as public health veterinarian of the department of Health and Environmental Control. He shall aid county health departments and rabies control officers in the administration and enforcement of the provisions of this chapter, including the supervision of forms of certificates and tags to effectuate the inoculation program herein provided. He shall aid in the preparation of literature describing the symptoms of rabies and preventive measures to be taken against the spread of rabies, such information to be distributed to pet owners at the time of inoculation of animals, and shall otherwise promote efficiency in the program of inoculation and rabies control herein provided. In addition to the above, he the duties as public health veterinarian, this person shall aid administratively in the prevention and control of all diseases communicable from animal to man which may become prevalent in this State and in combating such disease these diseases, in cooperation with the Department of Natural Resources, the extension service of Clemson University, and any other state or federal agencies engaged in similar efforts to combat diseases communicable from animal to man.
Section 47-5-40. For the purpose of providing proper enforcement of the provisions of this chapter, each county board of health shall act as, or appoint annually on or before July first, a licensed graduate veterinarian or other properly qualified person who shall be known as rabies control officer. In those counties in which there is no county board of health, such appointment shall be made by the Department of Health and Environmental Control. Such additional personnel may be appointed and assigned as is deemed necessary. The rabies control officer shall be subject to all rules and regulations for a merit system of personnel administration. The enforcement of the provisions of this chapter must be carried out under the direct supervision of the department. It is unlawful for anyone to obstruct or interfere with the authorized representative of the department as he carries out the provisions of this chapter.
Section 47-5-50.(A) No carnivores, which normally are not domesticated, may be sold as pets in this State. The carnivores include animals known to be reservoirs of rabies such as raccoons, foxes, skunks, and bobcats and related species including, but not limited to, coyotes, wolves, weasels, civet cats, spotted skunks, and lynx. An animal provided for in this section and kept A carnivore kept by an individual must not be allowed to run at large and then returned to confinement. A normally wild animal indigenous to this State, if held captive for a period of time, may be released to the wild. This section does not apply to domesticated ferrets. However, no ferret may be sold in this State without proper and current vaccination against rabies. Evidence of rabies vaccination is a certificate signed by a licensed veterinarian. A person who purchases or possesses a domesticated ferret shall maintain proper vaccination treatment for it annually.
(B) Purchasers of a domesticated ferret must be provided with a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.
(C) Each business establishment in this State, to which has been issued a retail sales tax license, which offers ferrets for sale must prominently display a notice not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high:
'FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING'.
(D) This section does not apply to the sale, purchase, donation, or transfer of ownership of carnivores between publicly-owned zoos or animal dealers located in this State and licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act on the effective date of this chapter. These exemptions do not allow for the sale, purchase, donation, or transfer of ownership to private individuals in this State. Any public display, showing, or exhibition of wild carnivores, primates, or any other animals for which a USDA licensed rabies vaccine does not exist are allowed only when these displays, showings, or exhibitions prevent any possible contact by these animals with the members of the general public.
Section 47-5-60. A pet owner must have it its pet inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department and licensed by the United States Department of Agriculture Veterinary Biologics Division. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued. Annually before February first, the veterinarian shall report to the department the number of animals inoculated against rabies during the preceding year. The department, in conjunction with licensed veterinarians, shall promote annual rabies clinics. The fee for rabies inoculation at these clinics may not exceed three dollars, including the cost of the vaccine, and this charge must be paid by the pet owner. Fees collected by veterinarians at these clinics are their compensation.
Section 47-5-80. Whenever a pet or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies the owner of the animal or any person having knowledge thereof shall forthwith notify the county health department in the county in which the animal is located, stating precisely where the animal may be found. A pet owner or any other person shall notify the county health department if:
(1) a pet or other animal is affected by rabies;
(2) a pet or other animal is suspected of having rabies; or
(3) a pet has been attacked or bitten by a domesticated or wild animal known or suspected of being affected by rabies.
This notice must include the location where the pet or other animal was last seen or where it may possibly be found, or both.
Section 47-5-90. Every physician after his first professional attendance upon a person bitten by a pet or other animal shall within twelve hours by the end of the next working day report the bite to the county health department and the name, age, sex, color and precise location weight, address, and telephone number of the person so bitten and, when. If no physician attends, the parent or guardian of every child so bitten shall, within twelve hours after first having knowledge that the child was so bitten, make a like report to the county health department. When no physician attends an adult so bitten such adult or the person caring for him shall make a like report to the county health department. to the bite, it is the responsibility of the bitten adult or the parent or guardian of a bitten minor child to report the bite by the end of the next working day, to the county health department.
Section 47-5-100. The county health department shall serve notice upon the owner of a dog or, cat, or ferret which has attacked or bitten a person to confine quarantine the animal at the expense of the owner upon his premises or at a county pound an animal shelter or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement quarantine, to determine if the animal shows symptoms of rabies. No person may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The department of Health and Environmental Control shall serve notice upon the owner of an animal other than a dog or, cat, or ferret when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice.
Section 47-5-110. The county health department shall serve a notice in writing upon the owner of a pet or other animal known to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner to confine such animal for a period of not less than six months, except that animals properly treated with antirabic vaccine shall be confined for a period of not less than three months. The county health department shall serve a written notice to the owner of a pet that has been bitten by or otherwise exposed to any animal affected or suspected of being affected by rabies. The notice must require the owner to have a currently inoculated pet revaccinated immediately and to quarantine the pet for a period of not less than forty-five days. An uninoculated pet must be quarantined for a period of not less than one hundred eighty days. The uninoculated pet must be inoculated after one hundred fifty days of the quarantine period and released from quarantine thirty days after that if no sign of rabies is observed.
Section 47-5-120. Whenever the county board of health or the county health department has reason to believe, or has been notified by the Department of Health and Environmental Control, that there is danger that rabies may spread within that county, such board or department shall serve public notice by publication in a newspaper of general circulation in such county, requiring the owners of pets and other animals to confine such pets or other animals for such period as may be necessary to prevent the spread of rabies in such county. And when it shall be deemed advisable in the interest of public safety, the Department of Health and Environmental Control may order the inoculation against rabies of all pets or other animals so confined, whether or not such animal has been previously inoculated under the provisions of this chapter, and the Department of Health and Environmental Control shall aid the county health department in the execution of such emergency inoculations. When there is a danger of rabies spread in a community, and it is necessary in the interest of the public's health and safety, the commissioner of the department or his designee, may issue an order to include the general quarantine or immediate inoculation, or both, of pets against rabies within the affected community, whether or not these pets have been previously inoculated. The order may require that efforts to reduce the stray and feral animal population be undertaken.
Section 47-5-150. When it considers necessary, The department shall furnish must ensure the availability of antirabic (human) vaccine and globulin products to the physician attendant upon for persons bitten by or otherwise exposed to a pet or other animal found or suspected to be affected by rabies. If the department considers it necessary to provide antirabic (human) vaccine to the persons bitten or otherwise exposed to a pet suspected of or having rabies that has not been vaccinated, the pet owner shall reimburse the department for the cost of the vaccine. Reimbursement is due the department within thirty days after billing. The provision of such products shall be in accordance with departmental guidelines. The department is authorized to seek reimbursement for the cost of such products from sources to include, but not limited to, personal/medical insurance and/or Medicaid/Medicare coverage of the person receiving the products.
Section 47-5-180. The department shall enforce this chapter. The sheriff and his deputies, the police officers in each incorporated municipality, and animal control officials in each county and municipality shall assist and cooperate with the county health department in enforcing this chapter.
Section 47-5-190. The county health departments, the county rabies control officers, their assistants, the department of Health and Environmental Control, the public health veterinarian or anyone enforcing the provisions of this chapter shall are not be held responsible for any accident or subsequent disease that may occur in connection with the inoculation of any animal as herein provided in this chapter.
Section 47-5-200. Any A person refusing to comply with the provisions of this chapter or violating any of the provisions hereof shall be of this chapter is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned not more than thirty days, for each offense punished up to the maximum penalties that may be imposed in magistrate's court.
Section 47-5-210. Nothing in this chapter shall may be construed to limit the power of any municipality political subdivision within the State to prohibit pets from running at large, whether or not they have been inoculated as herein provided in this chapter; nor shall anything in this chapter may not be construed to limit the power of any municipality political subdivision to regulate and control further in such municipality and to enforce other and additional measures for the restriction and control of rabies."
SECTION 2. This act takes effect upon approval by the Governor./
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 read the second time with notice of general amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 5321 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.
Senator BAUER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator BAUER asked unanimous consent to give the Bill a second reading.
There was no objection and the Bill was read the second time.
On motion of Senator BAUER, H. 5321 was ordered to receive a third reading on Thursday, June 6, 2002.
H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Senator KNOTTS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS proposed the following Amendment No. 1 (NBD\ 11852AC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _. Section 59-111-110 of the 1976 Code, as last amended by Act 281 of 2000, is amended to read:
"Section 59-111-110. No tuition may be charged for a period of four school years by any state-supported college or university or any state-supported vocational or technical school for children or spouses, if married to a person employed by or in the service of a South Carolina governmental entity or a South Carolina organization at the time of disability or death and if not remarried in the case of death, of:
(1) firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law enforcement officers, or corrections officers, as defined herein, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in the line of duty on or after July 1, 1964;
(2) government employees who become totally disabled or are killed in the line of duty while working on state time on or after July 1, 1996, as a result of a criminal act committed against them which constitutes a felony under the laws of this State.
The tuition authorized to be paid by this section applies only to undergraduate courses or curriculum at a state-supported South Carolina college or university or vocational or technical school and may be paid for a period not exceeding four years, regardless of the number of state-supported colleges, universities, or state-supported vocational or technical schools the child or spouse attends."/
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator J. VERNE SMITH objected to further consideration of the Bill.
H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
Senator MARTIN objected.
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.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G.M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.
Senator LEVENTIS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator LEVENTIS proposed the following Amendment No. 1 (3423LEVENTIS), which was adopted:
Amend the concurrent resolution, as and if amended, page 2, line 22, after the word / vehicle./ by inserting:
/ The special identification card shall be issued to the applicant as long as the applicant presents one of the following:
a birth certificate; a valid South Carolina driver's license; a valid U.S. Certificate of Naturalization; a valid passport; or, any other evidence acceptable to the department. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
On motion of Senator LEVENTIS, the Concurrent Resolution was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
At 12:13 P.M., on motion of Senator LEATHERMAN, the Senate receded from business subject to the Call of the Chair.
Senator MARTIN asked unanimous consent to make a motion that the Senate recur to the Morning Hour.
There was no objection and the Senate recurred to the Morning Hour.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden Veto #5 by the Governor on R.373, H. 4878 by a vote of 78 to 38:
Veto #5. General & Temporary, Page 434, Section 72.98, Item "Due to unanticipated costs associated with the legal defense of reapportionment legislation and other civil litigation and the resulting impact on the budgets of the House and the Senate, the Budget and Control Board is directed to transfer the amount of $1.3 million from board reserve accounts to A01 Senate reserve account and the amount of $1.3 million from board reserve accounts to A05 House revenue reserve account. The Comptroller General shall establish expenditure authorization for the amount transferred."
Very respectfully,
Speaker
Received as information.
Veto #5 by the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto by the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
By a division vote of 30-12, Veto #5 was overridden.
The necessary two-thirds vote having been received, Veto #5 by the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden Veto #3 by the Governor on R.373, H. 4878 by a vote of 78 to 36:
Veto #3. House of Representatives, Page 228, Section 54B, Item "Other Operating Expenses General Funds $2,556,675."
Very respectfully,
Speaker
Received as information.
Veto #3 by the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto by the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
By a division vote of 31-12, Veto #3 was overridden.
The necessary two-thirds vote having been received, Veto #3 by the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden Veto #4 by the Governor on R.373, H. 4878 by a vote of 82 to 33:
Veto #4. The Senate, Page 227, Section 54A, Item "Other Operating Expenses General Funds $1,920,848."
Very respectfully,
Speaker
Received as information.
Veto #4 by the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto by the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
By a division vote of 30-12, Veto #4 was overridden.
The necessary two-thirds vote having been received, Veto #4 by the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden Veto #7 by the Governor on R.373, H. 4878 by a vote of 92 to 21:
Veto #7. Legislative Department, Page 380, Section 54.41, "General Assembly Exemption."
Very respectfully,
Speaker
Received as information.
Veto #7 by the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto by the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
By a division vote of 31-9, Veto #7 was overridden.
The necessary two-thirds vote having been received, Veto #7 by the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained Veto #1 by the Governor on R.373, H. 4878 by a vote of 69 to 46:
Veto #1. General & Temporary, Page 430, Section 72.91, "Joint Committee on Medicaid."
Very respectfully,
Speaker
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained Veto #13 by the Governor on R.373, H. 4878 by a vote of 69 to 44:
Veto #13. General & Temporary, Page 432, Section 72.97, Item "Budget and Control Board: $225,583 must be transferred to the General Fund from Subfund 4261 Retirement System-Admin."
Very respectfully,
Speaker
Received as information.
Columbia, S.C., June 4, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued Veto #2 by the Governor on R.373, H. 4878:
Veto #2. General & Temporary, Page 435, Section 72.98, Item "There is established the Joint Committee on Medicaid composed of six members, three appointed by the Chairman of the Senate Finance Committee from the membership of the Senate and three appointed by the Chairman of the House Ways and Means Committee from the membership of the House. The committee must: 1) make a detailed and careful study of the State Medicaid Plan, the federal laws pertaining to the program, and all other laws of the State which have a bearing upon the Medicaid program; 2) compare the state Medicaid program with the Medicaid program structures of other states; 3) recommend changes in the Medicaid program structure regarding eligibility, type, scope and duration of services, together with predicted General Fund revenue, to the end that the State Medicaid Plan will be more stable and affordable for the taxpayers of the State; 4) provide for the revision of state laws and the State Medicaid Plan so as to develop a more easily understood, financially manageable and stable system; and 5) make recommendations for amendments to the State Medicaid Plan. The committee may: 1) hold public hearings; 2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and 3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions. The committee may adopt by majority vote rules not inconsistent with this chapter that it considers proper with respect to matters relating to the discharge of its duties under this proviso. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Health and Human Services, and other state agencies and institutions. Expenses of the study committee may be paid from appropriated funds of the House of Representatives upon approval of the Speaker of the House and from appropriated funds of the Senate upon approval of the President Pro Tempore of the Senate. The committee must make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session. The Office of Research and Statistics shall assist the committee in conducting analysis of the costs and benefits of the Medicaid Program and opportunities for cost containment. The Department of Health and Human Services must provide to the committee all financial and statistical data, excluding any confidential identifying information, regarding the Medicaid Program."
Very respectfully,
Speaker
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained Veto #9 by the Governor on R.373, H. 4878 by a vote of 65 to 47:
Veto #9. Department of Education, Page 303, Section 1.76, "EAA Funding."
Very respectfully,
Speaker
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto #6 was sustained and has overridden the veto by the Governor on R.373, H. 4878 by a vote of 78-34:
Veto #6. Legislative Department, Page 379, Section 54.23, "Legislative Carry Forward."
Very respectfully,
Speaker
Received as information.
Veto #6 by the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto by the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
By a division vote of 29-12, Veto #6 was overridden.
The necessary two-thirds vote having been received, Veto #6 by the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued Vetoes #8, 10, 11, 12, 14, 15, 16, 17, 18 and 19 by the Governor on R.373, H. 4878:
Veto #8. Health and Human Services, Page 328, Section 8.38, "Silver Card Plus Program."
Veto #10. Commission on Higher Education, Page 319, Section 5A.28, "Election Day Closings."
Veto #11. General & Temporary, Page 432, Section 72.97, Item "Adjutant General's Office: $771,748 must be transferred to the General Fund from Subfund 4418 National Guard Pensions."
Veto #12. General & Temporary, Page 432, Section 72.97, Item "Adjutant General's Office: $1,779 must be transferred to the General Fund from Subfund 4332 Ng Pension Operating Expenses."
Veto #14. Department of Corrections, Page 367, Section 37.27, "Release of Inmates."
Veto #15. Department of Health and Human Services, Page 78, Section 8, Item "Executive Director General Funds $116,199."
Veto #16. Department of Social Services, Page 107, Section 13, Item "Commissioner/s General Funds $129,484."
Veto #17. Department of Commerce, Page 157, Section 27, Item "Other Operating Expenses General Funds $129,685."
Veto #18. Department of Revenue, Page 281, Section 64, Item "Other Operating Expenses General Funds $182,500."
Veto #19. Department of Corrections, Page 179, Section 37, Item "Other Operating Expenses General Funds $152,032."
Very respectfully,
Speaker
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued the veto by the Governor on R. 382, H. 4260 (Word version):
(R. 382, H. 4260) -- Reps. Sharpe and Ott: AN ACT TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3978 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTION 44-93-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE "SOUTH CAROLINA STUDENT-LED MESSAGE ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Having received a favorable report from the Beaufort County Delegation, the following appointments were confirmed in open session:
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Andrew Scott Dudley, Jr., 12 Turtle Lane, Beaufort, S.C. 29202
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Joseph McDomick, Jr., P. O. Box 1271, St. Helena Island, S.C. 29920
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Rita A. Simmons, P. O. Box 22895, Hilton Head, S.C. 29925
Reappointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Darlene R. Smith, P. O. Box 4864, Beaufort, S.C. 29906
Having received a favorable report from the Chesterfield County Delegation, the following appointments were confirmed in open session:
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Elizabeth E. Burch, 1515 East Jackson Road, Chesterfield, S.C. 29709
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Richard R. Lee, Rt. 1, Box 366-A, Cheraw, S.C. 29520
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Glenn C. Odom, P.O. Box 576, McBee, S.C. 29101
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ronnie L. Simpson, Sr., Rt. 1, Box 385, Patrick, S.C. 29584
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ronald Davis Cundiff, 105 State Road, Cheraw, S.C. 29520
Reappointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James H. Tilley, Rt. 2, Box 727, Cheraw, S.C. 29520
At 4:58 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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