South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Printed Page 1899 . . . . . Tuesday, April 13, 2004

Tuesday, April 13, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of St. Paul to the Corinthians... his second letter, Chapter 4:18:

"The things which are seen are temporal, but the things which are not seen are eternal."
Let us pray.

Father, You are the Light of our days. You are the Hope of our ways.

We are getting more bad news from the war zones of the Middle East.

We need help beyond our armed might!

Evil in our world is being compounded!

More of our youth are suffering and dying in a senseless war... out of control.

Bless and guide our President and his advisors... and
especially the United States Marines!
AMEN!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator RITCHIE, at 12:05 P.M. Senator KUHN was granted a leave of absence for today.

Leave of Absence

At 12:05 P.M., Senator FORD requested a leave of absence from 6:00 - 10:00 P.M. today, Wednesday and Thursday.

Printed Page 1900 . . . . . Tuesday, April 13, 2004

Leave of Absence

At 12:15 P.M., Senator RYBERG requested a leave of absence from 8:00 A.M. - 4:00 P.M. on Wednesday.

Leave of Absence

At 12:20 P.M., Senator HUTTO requested a leave of absence beginning at 6:00 P.M. on April 21, 2004, and lasting until 9:00 A. M. Thursday, April 22, 2004.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1147 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1148 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY

Printed Page 1901 . . . . . Tuesday, April 13, 2004
AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON CERTAIN NEW AND RENEWAL REGISTRATIONS; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT ONCE A MOTOR VEHICLE BECOMES UNINSURED, THE VEHICLE OWNER MUST OBTAIN NEW INSURANCE OR SURRENDER HIS VEHICLE REGISTRATION AND LICENSE PLATE, SO AS TO PROVIDE THAT A PERSON'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN HIS MOTOR VEHICLE BECOMES UNINSURED; TO AMEND SECTION 56-10-640, RELATING TO THE MOTORIST INSURANCE DATABASE PROGRAM, SO AS TO PROVIDE THAT THE WORKING GROUP SHALL ISSUE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF THE PROGRAM AND ISSUE ANNUAL REPORTS ON THE PROGRAM'S EFFECTIVENESS; TO AMEND SECTION 56-10-650, RELATING TO THE SUSPENSION OF THE LICENSE PLATE OF AN UNINSURED MOTOR VEHICLE, SO AS TO REVISE THE PERIOD OF TIME A PERSON MUST VERIFY THAT HIS MOTOR VEHICLE IS INSURED OR EXEMPT FROM THE FINANCIAL SECURITY REQUIREMENTS BEFORE HIS DRIVING PRIVILEGES AND VEHICLE LICENSE PLATES WILL BE SUSPENDED; TO AMEND SECTION 38-55-50, RELATING TO THE PROVISIONS THAT PROHIBIT DISCRIMINATION IN THE OFFERING OF INSURANCE POLICIES, SO AS TO PROVIDE THAT A LICENSED AGENT OR BROKER MAY CHARGE CERTAIN ADMINISTRATIVE FEES FOR INCIDENTAL SERVICES TO CERTAIN INDIVIDUALS ASSOCIATED WITH UNINSURED MOTORIST RELATED TRANSACTIONS AND THE
Printed Page 1902 . . . . . Tuesday, April 13, 2004
ELECTRONIC REPORTING OF INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 38-77-340, RELATING TO AGREEMENTS TO EXCLUDE NATURAL PERSONS FROM INSURANCE COVERAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING THESE AGREEMENTS.
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Read the first time and referred to the Committee on Transportation.

S. 1149 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO BARRIER FREE DESIGN, BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1150 (Word version) -- Senators Setzler, Knotts and Cromer: A BILL TO AMEND SECTION 6-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF RURAL COMMUNITY WATER DISTRICTS, SO AS TO REVISE THE NUMBER OF MEMBERS OF THE BOARD.
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Read the first time and, on motion of Senator SETZLER, with unanimous consent, S. 1150 was ordered placed on the Calendar without reference.

S. 1150--Ordered to a Second and Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 1150 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5090 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHESTER HIGH SCHOOL "LADY CYCLONES" BASKETBALL TEAM AND THEIR HEAD COACH, ZEKE WASHINGTON, ON

Printed Page 1903 . . . . . Tuesday, April 13, 2004
WINNING THE 2004 AAA STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.
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The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 1025 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.

Ordered for consideration tomorrow.

CARRIED OVER

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO

Printed Page 1904 . . . . . Tuesday, April 13, 2004
PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over, not to be taken up for consideration prior to Tuesday, April 20, 2004.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

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. 5034 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 906 (Word version) -- Senators Matthews, Hutto and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-90 SO AS TO AUTHORIZE THE

Printed Page 1905 . . . . . Tuesday, April 13, 2004
SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES TO USE THE PROVISIONS OF CHAPTER 2, TITLE 28 (EMINENT DOMAIN) TO ACQUIRE LAND FOR WHICH FUNDS ARE PROVIDED BY THE GENERAL ASSEMBLY.

S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the Third Reading Calendar:

H. 4650 (Word version) -- Harrison, McLeod, Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA BY ADDING MULTIPLE CHAPTERS AND ARTICLES TO TITLES 33, 36, 38 AND 39, PROVIDING FOR, AMONG OTHER MATTERS, PROCEDURES FOR THE DOMESTICATION OF FOREIGN CORPORATIONS IN SOUTH CAROLINA; PROCEDURES FOR MERGERS WITH OTHER ENTITIES OF PARTNERSHIPS AND

Printed Page 1906 . . . . . Tuesday, April 13, 2004
LIMITED PARTNERSHIPS; PROCEDURES FOR CONVERSIONS OF PARTNERSHIPS AND LIMITED PARTNERSHIPS TO CORPORATIONS; CIRCUMSTANCES UNDER WHICH FOREIGN CORPORATIONS ARE NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN SOUTH CAROLINA; A REQUIREMENT THAT A TRANSFEROR OF A SECURITY FOR VALUE MUST PROVIDE DOCUMENTS NECESSARY FOR REGISTRATION OF THE SECURITY; TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP OR OTHER ENTITY AMONG THE LIST OF ENTITIES WITH WHICH A CORPORATION MAY MERGE; TO INCREASE THE TIME FOR ENFORCING UNKNOWN CLAIMS AGAINST A CORPORATION TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO PROVIDE FOR MERGERS BETWEEN NONPROFIT CORPORATIONS WITH DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, PARTNERSHIPS, LIMITED PARTNERSHIPS, OR OTHER ENTITIES, TO INCLUDE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE AS AN ACTIVITY NOT CONSIDERED THE TRANSACTION OF BUSINESS IN SOUTH CAROLINA; AND TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE CAN ACT IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY. (ABBREVIATED TITLE)

S. 821 (Word version) -- Senators Short and Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.

S. 1043 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH

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CAROLINA, 1976, RELATING TO DISSOLUTION OF A MILITARY FACILITIES REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT AN ADOPTED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCE OBLIGATIONS ADOPTED PURSUANT TO THE PLAN REMAIN IN PLACE UPON THE DISSOLUTION OF THE AUTHORITY UNTIL ADOPTION OF A MUNICIPAL ORDINANCE FINALLY DISSOLVING THE TAX ALLOCATION FUND AND TERMINATING THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO THE ISSUANCE OF OBLIGATIONS FOR A MILITARY FACILITIES REDEVELOPMENT PROJECT BY A MUNICIPALITY, SO AS TO PROVIDE THAT THE OBLIGATIONS MAY BE ISSUED WITHIN FIFTEEN YEARS OF THE MUNICIPALITY'S CONCURRENCE IN THE REDEVELOPMENT PLAN; TO AMEND SECTION 31-12-270, AS AMENDED, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY CONCURRING IN THE MILITARY FACILITIES REDEVELOPMENT PLAN, SO AS TO PROVIDE FOR THE TIME PERIOD BY WHICH AN ORDINANCE MUST BE ADOPTED IN WHICH THE TAX ALLOCATION FUND IS DISSOLVED AND THE REDEVELOPMENT PROJECT AREA'S DESIGNATION IS TERMINATED; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO THE TAX ALLOCATION FUND AND THE CARRY FORWARD OF UNEXPENDED FUNDS, SO AS TO PROVIDE THAT FUNDS CARRIED FORWARD MAY BE USED ON MILITARY FACILITIES REDEVELOPMENT PROJECT COSTS; AND TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO THE CERTIFICATION OF THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF TAXABLE PROPERTY WITHIN A MILITARY FACILITIES REDEVELOPMENT PROJECT AREA, SO AS TO PROVIDE FOR TIME PERIODS BY WHICH THE VALUE MUST BE DETERMINED AND TO REQUIRE COOPERATION AMONG OFFICIALS IN MAKING THAT DETERMINATION.

Senator ALEXANDER explained the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 997 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 16-17-420 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CHANGE THE MISDEMEANOR PENALTY FOR BEING FOUND

Printed Page 1908 . . . . . Tuesday, April 13, 2004
GUILTY OF INTERFERING WITH OR DISTURBING STUDENTS OR TEACHERS, LOITERING, OR ACTING OBNOXIOUS ON THE GROUNDS OF ANY SCHOOL OR COLLEGE IN THIS STATE OR BEING ON THE PREMISES WITHOUT PERMISSION EXCEPT ON BUSINESS TO A FINE OF NOT LESS THAN $100 NOR MORE THAN $1,000 OR IMPRISONMENT IN A COUNTY JAIL FOR NOT MORE THAN THIRTY DAYS.

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 (JUD0997.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, in Section 16-17-420(1), as contained in SECTION 1, by striking the word /unnecessarily/ and inserting the word /     intentionally   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1058 (Word version) -- Senators Martin and Richardson: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR A CHANGE OF A MINOR CHILD'S NAME, SO AS TO PROVIDE THAT A FAMILY COURT JUDGE MAY APPOINT A GUARDIAN AD LITEM AND TO PROVIDE AN EXCEPTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

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The Committee on Judiciary proposed the following amendment (JUD1058.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 34, in Section 15-49-10(B), as contained in SECTION 1, by striking (B)(2) and (3) in their entirety and inserting therein the following:

/   (2)   The Except as provided in item (3), the court shall appoint a guardian ad litem to represent the child.

(3)   In cases where the parents (a) are the parties to the action and (b) agree that the appointment of a guardian ad litem is not necessary, the court may, in its discretion, determine that it is not in the best interest of the child to appoint a guardian ad litem. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 1103 (Word version) -- Senators Peeler, Hayes and Gregory: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Printed Page 1910 . . . . . Tuesday, April 13, 2004

The Committee on Transportation proposed the following amendment (GJK\21160SD04), which was adopted:

Amend the bill, as and if amended, by striking by striking all after the enacting words and inserting:

/SECTION   1.   Section 56-3-8600 of the 1976 Code, as added by Act 104 of 2001, is amended to read:

"Section 56-3-8600.   (A)   The Department of Motor Vehicles may issue 'Ducks Unlimited' special motor vehicle license plates to members of Ducks Unlimited for owners of private passenger carrying motor vehicles or light pickup trucks having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on them an emblem, seal, or symbol of the South Carolina Ducks Unlimited State Committee. The South Carolina Ducks Unlimited State Committee must submit to the department for its approval the emblem, seal, or symbol it wishes to display on the plates. The South Carolina Ducks Unlimited State Committee must submit to the department written authorization for use of any copy righted or registered logos, trademarks, or designs. The South Carolina Ducks Unlimited State Committee may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for this special license the plate must be is the regular motor vehicle license registration fee contained in Article 5, Chapter 3 of this title that must be deposited in the state general fund and the a special motor vehicle license fee required by Section 56-3-2020 that must be deposited with the department of forty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected, pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing this license plate and administering the plates. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina. Any remaining funds must be administered by the South Carolina Ducks Unlimited State Committee and deposited in an appropriate nonprofit

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account designated by the South Carolina Ducks Unlimited State Committee.

(B)(C)   Before the Department of Motor Vehicles department produces and distributes a special license plate pursuant to authorized under this section, it must receive:

(1)   four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license the plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2)   a plan to market the sale of the special license plate which must be approved by the department.

(C)(D)   If the department receives less than three hundred biennial applications and renewals for a particular special license the plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 1041 (Word version) -- Senators Martin and Ritchie: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO REPEAL A PROVISION

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WHICH PROHIBITS WRITE-IN VOTES IN SPECIAL ELECTIONS AND MUNICIPAL GENERAL ELECTIONS.

H. 4686 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME IN A CASE DOES NOT EXCEED FOR IT TO BE TRANSFERRED FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT.

Senator RITCHIE explained the Bill.

H. 5035 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator ALEXANDER explained the Joint Resolution.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE

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PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.

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 (JUD0965.002), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 20-7-7205(B) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(B)   When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour by telephone or to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:

(1)   the facts of the offense;

Printed Page 1914 . . . . . Tuesday, April 13, 2004

(2)   the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60, the child may be released only by the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."

SECTION   2.   Section 20-7-7405 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-7405.   The Department of Juvenile Justice shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the department in cooperation with all local officials or agencies concerned. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the family court. Recommendations by the department as to intake must be reviewed by the office of the solicitor in the circuit concerned, and the final determination as to whether or not the juvenile is to be prosecuted in the family court must be made by the solicitor or by the solicitor's authorized assistant. Statements of the juvenile contained in the department's files must not be furnished to the solicitor's office as part of the intake review procedure nor shall, and the solicitor's office must not be privy to these statements in connection with its intake review. Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the family court to be in violation of the terms of probation, the intake counselor shall offer appropriate dispositional recommendations to the family court for its consideration and determination of the disposition of the case. The department's policies and procedures for the provision of intake services must be reviewed by and subject to the approval of the Board of Juvenile Parole."

SECTION   3.   Section 20-7-7810(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

Printed Page 1915 . . . . . Tuesday, April 13, 2004

"(C)   The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, first shall order a community evaluation or temporarily shall commit the child to the Department of Juvenile Justice for not more than forty-five days for evaluation, and the. A community evaluation is equivalent to a residential evaluation, but it is not required to include all components of a residential evaluation. However, in either evaluation the department shall make a recommendation to the court on the appropriate disposition of the case and shall submit that recommendation to the court before final disposition. The court may waive in writing temporary commitment for the evaluation of the child and proceed to issue final disposition in the case if the child:

(1)   has been evaluated by a center previously received a residential evaluation or a community evaluation and the evaluation is available to the court;

(2)   has been within the past year temporarily or finally discharged or conditionally released for parole from a correctional institution of the department, and the child's previous evaluation or other equivalent information is available to the court; or

(3)   receives a determinate commitment sentence not to exceed ninety days."

SECTION   4.   Section 20-7-1335 of the 1976 Code is repealed.

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW

Printed Page 1916 . . . . . Tuesday, April 13, 2004
ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (GJK\21161SD04), which was adopted:

Amend the bill, as and if amended, in Section 56-10-45 of the 1976 Code, as contained in SECTION 1, by striking subsection (D) and inserting:

/     (D)   When a law enforcement officer confiscates a license plate, he shall leave a notice prominently displayed on the vehicle or with the operator of the vehicle at the time of confiscation that contains his name and law enforcement agency, the date the license plate was confiscated, and the reason it was confiscated. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN

Printed Page 1917 . . . . . Tuesday, April 13, 2004
EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.

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 (H-4420 COMMITTEE AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2 by striking line 38 and inserting:

/     equal to the greater of one thousand dollars or ten percent of the tax   /

Amend further, page 3 by striking line 6 and inserting:

/   not less than one thousand dollars nor more than ten thousand/

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, passed and ordered to a third reading.

OBJECTION

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED

Printed Page 1918 . . . . . Tuesday, April 13, 2004
PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

Senator MALLOY objected to taking the Bill up for consideration.

ADOPTED

H. 5030 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY THAT PASSES THROUGH THE TOWN OF ST. MATTHEWS, THE "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE SOUTH CAROLINA HIGHWAY 6 CROSSES THE ST. MATTHEWS TOWN LIMIT CONTAINING THE WORDS "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5021 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NORTH CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 72 WEST IN LAURENS COUNTY, THE "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE".

Printed Page 1919 . . . . . Tuesday, April 13, 2004

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

On motion of Senator CROMER, with unanimous consent, the Bill was carried over.

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned in memory of Mr. Robert E. (Bob) Dye of Easley, S.C.

ADJOURNMENT

At 12:33 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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