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.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we have many problems - so did Paul in Corinth (Second Letter 8:21f.) Hear him:
"For we intend to do what is right not only in the Lord's sight but also in the sight of others."
Let us pray.
Father, we note that Isaiah did not fare so well. We hear him wail (56:10):
"Israel's sentinels are blind; they are all without knowledge; they are all silent dogs that cannot bark... The shepherds (rulers) also have no understanding; they have all turned to their own way, to their own gain, one and all."
Give us the spirit of St. Paul when he said, "As for Titus, he is my partner and co-worker in your service."
Heavenly Father, help us find a path, in the twilight of our differences, that leads to a synthesis with which we all can live together!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator McCONNELL with unanimous consent, the Senate agreed that, when the Senate adjourns on Friday, February 21, 2003, it stand adjourned to meet at 12:00 Noon on Tuesday, February 25, 2003.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session after the completion of the Call of the Uncontested Calendar.
Senator WALDREP rose for an Expression of Personal Interest.
Senator WALDREP introduced Dr. Marshall Meadors of Anderson, S.C., Doctor of the Day.
The following were introduced:
S. 403 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1 OF TITLE 1 SO AS TO PROHIBIT A PUBLIC INSTITUTION OF HIGHER LEARNING OR POLITICAL SUBDIVISION OF THIS STATE FROM OWNING OR OPERATING A HOTEL OR RESORT, AND TO PROVIDE DEFINITIONS AND EXCEPTIONS, AND TO GIVE THIS PROHIBITION PROSPECTIVE EFFECT.
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Read the first time and referred to the Committee on Judiciary.
S. 404 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 1, TITLE 1 SO AS TO REQUIRE CONSTITUTIONAL OFFICERS TO OBTAIN A CONCEALED WEAPONS PERMIT.
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Read the first time and referred to the Committee on Judiciary.
S. 405 (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, IF THE GOVERNOR OR LIEUTENANT GOVERNOR DOES NOT ACCEPT PROTECTION FROM THE STATE LAW ENFORCEMENT DIVISION, HE MUST RELINQUISH THE DUTIES OF HIS OFFICE UNLESS HE HOLDS A CURRENT CONCEALED WEAPONS PERMIT.
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Read the first time and referred to the Committee on Judiciary.
S. 406 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21
Read the first time and referred to the Committee on Judiciary.
S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
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, TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT.
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Senator COURSON spoke on the Resolution.
Read the first time and, on motion of Senator COURSON, with unanimous consent, S. 408 was ordered placed on the Calendar without reference.
On motion of Senator COURSON, with unanimous consent, S. 408 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF NONPROFIT ORGANIZATIONS to attend a reception at the Capital City Club on Tuesday, March 4, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the GEORGETOWN COUNTY CHAMBER OF COMMERCE to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 5, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF CONSERVATION DISTRICTS to attend a reception and quail/catfish dinner at Seawell's on Wednesday, February 5, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC VOCATIONAL REHABILITATION ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, March 6, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ELECTRIC COOPERATIVES OF SC, INC. to attend a luncheon at the Carolina Center on Tuesday, March 11, 2003, upon adjournment and lasting until 2:30 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CITY OF FLORENCE, FLORENCE COUNTY, and FLORENCE COUNTY PROGRESS, INC. to attend a reception at the Columbia Museum of Art on Tuesday, March 11, 2003, from 6:00 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander
Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANTIES to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 12, 2003, from 8:00 until 10:30 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SCHOOL BOARDS ASSOCIATION and the SC ASSOCIATION OF SCHOOL ADMINISTRATORS to attend a luncheon at the Clarion Town House on Wednesday, March 12, 2003, from 12:30 until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SUMMARY COURT JUDGES ASSOCIATION to attend a reception at Seawell's on Wednesday, March 12, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ALLIANCE FOR SOUTH CAROLINA'S CHILDREN to attend a drop-in breakfast in Room 221 Blatt Bldg. on Thursday, March 13, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
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 ordered sent to the House of Representatives:
S. 341 (Word version) -- Finance Committee: A BILL 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 AND THE BOARD'S OFFICERS AND EMPLOYEES 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 IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION
S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A
By prior motion of Senator RYBERG, with unanimous consent
S. 79 (Word version) -- Senator Alexander: A BILL TO REPEAL SECTION 6-8-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION WITHOUT EXAMINATION
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
By prior motion of Senator MARTIN, with unanimous consent
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
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.
S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976,
S. 218 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, SO AS TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (PT\1261MM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 40-54-10 of the 1976 Code is amended to read:
"Section 40-54-10. As used in this chapter:
(1) 'Business' means the purchase of precious metal or precious or semiprecious stones or gems for profit.
(1)(2) 'Dealer' means any person, corporation, or partnership who buys precious metal or precious or semiprecious stones or gems from
(2)(3) 'Precious metal' means any article made in whole or in part of gold, silver, or platinum.
(3)(4) 'Precious or semiprecious stone or gem' means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious.
(4)(5) 'Local law enforcement agency' means the chief of police for businesses located within the corporate limits of a municipality and the county law enforcement agency for businesses located outside the corporate limits of a municipality.
(5)(6) 'Permanent place of business' means a fixed premises either owned by the dealer or leased by him. One year's lease is a presumption of permanency.
(6)(7) 'Places proposed to do business' means the counties or municipalities in which the dealer intends to purchase precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems.
(7)(8) 'Purchase' means the acquisition of precious metal or precious or semiprecious stones or gems or both precious metal and precious or semiprecious stones or gems for a consideration of cash, goods, or other precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. Trade-ins are covered by the provisions of this chapter unless the item traded was purchased directly from the dealer allowing the trade.
(9) 'Seller' means a member of the general public making a sale or offer of sale of precious metal or precious or semiprecious stones or gems."
SECTION 2. The first two undesignated paragraphs of Section 40-54-20 of the 1976 Code are amended to read:
"No A dealer as defined herein shall may not operate a business in the State of South Carolina unless he first obtains a permit from the local law enforcement agency to engage in the business of purchasing precious metals from the local law enforcement agency and operates only from a permanent place of business. No A dealer shall may not operate upon public property nor or from a vehicle, flea market, hotel room, or similar temporary location.
The form of the permit to engage in the business of purchasing precious metals shall must be prescribed by the State Law Enforcement Division and all applicants for a permit under this chapter, whether a
SECTION 3. The first undesignated paragraph of Section 40-54-40 of the 1976 Code is amended to read:
"Every A dealer shall keep a book in which must be written at the time of any a purchase of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase, amount of money or other property exchanged for the metal, stones, or gems, the name, sex, race, age, address, and driver's license number of the person selling the items, articles, or things bought, and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks. If the seller does not have a driver's license, some other another positive identification bearing his photograph and an identifying number may be substituted. If the seller cannot is unable to produce a driver's license or other positive identification, the dealer may not buy any merchandise make a purchase from him. Every dealer shall, at the time of purchase, At the time of purchase, a dealer shall obtain the signature of the seller as part of the recording of the transaction."
SECTION 4. Section 40-54-50 of the 1976 Code is amended to read:
"Section 40-54-50. (A) No A dealer may not make a purchase any precious metal from a minor unless the minor is accompanied by his parent or guardian with appropriate identification.
(B) All precious metals purchased purchases made by a dealer shall must be held by the dealer at his permanent place of business or at another suitable location in the State of South Carolina without being resold, melted, or altered in any manner, for a period of seven days from the purchase date. All goods required to be held under pursuant to this section shall must be open at all reasonable times be open to inspection by any an law enforcement agency."
SECTION 5. Section 40-54-60 of the 1976 Code is amended to read:
"Section 40-54-60. Possession of equipment which has been used, or is being used, for the melting, crushing, or altering other alteration of the precious metals, stones, or gems is unlawful unless possessed by a dealer with a valid permit as provided in Section 40-54-20."
SECTION 6. Section 40-54-70 of the 1976 Code is amended to read:
"Section 40-54-70. (A) A dealer may not make a purchase from a seller if there is evidence of ownership by a third party without first taking reasonable steps to ascertain its true ownership. A dealer must return an item so purchased, on demand and without a fee, to the third party owner.
(B) Any A dealer buying precious metal making a purchase with knowledge that the metal, stone, or gem has been stolen shall be is liable to the lawful owner of such the metal, stone, or gem in an amount triple the fair market value of the stolen items item, computed at the time of the theft, and shall be is liable for a reasonable attorney's fee as the court in its discretion may award. This shall be a civil remedy and is in addition to any other civil and criminal remedies provided by the law.; Provided, any except that a dealer, having purchased precious metal made a purchase in compliance with the provisions of this chapter, such metal subsequently and it being shown later to have been stolen by a member of the immediate family of the rightful owner, may demand reimbursement from the owner equal to the amount paid for the metal item before returning the metal item to the owner."
SECTION 7. Section 40-54-90 of the 1976 Code is amended to read:
"Section 40-54-90. The provisions of this chapter shall regulate the business of purchasing precious metals and precious or semi-precious stones or gems in this State and shall preempt any ordinances passed by political subdivisions purporting to regulate such the business."
SECTION 8. Section 40-54-100 of the 1976 Code is amended to read:
"Section 40-54-100. This chapter shall not apply to the following specific transactions:
(1) a transaction between dealers of precious metals where if the selling dealer has already complied with the seven-day holding period, nor shall they apply or to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions.;
(2) the purchase of manufactured items bought directly from the manufacturer or his authorized representatives.;
(3) the purchase of bulk precious metals brought purchases made directly from the commodity exchanges, banks, dealers, or licensed brokers."
SECTION 9. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be
SECTION 10. This act takes effect upon approval of the Governor and applies to purchases made after that date. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER 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 with notice of general amendments.
H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senators McCONNELL and SHORT proposed the following amendment (GJK\20229SD03), which was adopted:
Amend the joint resolution, as and if amended, by adding a new paragraph at the end of SECTION 1 to read:
/ Nothing herein shall be construed to disqualify as untimely filed any application filed during the annual application period pursuant to Paragraph 63.61, Part IB of Act 289 of 2002 by employees who adopted a child during the period March 1, 2002, through June 30, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
S. 395 (Word version) -- Senators Hayes, Gregory, Short and Peeler: A BILL TO AMEND ACT 469 OF 2000, RELATING TO SCHOOL DISTRICT 1 OF YORK COUNTY, SO AS TO REVISE THE DATE ON WHICH ELECTED MEMBERS OF THE BOARD SHALL TAKE OFFICE.
By prior motion of Senator HAYES
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.
Senator RITCHIE explained the Joint Resolution.
S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (NBD\11262AC03), which was adopted:
Amend the bill, as and if amended, Section 1-11-730(D), page 2, beginning on line 3 by deleting /without a work-related disability and/
Amend the bill, further, Section 1-11-730(E), page 2, line 10 after /duty/ by inserting /after December 31, 2001,/
Renumber sections to conform.
Amend title to conform.
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.
S. 184 (Word version) -- Senators McConnell, Holland and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS
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 (JUD0184.001), which was adopted:
Amend the bill, as and if amended, page 2, line 37, in Section 16-3-750, as contained in SECTION 1, by striking /contact/ and inserting / battery /.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 164 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator GREGORY asked unanimous consent to recommit the Bill to the Committee on Fish, Game and Forestry, retaining its place on the Calendar.
There was no objection.
Objections were placed on the following Bills:
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.
Senator MARTIN objected to further consideration of the Bill.
S. 6 (Word version) -- Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin: A BILL TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; 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 PROVIDE AN EXCLUSION.
Senator MARTIN objected to further consideration of the Bill.
The following Bills were carried over:
S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3615 (Word version) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE 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.
Senator VERDIN asked unanimous consent to make a motion that the Joint Resolution be recalled from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the Committee on Education.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator VERDIN, with unanimous consent, the Joint Resolution was read the second time, passed and ordered to a third reading.
At 11:40 A.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.
At 11:42 A.M., the Senate resumed.
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Juvenile Justice, with term coterminous with Governor
William R. Byars, Jr., 200 Hunt Trace, Camden, S.C. 29020 VICE Gina E. Wood
Having received a favorable report from the Committee on Corrections and Penology, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Corrections, with term coterminous with Governor
Jonathan E. Ozmint, 3600 Overcreek Road, Columbia, S.C. 29206 VICE Gary D. Maynard
Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Labor, Licensing and Regulation, with term coterminous with Governor
Adrienne R. Youmans, 37 Running Fox Road, Columbia, S.C. 29223 VICE Rita M. McKinney
On motion of Senator ANDERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Helen Lenhardt of Greenville, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, February 21, 2003, it stand adjourned to meet next Tuesday, February 25, 2003, at 12:00 Noon, which motion was adopted.
At 11:43 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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