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, tomorrow is Confederate Memorial Day. In the Spirit, hear the words of the Psalmist, 133:1:
"Behold, how good and pleasant it is when brothers dwell in unity! It is like the precious oil upon the head... It is like the dew of Hermon..."
Let us pray.
Father of us all, in sadness and in prayer we remember the great tragedy of more than a century ago when in our land, brothers and sisters fought each other - many bled, many died, most suffered.
We give thanks for the over-ruling Providence that, in spite of the anger and hate, You have preserved a nation-in-hope.
As we face the future, we pray that our national goals will be for such justice, charity, and loyal brotherhood that this country will remain, as long as the world endures, "one nation... under God."
Embolden us as we remember those
"Whom power could not corrupt,
Whom death could not terrify,
Whom defeat could not dishonor... teaching all who may
claim the same birthright that truth, courage and patriotism
endure forever."
Amen.
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Reappointment, Edgefield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Brenda B. Carpenter, P. O. Box 93, Trenton, S.C. 29847
Senator SETZLER introduced Dr. Fred J. McElveen of West Columbia, S.C., Doctor of the Day.
On motion of Senator SETZLER, at 11:10 A.M., Senator SHORT was granted a leave of absence for today.
Senator COURSON rose for an Expression of Personal Interest.
Two years ago the State passed a mandatory holiday to honor South Carolinians who fought and died for the Palmetto State during the War Between the States. The date chosen was in honor of the death of Lt. General Thomas J. "Stonewall" Jackson who was mortally wounded at the battle of Chancellorsville, Virginia, on May 2, 1863. He subsequently died of complications from the wound at Guinea Station, Virginia, on May 10, 1863. General Jackson was a Wing Commander of General Robert E. Lee's Army of Northern Virginia. The ANV was one of the most renowned American fighting forces that ever existed. Every southern state had military units attached to General Lee's army. Two full infantry brigades represented South Carolina. General Wade Hampton became Commander of the Calvary of the ANV after the death of Lt. General J.E.B. Stuart in May of 1864. I think it is fitting that one of the most magnificent military orders every written be read on the eve of Confederate Memorial Day.
After four years of arduous service marked by unsurpassed courage and fortitude, the Army of Northern Virginia has been compelled to yield to overwhelming numbers and resources.
I need not tell the brave survivors of so many hard fought battles who have remained steadfast to the last that I have consented to this result from no distrust of them.
But feeling that valor and devotion could accomplish nothing that could compensate for the loss that must have attended the continuance of the contest, I determined to avoid the useless sacrifice of those whose past services have endeared them to their countrymen.
By the terms of the agreement, officers and men can return to their homes and remain until exchanged. You will take with you the satisfaction that proceeds from a consciousness of duty faithfully performed; and I earnestly pray that a Merciful God will extend to you His blessings and protection.
With an unceasing admiration of your constancy and devotion to your Country, and a grateful remembrance of your kind and generous consideration for myself, I bid you all an affectionate farewell.
Expression of Personal Interest
Senator RAVENEL rose for an Expression of Personal Interest.
S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".
Senator BAUER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Concurrent Resolution was recalled from the committee.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
Senator BAUER asked unanimous consent to adopt the Resolution.
There was no objection.
The Resolution was adopted, ordered sent to the House.
S. 1264 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 23 IN SALUDA COUNTY THAT IS ONE MILE NORTH OF MONETTA, SOUTH CAROLINA, AND WHICH IS ACROSS FROM THE WATSON PACKING SHED, IN MEMORY OF DEPUTY SHERIFF ALLEN "PETE" MYERS OF SALUDA, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Senator BAUER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Concurrent Resolution was recalled from the committee.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
Senator BAUER asked unanimous consent to adopt the Resolution.
There was no objection.
The Resolution was adopted, ordered sent to the House.
The following were introduced:
S. 1276 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND AND THANK T. J. CROSS OF COLUMBIA FOR DONATING HIS TIME, TALENT, AND COMEDIAN'S TREASURE OF GOOD HUMOR IN SUPPORT OF THE COMMUNITY SERVICES BLOCK GRANT YOUTH LEADERSHIP PROGRAM AT GRADUATION CEREMONIES HELD AT THE YOUTH LEADERSHIP PROGRAM'S YEAR-END LUNCHEON, AND EXTEND EVERY GOOD WISH FOR HIS CONTINUED
The Senate Resolution was adopted.
S. 1277 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANK WEEKS OF LONE STAR UPON HIS DEATH FROM INJURIES SUSTAINED IN A RECENT AUTOMOBILE ACCIDENT.
l:\council\bills\gjk\21351sd02.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR
Read the first time and referred to the Committee on Transportation.
H. 5207 (Word version) -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
On motion of Senator McGILL, H. 5207 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5225 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE AUGUSTA ROAD BRIDGE THAT CROSSES INTERSTATE HIGHWAY 85 IN GREENVILLE COUNTY IN HONOR OF THE LATE MR. OTIS M. DAVIS, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "OTIS M. DAVIS, SR. MEMORIAL BRIDGE".
Introduced and ordered placed on the Calendar without reference.
H. 5250 (Word version) -- Reps. Lourie, Bales, Loftis, Kennedy, Koon, Leach, J. Hines, J.E. Smith, Harrell, Kirsh, Coleman, Miller, Lloyd, Bingham,
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 3851 (Word version) -- Reps. J.E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4891 (Word version) -- Reps. Sharpe, Davenport, Ott and Dantzler: A BILL TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4909 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requests the return of:
H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO MAKE CERTAIN OTHER
Received as information.
On motion of Senator MARTIN, with unanimous consent, the Senate refused the request from the House on the return of H. 3010.
There was no objection.
H. 3010 (Word version) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO MAKE CERTAIN OTHER CHANGES RELATED TO CONCEALED WEAPONS PERMITS. (ABBREVIATED TITLE)
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MARTIN explained the House amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
The House returned the Bill with amendments.
On motion of Senator MARTIN, 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.
S. 1200 (Word version) -- Senators J. Verne Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO SIX PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
The House returned the Bill with amendments.
Senator J. VERNE SMITH explained the House amendments.
Senator J. VERNE SMITH moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal:
S. 1200 (Word version) -- Senators J. Verne Smith, Leatherman, Drummond, McConnell, Land, Holland, Saleeby, Setzler, Leventis, Moore, Courson, Giese, Matthews, Thomas, Patterson, McGill, O'Dell, Reese, Hayes, Gregory, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Hawkins, Pinckney, Ritchie, Verdin, Kuhn, Richardson, Peeler and Bauer: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 11 of the 1976 Code is amended by adding:
State General Obligation Economic
Development Bond Act
Section 11-41-10. This chapter may be cited as the 'State General Obligation Economic Development Bond Act'.
Section 11-41-20. As incident to this chapter, the General Assembly finds:
(1) That by Section 4, Act 10 of 1985, the General Assembly ratified an amendment to Article X, Section 13(6)(c) Constitution of this State, 1895. One amendment in Article X, Section 13(6)(c) limits the issuance of general obligation debt of the State such that maximum annual debt service on all general obligation bonds of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must not exceed five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.
(2) Article X, Section 13(6)(c), as amended, further provides that the percentage rate of general revenues of the State by which general obligation bond debt service is limited may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(3) In order to foster economic development within the State, it is in the best interests of the State that the limitation on general obligation
Section 11-41-30. As used in this chapter:
(1) 'Department' means the State Department of Commerce.
(2) 'Economic development project' or 'project' means a project as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested by the sponsor and at least four hundred new jobs are created at the project by the sponsor. To qualify as an economic development project for purposes of this chapter, the investment and job creation requirements must be attained no later than the eighth year after the project first begins operations.
(3) 'Infrastructure' must relate specifically to the economic development project and means:
(a) land acquisition;
(b) site preparation;
(c) road and highway improvements;
(d) rail spur construction;
(e) water service;
(f) wastewater treatment;
(g) employee training which may include equipment used for such purpose;
(h) environmental mitigation; and
(i) training and research facilities and the necessary equipment therefor.
(4) 'Investment' means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed.
(5) 'Sponsor' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or any combination of these entities.
(6) 'State general obligation economic development bonds' or 'economic development bonds' or 'bonds' means general obligation bonds of this State issued under the authority of this chapter.
(7) 'New job' means a full-time job created in this State at an economic development project. The term does not include a job
Section 11-41-40. To obtain funds for allocation to the department for financing of infrastructure, there are issued from time to time state general obligation economic development bonds under the conditions prescribed by this chapter.
Section 11-41-50. Pursuant to Article X, Section 13(6)(c) of the Constitution of this State, 1895, the General Assembly provides that the maximum annual debt service on all general obligation bonds of the State, including economic development bonds, but excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, must not exceed five and one-half percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds. The State at any time must not have outstanding general obligation bonds, excluding economic development bonds, highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, the maximum annual debt service on which exceeds five percent of the general revenues of the State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.
Section 11-41-60. The maximum annual debt service on bonds issued pursuant to this chapter must not exceed one-half of one percent of the general revenues of this State for the fiscal year next preceding, excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds.
Section 11-41-70. Before issuing economic development bonds, the department shall notify the Joint Bond Review Committee and the State Budget and Control Board of the following:
(1) the amount then required for allocation to the department to defray the costs of the proposed infrastructure;
(2) a description of the infrastructure for which the bonds are to be issued, including a certification by the secretary of the department that each economic development project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the State of not less than four hundred million dollars and creates no fewer than four hundred new jobs;
(3) a tentative time schedule setting forth the period of time during which the sum requested is to be expended;
(4) a debt service table showing the annual principal and interest requirements for all bonds then outstanding; and
(5) the total amount of all bonds issued.
Section 11-41-80. Following the receipt of the notification presented pursuant to Section 11-41-70 and after approval by the Joint Bond Review Committee, the State Budget and Control Board, by resolution duly adopted, shall effect the issue of bonds, or pending the issue of the bonds, effect the issue of bond anticipation notes pursuant to Chapter 17 of this title.
Section 11-41-90. To effect the issuance of bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds;
(2) the amount of bonds proposed to be issued;
(3) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and
(4) certificates evidencing that the provisions of Sections 11-41-50 and 11-41-60 of this chapter have been or will be met.
Section 11-41-100. The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issue. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 11-41-110. All bonds issued under this chapter are exempt from taxation as provided in Section 12-2-50.
Section 11-41-120. All bonds issued under this chapter must be signed by the Governor and the State Treasurer. The Governor and State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 11-41-130. For the payment of the principal and interest on all bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of this State, and in accordance with the provisions of Section 13(4), Article X of the Constitution of this State, 1895, the General Assembly allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 11-41-140. Bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds may be awarded upon the terms and in the manner as prescribed by the State Treasurer. The right is reserved to reject all bids and to readvertise the bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Treasurer may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 11-41-150. The proceeds of the sale of bonds must be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, may be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.
Section 11-41-160. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
Section 11-41-170. The proceeds received from the issuance of bonds, after deducting the costs of issuance, must be expended only for the purpose of providing infrastructure."
SECTION 2. This act takes effect upon approval by the Governor.
The question then was concurrence in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep
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.
S. 1005 (Word version) -- Senators J. Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Leventis, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
The House returned the Bill with amendments.
Senator J. VERNE SMITH explained the House amendments.
On motion of Senator J. VERNE SMITH, 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. 4878 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
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., May 9, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4878 -- Ways and Means Committee: GENERAL APPROPRIATION BILL
asks for a Committee of Conference, and has appointed Reps. Harrell, Quinn and Kelley to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4878 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Whereupon, Senators LEATHERMAN, MOORE and HAYES were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
Whereupon, Senators MARTIN, WALDREP and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4412 (Word version) -- Reps. Scarborough, Altman, Coates and Campsen: 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 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MORRIS ISLAND LIGHTHOUSE LICENSE PLATE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4419 (Word version) -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4629 (Word version) -- Reps. Harrison, McGee, Lucas and McLeod: A BILL TO AMEND SECTIONS 44-53-190, 44-53-370, AND 44-53-520, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO CONTROLLED SUBSTANCES, CRIMINAL OFFENSES RELATING TO CONTROLLED SUBSTANCES, AND PENALTIES AND FORFEITURE FOR VIOLATIONS, SO AS TO INCLUDE 3, 4-METHYLENEDIOXYMETHAMPHETAMINE (MDMA), ALSO KNOWN AS "ECSTASY", AS A SCHEDULE I CONTROLLED SUBSTANCE,TO PROVIDE PENALTIES FOR ILLEGALLY POSSESSING OR TRAFFICKING IN THE DRUG, AND TO PROVIDE THAT CONVEYANCES USED IN TRANSPORTING THIS DRUG ARE SUBJECT TO FORFEITURE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4757 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Received as information.
Columbia, S.C., May 8, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J.H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D.C. Smith, J.E. Smith, J.R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-160 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3976 (Word version) -- Reps. Coates, J. Hines, Askins and McGee: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS
H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.
By prior motion of Senator LEVENTIS
H. 5216 (Word version) -- Reps. Kirsh, Meacham-Richardson, McCraw, Delleney and Simrill: A BILL TO ESTABLISH AND REAPPORTION ELECTION DISTRICTS IN WHICH FIVE OF THE SEVEN TRUSTEES OF THE CLOVER SCHOOL DISTRICT NO. 2 OF YORK COUNTY ARE REQUIRED TO RESIDE AND PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES.
By prior motion of Senator HAYES
H. 3868 (Word version) -- Reps. A. Young, Keegan and Koon: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS,
H. 4530 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
H. 4954 (Word version) -- Reps. Townsend, Martin, W.D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J.H. Neal, J.M. Neal, D.C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70,
H. 5212 (Word version) -- Reps. Sharpe, Witherspoon and Rhoad: A JOINT RESOLUTION TO PROHIBIT POULTRY FROM STATES HAVING FLOCKS THAT HAVE TESTED POSITIVE FOR AVIAN INFLUENZA FROM ENTRY INTO THIS STATE UNTIL THIRTY DAYS AFTER DEPOPULATION, CLEANING, AND DISINFECTION OF THE FINAL CONFIRMED AVIAN INFLUENZA PREMISES IN THE POSITIVE STATE, AND TO PROVIDE THAT POULTRY PARTICIPATING IN EXHIBITIONS CONDUCTED IN A POSITIVE STATE AFTER MARCH 1, 2002, MUST TEST NEGATIVE FOR AVIAN INFLUENZA PRIOR TO PARTICIPATION IN A SOUTH CAROLINA EXHIBITION.
Senator WALDREP asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL
H. 3014 (Word version) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Having voted on the prevailing side, Senator HAYES asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 2 ((NBD\11711CM02) was adopted on May 8, 2002.
There was no objection.
The adoption of Amendment No. 2 was reconsidered and the amendment was withdrawn.
The Bill was read the third time and ordered returned to the House of Representatives with amendments.
S. 732 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 507 OF 1996, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL OFFICERS, THE EMPLOYMENT OF A DIRECTOR AND STAFF POSITIONS, AUTHORIZE THE BOARD TO ADOPT BYLAWS, AND ESTABLISH ATTENDANCE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators GROOMS, PINCKNEY and MATTHEWS proposed the following amendment (DKA\3007ZW02), which was adopted:
Amend the bill, as and if amended, SECTION 1 of Act 507 of 1996, as contained in SECTION 1, page 2, by deleting in subsection (E) beginning on line 23: / The director and staff members are not subject to the county personnel policies and procedures, with the exception of employee benefits, employee leave, and payroll. /
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1193 (WORD VERSION) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.
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.
H. 4548 (Word version) -- Reps. W.D. Smith, Scarborough, McLeod, Knotts and Owens: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.
Senator LEATHERMAN explained the Bill.
H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator ALEXANDER proposed the following amendment (BBM\9159HTC02), which was adopted:
Amend the bill, as and if amended, in Section 12-37-252, as contained in SECTION 1, page 2, by striking the quotation mark on line 3 and by inserting immediately after line 3:
/ (D) Notwithstanding any other provision of law, when a person applies for the exemption allowed pursuant to Section 12-37-250 and was qualified for this exemption in the prior tax year in addition to the current tax year, the person may be certified for the exemption, not to extend beyond the immediate preceding tax year." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
By prior motion of Senator MOORE
H. 5190 (Word version) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator RANKIN asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
On motion of Senator RANKIN, with unanimous consent, H. 5190 was ordered to receive a third reading on Monday, May 13, 2002.
S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators McCONNELL and HUTTO proposed the following amendment (JUD1087.003), which was adopted:
Amend the committee amendment, as and if amended, page [1087-2], beginning on line 29, in Section 30-15-60(C), as contained in SECTION 1, by adding a new item after item (4) to read:
/ (5) Beginning fifty years after the death of the person who is the subject of the record, any person conducting genealogical research may examine a record filed pursuant to this chapter or obtain a copy or certified copy of all or part of such record." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Committee on the Judiciary proposed the following amendment (JUD1087.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 30-15-60 of the 1976 Code is amended to read:
"Section 30-15-60. (A) Any person authorized in subsection (C) desiring a certified copy of any discharge or certificate of lost discharge, registered under the provisions of this chapter, shall must apply for it to the clerk of court of the county in which the discharge or certificate of lost discharge is registered, and the clerk of court shall must furnish a certified copy. Fees for furnishing a certified copy of discharge or DD 214 form may be established by each county, but may shall not exceed fifty cents.
(B) The clerk of court or the register of deeds may designate the county veterans' affairs officer to receive these applications and furnish these copies as provided by this section. Subject to the approval of the county governing body, the clerk of court and the county veterans' affairs officer may enter into a written agreement pursuant to which the responsibilities of the clerk of court under this chapter to receive, record, and maintain recorded discharges may be devolved to the county veterans' affairs officer. Upon transfer of the records, the county veterans' affairs officer may issue copies as requested.
(C)(1) A DD 214 record or other discharge record filed pursuant to this chapter is not a public record for purposes of Chapter 4, Title 30. It is unlawful for any person to permit inspection of any such record, to disclose information contained in the record, or to issue a copy of all or any part of the record, except as authorized by this subsection or by order of a court of competent jurisdiction.
(2) Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this chapter or obtain a copy or certified copy of all or part of such record:
(a) the person who is the subject of the record;
(b) the spouse or next of kin of the person who is the subject of the record;
(c) a person named in an appropriate power of attorney executed by the person who is the subject of the record;
(d) the administrator, executor, guardian, or legal representative of the person who is the subject of the record; or
(e) an attorney for any person specified in subitems (a) through (d) of this item.
(3) Records kept pursuant to this chapter shall not be reproduced or used in whole or in part for any commercial or speculative purposes.
(4) Any individual, agency, or court which obtains information pursuant to this subsection must not disseminate or disclose this information or any part thereof except as authorized in this subsection or otherwise by law."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (BBM\9161HTC02), which was adopted:
Amend the bill, as and if amended, in Section 1-1-1020, as contained in SECTION 1, page 2, by striking the quotation mark on line 10 and by inserting immediately after line 10:
/ (C) When providing financing as described in subsection (A) of this section, the Office of State Treasurer shall ensure that repayment schedules provide sufficient funds to defray the cost of administering this program. The Office of State Treasurer shall retain such funds as are necessary to defray administrative costs. Any excess funds at year-end must be deposited to the credit of the general fund of the State." /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE.
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 (JUD3819.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-3-20(A) of the 1976 Code is amended to read:
"(A) A person who is convicted of or pleads guilty to murder must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, 'life imprisonment' means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits,
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO ENHANCE SECURITY AT THE NATION'S PORTS, WATERFRONT INDUSTRIAL FACILITIES, AND OTHER TRANSPORTATION-RELATED FACILITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bills and Joint Resolution were carried over:
S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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
On motion of Senator ELLIOTT, with unanimous consent, the Joint Resolution was carried over.
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".
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
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).
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LAND proposed the following amendment (SWB\5375DJC02), which was adopted:
Amend the bill, as and if amended, by adding the following new sections appropriately numbered to read:
/SECTION __. Article 5, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-661. No for-hire motor vehicle carrier of property, except carriers of household goods or hazardous waste for disposal,
The applicant must provide evidence of meeting the financial responsibilities or insurance requirements, satisfy compliance requirements of the United States Department of Transportation motor carrier safety and hazardous materials regulations before issuance, and continually satisfy these requirements or certification may be suspended, revoked, or placed in a probationary status.
The Department of Public Safety is authorized to promulgate regulations to implement these responsibilities.
The holder of a Class E Certificate may be eligible for exceptions provided by Sections 58-23-620 and 44-96-160(W)(1).
Section 56-3-662. The Department of Public Safety shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Public Safety may promulgate regulations pursuant to this section.
Section 56-3-663. The Department of Public Safety is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the Department of Public Safety for enforcement purposes. When the carrier's base state is South Carolina, the Department of Public Safety may require further filings of certificates of insurance, surety bonds, and other documents to show the carrier's qualifications to operate. Participating carriers shall register their authority directly with the Department of Public Safety and not with other state or local agencies."
SECTION __. Sections 58-23-350, 58-23-640, and 58-23-650 of the 1976 Code are repealed. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
On motion of Senator RANKIN, with unanimous consent, the Bill was carried over, as amended.
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD4514.002):
Amend the bill, as and if amended, page 3, beginning on line 19, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator HUTTO, with unanimous consent, Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING AND AMENDING CERTAIN SECTIONS IN TITLE 7 RELATED TO ELECTION PROCEDURES. (ABBREVIATED TITLE)
Senator MARTIN moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory * Grooms Hawkins Hayes Knotts Kuhn * Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ryberg Thomas Verdin* Waldrep
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Patterson Pinckney Rankin Reese Setzler
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.
S. 889 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO ALLOW THE DISPLAY OF THE WORDS OF THE TEN COMMANDMENTS IN A PUBLIC SCHOOL CLASSROOM AT THE DISCRETION OF THE TEACHER IN CHARGE OF THE CLASSROOM AND TO PROHIBIT PUBLIC SCHOOL POLICIES OR CODES THAT PROHIBIT THE WORDS OF THE TEN COMMANDMENTS ON THE CLOTHING, BOOK
Senator MARTIN moved that the Bill be made a Special Order.
A roll call vote was ordered.
Senator MOORE asked unanimous consent to make a motion that the Bill be made a Special Order.
Senator RICHARDSON objected.
Senator SETZLER moved that the Senate stand adjourned.
Senator MARTIN raised a Point of Order that the motion to adjourn was out of order inasmuch as a roll call vote had been ordered.
The ACTING PRESIDENT sustained the Point of Order.
Senator FAIR, with unanimous consent, explained the Bill.
Senator JACKSON asked unanimous consent to be recognized to speak on the Bill.
Senator MARTIN objected.
Senator MOORE made a Parliamentary Inquiry as to whether or not brief explanatory remarks were allowed under Rule 33 at the discretion of the Presiding Officer.
The ACTING PRESIDENT stated that was correct although there was a pending roll call before the body.
Senator JACKSON, with unanimous consent, addressed the body with brief remarks.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Bauer
Branton Courson Drummond Elliott Fair Giese Gregory * Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn * Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie * Ryberg Saleeby * Setzler Short * Smith, J. Verne Thomas Verdin Waldrep
Ford Glover Pinckney
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was made a Special Order.
Senator SETZLER rose for an Expression of Personal Interest.
Mr. PRESIDENT, Ladies and Gentlemen of the Senate, I am going to be a minute. I know everybody is ready to adjourn.
I have deferred making these remarks now for some three weeks and very candidly I am surprised that someone else has not made them, regardless of what party they are in. I am surprised that the press has not written about it, and frankly, I am surprised that there is not a public uprising by the college students of South Carolina about it. The people of this State voted for a lottery; I did not. They voted for
Now, a year later, we're at May 9th, 2002, and the students of this State who are graduating in the next week to ten days have absolutely no idea what kind of aid they are going to get for scholarships as they enter college in the fall in the State of South Carolina. We had a Lottery Bill passed in this Senate in the very beginning of this session. We passed it. The House passed it. A conference committee was appointed on March 26; this is May 9, and our conferees have been ready and available to meet. They have been there. There have been two meetings of the conferees, I believe. Mr. Chairman, is that correct?
I heard all last year and I heard all this year from the House of Representatives, "We don't want the lottery scholarship spread in the budget, because it's only one time so we don't want it in the budget." Well, guess what? We don't have a lottery scholarship spread, and when they sent us the budget back today, guess what it's got in it? The House has put the lottery scholarship spread in it. I wonder if it has anything to do with the fact that they didn't spread all of their money when they passed the original Bill.
What I am saying to you is the students of this State on May 1 - the nationally recognized day that they have to make a decision about where they are going to college - we've passed that day, and they don't know whether or not they are going to get scholarship money and how much. I can tell you, for example, in my high school, they called all the seniors together and told them, the current law says you go free, as I recall, Mr. Chairman. The current law as it exists today says LIFE is full tuition and $300 for books, and all the colleges and universities have gone up on tuition. The proposal is to cap that because the cost that is open ended would be enormous as we go forward. By the 17th of this month, I believe, these students have to respond back to the colleges and universities in order to qualify for LIFE. So, I say to you that we owe it to the students of this State and we owe it to the parents of this State to have a scholarship spread of the money and a decision and for it not to be in the budget as was originally indicated.
Our conferees are prepared to work, and I would urge that we enter into some agreement with regard to the lottery scholarship proceeds.
On motion of Senator LEVENTIS, with unanimous consent, Senator SETZLER's remarks, were ordered printed in the Journal.
Having received a favorable report from the Edgefield County Delegation, the following appointment was confirmed in open session:
Reappointment, Edgefield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Brenda B. Carpenter, P. O. Box 93, Trenton, S.C. 29847
On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frank Weeks of Calhoun County, S.C.
Senator LEATHERMAN moved that, when the Senate adjourns on Monday, May 13, 2002, it stand adjourned to meet next Tuesday, May 14, 2002, at 12:00 Noon, which motion was adopted.
At 12:52 P.M., on motion of Senator LEATHERMAN, due to the Confederate Memorial Holiday tomorrow, the Senate adjourned to meet on Monday, May 13, 2002, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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