Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, let us pray.
Father, we pray for all who agree with us and for all who fight against us that we all may find a way toward unity among all nations in the Spirit of St. Paul when he wrote to the Ephesians, Chapter 4:5-6:
"I therefore, the prisoner in the Lord, beg you to lead a life worthy of the calling to which you have been called, with all humility and gentleness, with patience, bearing with one another in love, making every effort to maintain the unity of the Spirit in the bond of peace."
Amen and Amen!
At 10:42 A.M., on motion of Senator MARTIN, the Senate receded from business until 11:00 A.M.
At 11:00 A.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 16, 2003, at 10:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R25, S. 9 (Word version)) -- Senators Hayes and Gregory: AN ACT TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS OR OTHER UNDERTAKINGS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
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(R26, S. 71 (Word version)) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin, Leatherman, Ryberg, Knotts, Alexander, Anderson, Branton, Drummond, Fair, Ford, Giese, Glover, Gregory, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Richardson, Ritchie, Short, J. Verne Smith, Thomas, Verdin and Waldrep: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-360 SO AS TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.
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(R27, S. 149 (Word version)) -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN JOHNSTON, SOUTH CAROLINA, TO THE TOWN OF JOHNSTON.
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(R28, S. 165 (Word version)) -- Senators Gregory, Knotts and Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS ANY LICENSE, PERMIT, STAMP, OR TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.
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(R29, S. 168 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R30, S. 269 (Word version)) -- Senator Pinckney: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MARCH 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.
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(R31, S. 294 (Word version)) -- Senators Land, Leventis and Malloy: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE JULY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BISHOPVILLE, SOUTH CAROLINA, TO LEE COUNTY AND THE CITY OF BISHOPVILLE.
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(R32, S. 320 (Word version)) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AMEND ACT 289 OF 2002 RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2002-2003, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS AND PROCEDURES FOR MANDATORY FURLOUGHS DURING THE FISCAL YEAR BY STATE AGENCIES AND DEPARTMENTS NECESSITATED BY BUDGET SHORTFALLS; AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE BUDGET AND CONTROL BOARD IS AUTHORIZED TO USE EXCESS APPROPRIATIONS FOR FISCAL YEAR 2002-2003, AS DETERMINED BY THE DIRECTOR OF THE OFFICE OF STATE BUDGET, DESIGNATED FOR STATEWIDE EMPLOYER CONTRIBUTIONS FOR OTHER STATEWIDE PURPOSES.
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(R33, S. 340 (Word version)) -- Finance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 ENACTING THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9; TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO DEFINITIONS OF "POLICE OFFICER" FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCLUDE WITHIN THE DEFINITION AN EMPLOYEE AFTER JANUARY 1, 2000, OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED AS A PEACE OFFICER, AND TO AMEND SECTION 24-1-280, AS AMENDED, RELATING TO THE STATUS AS A PEACE OFFICER OF EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE WHO ARE HIRED TO PERFORM DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, AND RECAPTURE, SO AS TO INCLUDE IN THAT STATUS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED TO PERFORM SIMILAR DUTIES.
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(R34, S. 341 (Word version)) -- Finance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD, THE BOARD'S OFFICERS AND MANAGEMENT EMPLOYEES, AND LEGISLATIVE EMPLOYEES PERFORMING DUTIES FOR BOARD MEMBERS AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD OR LEAVE LEGISLATIVE EMPLOYMENT IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
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(R35, S. 344 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTH CAROLINA (CERRA-SOUTH CAROLINA).
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(R36, S. 361 (Word version)) -- Fish, Game and Forestry Committee: AN ACT TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.
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(R37, S. 408 (Word version)) -- Senators Courson and Drummond: A JOINT RESOLUTION TO AMEND ACT 381 OF 2002, RELATING TO THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT, SO AS TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT AND TO CHANGE THE REPORTING DATE OF THE VETERANS MONUMENT COMMISSION FROM MARCH 1, 2003, TO JUNE 1, 2003.
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(R38, S. 444 (Word version)) -- Senators Matthews, Patterson and Ford: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003 ONLY, ALL UNIVERSITIES' APPROPRIATED FUNDS TO BE USED TO SUPPORT BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR SOUTH CAROLINA'S RURAL AND URBAN CITIZENS MAY ALSO USE THESE FUNDS FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.
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(R39, S. 448 (Word version)) -- Senators McConnell, Ford and Pinckney: AN ACT TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED, TO PROVIDE FOR REQUIREMENTS OF SUCH AN AGREEMENT TO ACCESS, AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.
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(R40, S. 454 (Word version)) -- Senator Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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(R41, S. 501 (Word version)) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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(R42, S. 508 (Word version)) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: AN ACT TO AMEND SECTION 25-1-2260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.
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(R43, H. 3041 (Word version)) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.
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(R44, H. 3078 (Word version)) -- Reps. Lucas, Simrill, Coates and Cotty: AN ACT TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.
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(R45, H. 3163 (Word version)) -- Reps. Delleney and Simrill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY STATUTE; AND TO AUTHORIZE THE COMMISSION ON INDIGENT DEFENSE TO TRANSFER UNSPENT FUNDS FROM THE PREVIOUS FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP THE OFFICE OFFSET BUDGET REDUCTIONS.
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(R46, H. 3198 (Word version)) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: AN ACT TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FAMILY PRIVACY PROTECTION ACT, SO AS TO CLARIFY THE DEFINITION OF "COMMERCIAL SOLICITATION", WHICH EXCLUDES FROM THE DEFINITION NOTIFICATION OF CONTINUING EDUCATION SPONSORED BY NONPROFIT ASSOCIATIONS, SO AS TO DELETE THE REFERENCE TO NONPROFIT ASSOCIATIONS; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO FURTHER PROVIDE THAT THE FAMILY PRIVACY PROTECTION ACT DOES NOT APPLY TO A LOCAL GOVERNMENTAL ENTITY OF A SUBDIVISION OF THIS STATE OR LOCAL GOVERNMENT.
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(R47, H. 3274 (Word version)) -- Reps. Townsend and Clark: AN ACT 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.
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(R48, H. 3299 (Word version)) -- Reps. Frye, Koon, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE ANIMALS DURING THE PERIOD IN WHICH RACCOONS, OPOSSUMS, OR FOX ARE ALLOWED TO BE HUNTED WITHOUT WEAPONS.
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(R49, H. 3353 (Word version)) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal, Phillips, Rivers, Scarborough, G.M. Smith, Tripp, Umphlett and Lloyd: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50, SO AS TO PROVIDE FOR REGULATION AND PERMITTING OF FOX AND COYOTE HUNTING ENCLOSURES, PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, TRANSFER, POSSESS, OR RELEASE A LIVE COYOTE, COYOTE-HYBRID, OR FOX WITHIN THE STATE EXCEPT AS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO THIS TITLE, TO REGULATE THE PURCHASE, SALE, POSSESSION, TRAPPING, DESTRUCTION, OR RELEASE OF CERTAIN ANIMALS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-11-710, AS AMENDED, RELATING TO NIGHT HUNTING BEING UNLAWFUL WITH CERTAIN EXCEPTIONS, SO AS TO INCLUDE COYOTES WITHIN THE EXCEPTIONS TO NIGHT HUNTING; TO AMEND SECTION 50-11-1145, RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR RUNNING RABBITS, SO AS TO PROVIDE FOR TRAPS THAT MAY BE USED AND FOR THE RELEASE OR DESTRUCTION OF CERTAIN PREDATORY ANIMALS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO DELETE COYOTES FROM THE SECTION; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A FOX AND COYOTE HUNTING ENCLOSURE WHO PURCHASES LIVE FOXES OR COYOTES FOR RELEASE INTO THE ENCLOSURE IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE; TO AMEND SECTION 50-11-2460, RELATING TO TRAPS ALLOWED FOR TRAPPING AND BEARING THE OWNER'S NAME AND ADDRESS, SO AS TO PROVIDE FOR WHEN CERTAIN BODY GRIPPING TRAPS AND CERTAIN FOOT-HOLD TRAPS MAY BE USED; AND TO REPEAL SECTION 50-11-1760, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SECTION 50-11-1770, RELATING TO THE SALE OR SHIPMENT OF LIVE FOXES WITHIN THE STATE BEING UNLAWFUL, SECTION 50-11-2410, RELATING TO THE USE OF CERTAIN TRAPS BEING PROHIBITED, AND SECTION 50-11-2415, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX.
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(R50, H. 3599 (Word version)) -- Rep. Hayes: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
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(R51, H. 3600 (Word version)) -- Rep. Hayes: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
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(R52, H. 3655 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R53, H. 3656 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R54, H. 3657 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R55, H. 3670 (Word version)) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R56, H. 3794 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R57, H. 3822 (Word version)) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT, IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.
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(R58, H. 3829 (Word version)) -- Rep. J.E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.
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(R59, H. 3850 (Word version)) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.
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(R60, H. 3868 (Word version)) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, TO THE CITY OF ST. GEORGE.
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(R61, H. 3869 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R62, H. 3870 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R63, H. 3872 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R64, H. 3878 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator Brad Hutto
Post Office Box 1084
Orangeburg, SC 29116
Re: Rural Development
Dear Senator Hutto:
Barnwell County Council has nominated Abe Moscow to replace Jackie Ramsey, whose term expired in October, on the Savannah River Site Redevelopment Authority Board (SRDI)
Sincerely,
/s/ H. Flowe Trexler, Chairman
Barnwell County Council
Senator Brad Hutto
P. O. Box 1084
Orangeburg, SC 29116
Dear Senator Hutto:
The Allendale County Council respectfully recommends the appointment of Dan Cannady to the Savannah River Redevelopment Authority for a four-year term ending October 21, 2006. He will replace Carl Gooding whose term ended October 21, 2002. Mr. Cannady received a majority vote of the County Council during a regular meeting on January 16, 2003.
I appreciate your earliest attention in this matter.
Sincerely,
/s/ Heather Lea Simmons
The following were received and referred to the appropriate committees for consideration:
Document No. 2828
Agency: Department of Labor, Licensing and Regulation, Contractors' Licensing Board
SUBJECT: Burglar Alarm Systems
Received by Lieutenant Governor April 16, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 14, 2003
Document No. 2829
Agency: Department of Labor, Licensing and Regulation, Board of Long Term Health Care Administrators
SUBJECT: Residential Care Facility Administration
Received by Lieutenant Governor April 16, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration August 14, 2003
(Subject to Sine Die Revision)
Document No. 2830
Agency: Department of Health and Environmental Control
SUBJECT: Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems
Received by Lieutenant Governor April 16, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration August 14, 2003
(Subject to Sine Die Revision)
The following was received:
Document No. 2712
Agency: Department of Social Services
SUBJECT: Residential Group Care Organizations for Children
Received by Lieutenant Governor April 23, 2002
Referred to Judiciary Committee
Legislative Review Expiration May 5, 2003 (Revised)
Withdrawn and Resubmitted April 15, 2003
Senator KUHN introduced Dr. Boyd Gillespie of Charleston, S.C., Doctor of the Day.
The following were introduced:
S. 602 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCER'S LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 603 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-75-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND THE AREA IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO EXPAND THE TERRITORY OF THE ASSOCIATION ON AN EMERGENCY BASIS TO INCLUDE SEACOAST COUNTIES FOR A PERIOD OF TWO YEARS RATHER THAN ONE YEAR.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
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Read the first time and referred to the Committee on Education.
S. 605 (Word version) -- Senators McConnell, Martin, Courson, Reese, Richardson, Ryberg, Grooms, Mescher and Drummond: A BILL TO AMEND SECTION 46-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE COMMISSIONER OF AGRICULTURE BY THE QUALIFIED ELECTORS OF THIS STATE AT THE GENERAL ELECTION WHERE OTHER STATEWIDE OFFICERS ARE ALSO ELECTED SO AS TO PROVIDE THAT BEGINNING UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE WHEN THIS PROVISION TAKES EFFECT, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
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Read the first time and referred to the Committee on Judiciary.
S. 606 (Word version) -- Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond and Reese: A BILL TO AMEND SECTION 1-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BUDGET AND CONTROL BOARD, SO AS TO DELETE THE COMPTROLLER GENERAL AND STATE TREASURER AS MEMBERS OF THE BOARD UPON RATIFICATION OF AMENDMENTS TO THE CONSTITUTION OF THIS STATE PROVIDING FOR THEIR APPOINTMENT.
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Read the first time and referred to the Committee on Judiciary.
S. 607 (Word version) -- Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond and Reese: A BILL TO AMEND SECTION 1-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE OF LIEUTENANT GOVERNOR BEING PART TIME, SO AS TO PROVIDE THAT BEGINNING WITH THE TERM OF THE LIEUTENANT GOVERNOR ELECTED IN 2006 IF THE GOVERNOR AND THE LIEUTENANT GOVERNOR ARE JOINTLY ELECTED BEGINNING ON THIS DATE, THE DUTIES OF THIS OFFICE SHALL BE FULL TIME AND DETERMINED BY THE GOVERNOR, WITH A COMPENSATION TO BE PROVIDED BY THE GENERAL ASSEMBLY IN THE GENERAL APPROPRIATIONS ACT REFLECTING THE FULL-TIME STATUS.
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Read the first time and referred to the Committee on Judiciary.
S. 608 (Word version) -- Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond and Reese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR, PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE ACTING AS LIEUTENANT GOVERNOR IN HIS ABSENCE, SO AS TO PROVIDE THAT VACANCIES IN THE OFFICE OF LIEUTENANT GOVERNOR MUST BE FILLED BY APPOINTMENT OF THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, FOR THE REMAINDER OF THE UNEXPIRED TERM, AND PROPOSING AN AMENDMENT TO SECTION 10 OF ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE AND IN THIS CAPACITY PRESIDING OVER THE SENATE WITH NO VOTE UNLESS THE SENATE IS EQUALLY DIVIDED, SO AS TO DELETE THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE.
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Read the first time and referred to the Committee on Judiciary.
S. 609 (Word version) -- Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond and Reese: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY-CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, TO PROVIDE THAT THE HEAD OF THESE OFFICES, DIVISIONS, OR COMPONENTS, TRANSFERRED TO THE DEPARTMENT OF ADMINISTRATION, ON BEHALF OF THAT OFFICE, DIVISION, OR COMPONENT IS AUTHORIZED TO CONTRACT WITH PRIVATE PARTIES OR OTHER PUBLIC OR PRIVATE ENTITIES TO PERFORM ANY OF ITS DUTIES, FUNCTIONS, OR RESPONSIBILITIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING SECTION 1-3-55 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GOVERNOR MAY TRANSFER, CONSOLIDATE, OR ELIMINATE PROGRAMS AND FUNCTIONS UNDER CERTAIN CABINET AGENCIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT IN IMPLEMENTING SUCH TRANSFERS, CONSOLIDATIONS, OR ELIMINATIONS, THE GOVERNOR MAY DESIGNATE WHICH APPROPRIATIONS, FUNDING, ASSETS, AND LIABILITIES SHALL BE TRANSFERRED OR CONSOLIDATED, WHICH EMPLOYEES TRANSFERRED, AND WHICH POSITIONS ELIMINATED; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH WITHIN THE BUDGET AND CONTROL BOARD THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
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Read the first time and referred to the Committee on Judiciary.
S. 610 (Word version) -- Senators McConnell, Martin, Courson, Richardson, Ryberg, Grooms, Mescher, Drummond and Reese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL, SECRETARY OF STATE, SUPERINTENDENT OF EDUCATION, AND TREASURER FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT, UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, EXCEPT FOR THE COMPTROLLER GENERAL WHO MUST BE APPOINTED BY UNANIMOUS VOTE OF THE STATE BUDGET AND CONTROL BOARD UPON NOMINATION OF THE GOVERNOR, WITH THE PERSONS APPOINTED COMPTROLLER GENERAL AND TREASURER BEING INELIGIBLE TO SERVE AS A MEMBER OF THE STATE BUDGET AND CONTROL BOARD; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
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Read the first time and referred to the Committee on Judiciary.
S. 611 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-425, SO AS TO CREATE A PRESUMPTION THAT A PETITION FOR AN EMERGENCY HEARING IN FAMILY COURT SHOULD BE GRANTED UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.
S. 612 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 15, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-412, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONTACT OR COMMUNICATE WITH A PERSON UNDER THE AGE OF SIXTEEN WITH THE INTENT TO ENGAGE THE MINOR IN SEXUAL ACTIVITY OR A VIOLENT CRIME, AND TO PROVIDE PENALTIES FOR THE OFFENSE; AND TO AMEND SECTION 16-15-445, RELATING TO THE FORFEITURE AND SEIZURE OF EQUIPMENT USED IN VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 15 OF TITLE 16, SO AS TO PROVIDE FOR THE FORFEITURE AND SEIZURE OF EQUIPMENT USED IN A VIOLATION OF SECTION 16-15-412.
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Read the first time and referred to the Committee on Judiciary.
S. 613 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE ACTIVITIES OF AN INSURANCE PREMIUM SERVICE COMPANY, SO AS TO REQUIRE THAT THE REFUND OF PREMIUMS FOR A CANCELLED POLICY MUST BE ACCORDING TO A METHOD AT LEAST AS FAVORABLE TO THE BORROWER AS THE RULE OF 78'S.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 614 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.
S. 615 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-25-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNPROFESSIONAL CONDUCT AND BREACH OF CONTRACT BY TEACHERS, SO AS TO PROVIDE THAT A TEACHER IS NOT GUILTY OF UNPROFESSIONAL CONDUCT AND MUST BE RELEASED FROM A CONTRACT WITHOUT PENALTY IF THE TEACHER SUBMITS A LETTER OF RESIGNATION TO THE BOARD BY JULY FIRST OF THE CONTRACT YEAR, PROVIDE THAT A SCHOOL DISTRICT MAY NOT IMPEDE A TEACHER'S PURSUIT OF EMPLOYMENT WITH ANOTHER SCHOOL DISTRICT IN THE STATE, AND PROVIDE THAT A SCHOOL DISTRICT MAY NOT ISSUE A CONTRACT THAT IS CONTRARY TO THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Education.
S. 616 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY RESIDENT MEMBERS ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CLARIFY THAT A COUNTY SHALL ONLY BE REPRESENTED ON THE COMMISSION FOR ONE TERM OF SIX YEARS UNLESS AT LEAST SIX YEARS LAPSE FROM THE EXPIRATION OF THE FORMER MEMBER'S TERM; TO AMEND SECTION 57-1-330, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT A COMMISSIONER SHALL NOT SERVE MORE THAN ONE TERM OF SIX YEARS, TO PROVIDE FOR STAGGERED TERMS OF COMMISSION MEMBERS APPOINTED PURSUANT TO THIS ACT, AND TO PROVIDE THAT A COMMISSIONER SERVING ON THIS ACT'S EFFECTIVE DATE MAY COMPLETE THE TERM FOR WHICH HE WAS ELECTED.
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Read the first time and referred to the Committee on Transportation.
S. 617 (Word version) -- Senators Ryberg, Richardson, Gregory, Fair and Hutto: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE VARIOUS STATE RETIREMENT SYSTEMS BY A DIRECTOR APPOINTED BY AND RESPONSIBLE TO THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE DEFINITIONS, TO AMEND SECTION 9-11-20, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE A REFERENCE MADE OBSOLETE BY THIS ACT, TO AMEND SECTION 9-16-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITIONS OF "FIDUCIARY" AND "PANEL", SO AS TO CONFORM THESE DEFINITIONS TO THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL'S REVISED ROLE AS INVESTMENT AGENT OF THE STATE BUDGET AND CONTROL BOARD, TO AMEND SECTION 9-16-30, RELATING TO DELEGATION OF FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE RETIREMENT SYSTEMS, SO AS TO DESIGNATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AS THE BOARD'S AGENT FOR INVESTING RETIREMENT SYSTEM ASSETS, TO AMEND SECTIONS 9-16-50, 9-16-60, 9-16-70, 9-16-80, AND 9-16-90, RELATING TO INVESTMENT CONSIDERATIONS OF THE TRUSTEE, EVALUATION OF THE FIDUCIARY'S COMPLIANCE WITH THE RETIREMENT SYSTEM INVESTMENT LAW, LIABILITY FOR BREACH OF DUTY, MEETINGS OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND REPORTING REQUIREMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE REVISED ROLE OF THE PANEL, TO AMEND SECTIONS 9-16-310, 9-16-320, 9-16-330, AND 9-16-340, RELATING TO THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, THE ANNUAL INVESTMENT PLAN, COMPONENTS OF THE INVESTMENT PLAN, AND INVESTMENT FUNCTIONS, SO AS TO ESTABLISH THE PANEL AS THE INVESTMENT AGENT OF THE STATE BUDGET AND CONTROL BOARD WITH FOUR-YEAR STAGGERED TERMS, TO PROVIDE THAT THE PANEL SHALL EMPLOY A CHIEF INVESTMENT OFFICER, LEGAL COUNSEL, AND OTHER NECESSARY PROFESSIONAL, ADMINISTRATIVE, AND CLERICAL PERSONNEL, TO PROVIDE THAT THE PANEL SHALL ACT AS THE AGENT OF THE TRUSTEE IN THE INVESTMENT OF ALL SYSTEM FUNDS, BOTH EQUITIES AND FIXED, AND CONFORM THESE PROVISIONS TO THE NEW ROLE FOR THE PANEL, TO AMEND SECTION 11-9-660, AS AMENDED, RELATING TO LAWFUL INVESTMENTS FOR STATE FUNDS, SO AS TO LIMIT FIXED INCOME INVESTMENTS OF THE PANEL TO THESE SAME INVESTMENTS, TO AMEND SECTION 11-13-30, RELATING TO THE INVESTMENT AUTHORITY OF THE STATE TREASURER, SO AS TO PROVIDE THAT THE PANEL IS AGENT OF THE BOARD IN INVESTING RETIREMENT SYSTEM FUNDS, AND TO REPEAL SECTIONS 9-1-1310, 9-1-1340, 9-8-150, 9-8-160, 9-9-140, 9-9-150, AND 9-11-240, RELATING TO THE ROLE OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE RETIREMENT SYSTEM AND THE POSITION OF DIRECTOR OF THE VARIOUS STATE RETIREMENT SYSTEMS AND MADE OBSOLETE BY PROVISIONS ADDED BY THIS ACT.
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Read the first time and referred to the Committee on Finance.
S. 618 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-60 SO AS TO PROVIDE THAT NO STATE APPROPRIATED FUNDS MAY BE USED TO PAY THE OPERATING EXPENSES OF THE GOVERNOR'S MANSION, AND TO PROVIDE THAT ALL FUNDS FOR THE OPERATING EXPENSES OF THE MANSION MUST COME FROM PUBLIC DONATIONS.
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Read the first time and referred to the Committee on Finance.
S. 619 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-15 SO AS TO PROVIDE THE CONDITIONS UPON WHICH A PERSON MAY EXAMINE OR OBTAIN A COPY OF A REPORT OF A BURGLARY OR A RELATED INVESTIGATIVE REPORT AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES A PROVISION CONTAINED IN THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 620 (Word version) -- Senators Ritchie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT.
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Senator RITCHIE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 621 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 44 SO AS TO PROVIDE THAT FEES GENERATED BY LOCAL HEALTH DEPARTMENTS MAY BE RETAINED BY THESE DEPARTMENTS FOR OPERATING EXPENSES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 622 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-250 SO AS TO PROVIDE THAT FIFTY PERCENT OF THE FUNDS APPROPRIATED TO THE DEPARTMENT OF SOCIAL SERVICES MUST BE EXPENDED FOR AWARDING GRANTS TO NONPROFIT AND FAITH-BASED ORGANIZATIONS TO ASSIST IN FULFILLING THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT, TO DISTRIBUTE THESE FUNDS TO COUNTY BOARDS OF SOCIAL SERVICES PROPORTIONATELY BASED ON POPULATION, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR SOLICITING AND AWARDING GRANTS.
l:\council\bills\nbd\11184ac03.doc
Read the first time and referred to the Committee on Medical Affairs.
S. 623 (Word version) -- Senator Reese: 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 41, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE "HARLEY DAVIDSON OWNERS" SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 624 (Word version) -- Senators Rankin, Elliott, McGill and Ravenel: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, UPON HIS DEATH.
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The Concurrent Resolution was adopted, ordered sent to the House.
Senator KNOTTS from the Committee on Judiciary submitted a majority favorable with amendment and Senator HAWKINS a minority unfavorable report on:
S. 19 (Word version) -- Senators Knotts, Hutto and Reese: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.
Ordered for consideration tomorrow.
Senator ELLIOTT from the Committee on Judiciary submitted a favorable with amendment report on:
S. 182 (Word version) -- Senators McConnell, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 54 ENACTING THE "SOUTH CAROLINA MARITIME SECURITY ACT", BY CREATING THE SOUTH CAROLINA MARITIME SECURITY COMMISSION, BY PROVIDING FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND BY PROVIDING THAT THE SOUTH CAROLINA NAVAL MILITIA MUST BE AN ORGANIZED, STRUCTURED, TRAINED, AND CERTIFIED VOLUNTEER STATE MARITIME FORCE.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
S. 563 (Word version) -- Senator Martin: A BILL TO AMEND ARTICLE 7, CHAPTER 15 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND ABSENTEE VOTING PRECINCTS, BY ADDING SECTION 7-15-456, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSES OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES TO THE APPLICABLE ELECTION AUTHORITY OVER AN ELECTRONIC MEDIUM USING THE INTERNET, AND TO PROVIDE FOR RELATED MATTERS; TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AUTHORIZED IN SECTION 7-15-456 AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-456, AS ADDED BY THIS ACT, EFFECTIVE DECEMBER 31, 2006.
Ordered for consideration tomorrow.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 563.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
S. 575 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING OF JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO AS TO PROVIDE FOR AN INCREASE IN THE NUMBER OF JURORS DRAWN FROM THE QUALIFIED ELECTORS OF THE AREA FROM NOT LESS THAN THIRTY NAMES TO NOT MORE THAN ONE HUNDRED NAMES IN ORDER TO HAVE A SUFFICIENT NUMBER OF JURORS FROM WHICH TO DRAW A JURY LIST, TO DELETE THE PROVISION RELATING TO PEREMPTORY CHALLENGES TO JURORS DRAWN FOR A SINGLE TRIAL; TO AMEND SECTION 22-2-80, AS AMENDED, RELATING TO SELECTION OF THE JURY LIST IN MAGISTRATES COURT, SO AS TO PROVIDE FOR A SELECTION OF NOT LESS THAN THIRTY BUT NOT MORE THAN ONE HUNDRED NAMES; TO AMEND SECTION 22-2-90, AS AMENDED, RELATING TO ADDITIONAL PROCEDURES FOR SELECTION OF JURY LIST IN COURT WHICH SCHEDULES TERMS FOR JURY TRIALS, SO AS TO PROVIDE FOR THE DRAWING OF A JURY LIST IN A MAGISTRATES COURT WHICH SCHEDULES TERMS FOR JURY TRIAL SO THAT NOT LESS THAN FORTY BUT NOT MORE THAN ONE HUNDRED JURORS' NAMES SHALL BE DRAWN TO SERVE ONE WEEK ONLY; TO AMEND SECTION 22-2-100, RELATING TO SELECTION OF PRIMARY AND ALTERNATE JURORS AND PEREMPTORY CHALLENGES, SO AS TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 22-2-120, RELATING TO SELECTION OF ADDITIONAL JURORS AT TIME OF TRIAL, SO AS TO PROVIDE THAT ADDITIONAL JURORS SHALL BE SELECTED FROM THE REMAINING NAMES OR IN THE MANNER PROVIDED IN SECTION 22-2-80 OR SECTION 22-2-100.
Ordered for consideration tomorrow.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 575.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution 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. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 222 (Word version) -- Senators Short and Leventis: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
S. 507 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING, TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYEES' RECORDS AND REPORTS OF INJURIES FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING.
S. 580 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO SOUTH CAROLINA PATIENTS' COMPENSATION FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2823, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 10 (Word version) -- Senators Ravenel, Mescher and Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
Senator RAVENEL 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.
Senators PINCKNEY and FORD proposed the following Amendment No. 1 (10-1-PINCKNEY), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2 of Act 340 of 1967, as last amended by Act 936 of 1970 is further amended to read:
"Section 2. The governing body of the Charleston County School District shall be a board of trustees which shall be composed of nine members, each of whom shall be a qualified elector of the area he represents. The initial members shall be appointed by the Governor upon the recommendation of a majority of the Charleston County Legislative Delegation. One member shall be appointed from that portion of the of the county included in Moultrie School District No. 2 and St. James Santee School District No. 1; three members shall be appointed from that portion of the county included in St. Andrews District No. 10, St. John's School District No. 9, St. Paul's School District No. 23, and James Island School District No. 3; three members shall be appointed from that portion of the county included in Cooper River School District No. 4; and two members shall be appointed from that portion of the county included in School district No. 20. Of the members first appointed, one shall be from each of the foregoing portions of the county, all of whom shall serve through December 31, 1970; one shall be appointed from the portion of the county included in School District No. 20, two from the portion of the county included in St. Andrews School District No. 10, St. John's School; District No, 9, St. Paul's School District No. 23, and James Island School District No. 3, and two from the portion of the county included in Cooper River School District No. 4, each of whom shall serve through December 31, 1972.
Upon the expiration of the term of each member, his successor shall be a qualified elector of the same area and shall be elected in the general election preceding such expiration date by the qualified electors of the entire county for a term of four years and until his successor is elected and qualified. In the event of a vacancy on the board, due to cause other than expiration of term, the vacancy shall be filled for the remainder of the unexpired term by appointment by the Governor upon the recommendation of a majority of the Charleston County Legislative Delegation.
The governing body of the Charleston County School District must be a board known as the Charleston County School Board. The board shall consist of nine members who, beginning with the 2004 General Election must be elected from single-member districts. The present members of the board of the district shall continue to serve until the time specified in this act, at which time the members of the board elected in the manner provided for in this act shall take office.
Except as otherwise provided herein, the members of the board must be elected at the general election beginning in 2004 for terms of four years. At the 2004 election, and to provide for staggered terms of office, members of the board must be elected from Districts 1, 3, 5, 7, and 9 for terms of four years and until their successors are elected and qualify. Members of the board must be elected from Districts 2, 4, 6, and 8 for terms of two years each and until their successors are elected and qualify. Successors to these members must be elected for four-year terms at the general election every two or four years thereafter as appropriate. All members of the board shall serve until their successors are elected and qualify. Nothing in this act shall be construed to alter the staggering of terms established by this section. The terms of the present members of the board shall expire when the members elected at the 2004 General Election qualify and take office.
At any election the candidate for each seat receiving a majority of the votes shall be deemed elected. If no candidate receives a majority of votes cast, there shall be a runoff election held within two weeks of the election between the two candidates receiving the greatest number of votes.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190, unless the vacancy occurs within nine months of the next general election.
For the purpose of electing members of the Charleston County School Board beginning in 2004, the School District of Charleston County is divided into nine single-member election districts as shown on the official map designated as S-19-00-03 (A) prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board, and as shown on certified copies of the official map provided to the State Election Commission and the Charleston County Election Commission by the Office of Research and Statistical Services. These single-member districts must be reapportioned by the General Assembly at the next census after the effective date of this act and every ten years thereafter based on the most recent census.
One member of the School Board of Charleston County must be elected from each of the nine single-member election districts established by law. Each member of the board must have been a legal resident of the district in which he is elected for a minimum of one year prior to the general election and must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of their candidacy with the county election commission at least thirty days before the date set for the election but not earlier than sixty days before an election. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, single-member election district in which the candidate resides, period of residence in the district, and such other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Charleston County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Charleston County."
SECTION 2. Act 340 of 1967 as further amended by Act 936 of 1970 is amended to by striking Section 2 A.
"Section 2 A. The election of the members of the board of trustees shall be nonpartisan and candidates for the board of trustees of the Charleston County School District shall be nominated by petition only filed with the county election commission prior to September first of each election year signed by not less than five hundred qualified resident electors of Charleston County, not less than two hundred fifty of whom shall also be residents of the area which the candidate nominated represents. Candidates so nominated shall be placed upon the ballot in the general election without any party designation and in alphabetic order." /
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator FORD explained the amendment.
Senator RAVENEL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:
Branton (1.31) Grooms (2.68) Kuhn (14.70) McConnell (25.54) Mescher (8.60) Ravenel (12.83)
Ford (22.89) Pinckney (11.46) *
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
By a weighted vote of 65.66 to 34.35, the amendment was laid on the table.
Senator FORD proposed the following Amendment No. 2 (GJK\ 20521SD03), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Notwithstanding any other provision of law, the governing body of the Charleston County School District must be a board known as the Charleston County School Board. The board shall consist of nine members who, beginning with the 2004 General Election, must be elected in partisan elections in the manner hereinafter specified in this act.
(B) Where a political party chooses to nominate its candidates by the primary election method, the dates of the primary election, and run-off election, if necessary, shall be the same as for other offices filled by that party at their primary. The election laws of this State also shall govern the manner in which the partisan elections for these offices shall be conducted, including selection of candidates, conduct of elections, declaration of results, and assumption of office. Nothing herein prevents a petition candidate from being included on the general election ballot in the manner allowed by law.
SECTION 2. The members of the board elected at the 2004 General Election shall take office as provided in Section 59-19-315, at which time the terms of the present members of the board shall expire.
SECTION 3. Except as otherwise provided herein, the members of the board must be elected at the general election beginning in 2004 for terms of four years. At the 2004 Election, and to provide for staggered terms of office, members of the board must be elected from Districts 1, 3, 5, 7, and 9 for terms of four years and until their successors are elected and qualify. Members of the board must be elected from Districts 2, 4, 6, and 8 for terms of two years each and until their successors are elected and qualify. Successors to these members must be elected for four-year terms at the general election every two or four years thereafter as appropriate. All members of the board shall serve until their successors are elected and qualify. Nothing in this act shall be construed to alter the staggering of terms established by this section.
At any election the candidate for each seat receiving a majority of the votes shall be deemed elected. Except for the general election, if no candidate receives a majority of votes cast, there shall be a runoff election held two weeks thereafter between the two candidates receiving the greatest number of votes.
The members of the board of trustees shall meet within ten days of their election and shall organize by electing from their number a chairman, vice chairman, and such other officers as they deem necessary. The member elected chairman shall serve as chairman for a term of one year, provided that no chairman is eligible to serve more than two consecutive terms as chairman. All meetings of the board of trustees shall be held in the Office of the Superintendent of Education for the School District of Charleston County or in another location within the county after proper notice to the public. If they so choose, the members of the board shall receive a per diem allowance of twenty-five dollars for meetings actually attended, not exceeding thirty-six meetings in any calendar year, and mileage at the rate established by the Internal Revenue Code for each mile of travel from the place of his residence to and from the meetings. A majority of the board members shall constitute a quorum. Any member who is absent from five consecutive meetings of the board without just cause may be removed from the board upon a majority vote of the members.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190, unless the vacancy occurs within nine months of the next general election.
SECTION 4. For the purpose of electing members of the Charleston County School Board beginning in 2004, the School District of Charleston County is divided into nine single-member election districts as shown on the official map designated as S-19-00-03(A) prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies of the official map provided to the State Election Commission and the Charleston County Election Commission by the Office of Research and Statistical Services. These single-member districts must be reapportioned by the General Assembly at the next census after the effective date of this act and every ten years thereafter based on the most recent census.
SECTION 5. One member of the School Board of Charleston County must be elected from each of the nine single-member election districts established by law. Each member of the board must have been a legal resident of the district in which he is elected for a minimum of one year prior to the general election and must be elected by the qualified electors of that district.
The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Charleston County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Charleston County.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator FORD explained the amendment.
Senator RAVENEL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:
Branton (1.31) Grooms (2.68) Kuhn (14.70) McConnell (25.54) Mescher (8.60) Ravenel (12.83)
Ford (22.89) Pinckney (11.46) *
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
By a weighted vote of 65.66 to 34.35, the amendment was laid on the table.
The question then was the third reading of the Bill.
Senator FORD argued contra to the third reading of the Bill.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER OR SEWER SERVICE MUST BE APPROVED BY THE COUNTY BOARD BY RESOLUTION.
S. 594 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO INSPECTIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 595 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FEE STRUCTURES FOR ANNUAL PERMITS AND LIABILITY INSURANCE REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2810, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 94 (Word version) -- Senators Anderson, Elliott, Reese and Knotts: A BILL TO AMEND SECTION 7-7-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS, SO AS TO REQUIRE A VOTER TO BE NOTIFIED OF HIS TRANSFER TO A NEW PRECINCT AND OF HIS TRANSFER TO A NEW ELECTION DISTRICT FOR A SPECIAL PURPOSE DISTRICT, SCHOOL DISTRICT, MUNICIPALITY, COUNTY, THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, OR THE SOUTH CAROLINA SENATE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ANDERSON proposed the following amendment (JUD0094.005):
Amend the bill, as and if amended, page 2, beginning on line 29, in Section 7-7-950, as contained in SECTION 3, by striking lines 29 and 30 and inserting therein the following:
/ thirty days before the date of the next election held in the precinct." /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER objected to further consideration of the Bill.
S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
The Concurrent Resolution was adopted, ordered sent to the House.
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority Board, with term to commence February 28, 2003, and to expire June 30, 2009
Mr. Abe Moscow, 4740 Hwy. 278, Barnwell, SC 29812
VICE Jackie Ramsey
Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority Board, with term to commence October 21, 2002, and to expire October 21, 2006
Mr. Dan Cannady, 258 Parkwood Terrace, P. O. Box 301, Allendale, SC 29810 VICE Carl Gooding
On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Marvell W. "Blue Eyes" Goza of Mayesville, S.C., 96 years old, who was a farmer for the past 60 years and passed away on Tuesday, April 8, 2003.
At 11:51 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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