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, sometimes we have a fellow feeling with the Psalmist.
Psalm 55:5-7:
"Fear and trembling come upon me... And I say, "O that I had wings like a dove! I would fly away and be at rest; truly, I would flee far away; I would lodge in the wilderness."
Let us pray.
Father, when we are tempted, as the Psalmist, to flee the arena of troubled life, call us back and remind us that our place is not in flight but, perhaps, in a struggle! Not in withdrawal, but in dizzy involvement! Not in some sequestered quiet place, but in the very midst of a world of troubled people.
Make us humble enough to be teachable, and receptive enough to be channels through which You, O blessed Lord, may do marvelous things before our very eyes.
So, lift up our hearts!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
At-Large
Charles F. Crump, 217 Covington Road, Greenville, S.C. 29617
Senator LEVENTIS introduced Dr. Gene Dickerson of Sumter, S.C., Doctor of the Day.
At 11:10 A.M., Senator MOORE requested a leave of absence for the balance of the day.
At 11:15 A.M., Senator SETZLER requested a leave of absence from 5:30 - 7:30 P.M. on Wednesday, March 17, 2004.
Senator KNOTTS rose for an Expression of Personal Interest.
The following were introduced:
S. 1050 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 17, 2004, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 17, 2004, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1051 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 39-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT ARE PROHIBITED WITH REGARD TO ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO CLARIFY THAT A SECTION APPLIES TO A FOOD OR COSMETIC AND TO PROHIBIT MANUFACTURING, PROCESSING, OR PACKING FOOD WITHOUT A VALID PERMIT; BY ADDING SECTION 39-25-115 SO AS TO PROVIDE THAT THE COMMISSIONER SHALL PROMULGATE REGULATIONS PROVIDING FOR PERMITS TO BE ISSUED TO MANUFACTURERS, PROCESSORS, OR PACKERS IF THE COMMISSION FINDS THAT THE FOOD MAY BE HARMFUL TO HEALTH, TO PROVIDE CONDITIONS FOR THE PERMITS, AND TO PROVIDE THAT AN OFFICER OR EMPLOYEE DESIGNATED BY THE COMMISSIONER SHALL HAVE ACCESS TO ANY FACTORY OR ESTABLISHMENT FOR CERTAIN PURPOSES; TO AMEND SECTION 39-25-180, RELATING TO REGULATIONS REGARDING ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO ADOPT THE FEDERAL REGULATIONS ISSUED RELATING TO GOOD MANUFACTURING, THERMALLY PROCESSED LOW-ACID FOODS PACKAGED IN HERMETICALLY SEALED CONTAINERS, ACIDIFIED FOODS, AND FISH AND FISHERY PRODUCTS; TO AMEND SECTION 39-25-190, RELATING TO THE COMMISSIONER'S AUTHORITY TO ENTER AND INSPECT PREMISES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DO ANALYTICAL WORK, PERFORM LABORATORY SERVICES, AND ESTABLISH AND COLLECT REASONABLE FEES FOR THE LABORATORY SERVICES REGARDING FOOD SAFETY; AND BY ADDING SECTION 39-25-220 SO AS TO ALLOW THE COMMISSIONER TO PROMULGATE REGULATIONS AND ADOPT RULES AND STANDARDS FOR THE LABELING AND CERTIFICATION USING THE "SOUTH CAROLINA QUALITY" LABEL.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1052 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT LISTS OF PERSONS WHO HAVE APPLIED FOR OR WHO HAVE BEEN GRANTED CONCEALED WEAPONS PERMITS BY THE STATE LAW ENFORCEMENT DIVISION ARE EXEMPT FROM DISCLOSURE AND MAY NOT BE DISCLOSED UNDER THIS ACT.
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Read the first time and referred to the Committee on Judiciary.
S. 1053 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1054 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE MEMBERS OF THE 2003 GAFFNEY HIGH SCHOOL FOOTBALL TEAM AND HEAD COACH PHIL STRICKLAND FOR THEIR OUTSTANDING STATE CHAMPIONSHIP VICTORY IN THE CLASS AAAA STATE FOOTBALL CHAMPIONSHIP COMPETITION.
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Senator PEELER spoke on the Resolution.
The Senate Resolution was adopted.
S. 1055 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO CONGRATULATE THE GAFFNEY HIGH SCHOOL "INDIANS" BOYS' VARSITY BASKETBALL TEAM ON WINNING THE 2004 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP, TO COMMEND THESE FINE ATHLETES AND THEIR COACHES FOR THE HARD WORK, TREMENDOUS SPIRIT, AND TEAMWORK THAT LED TO THE GAFFNEY "INDIANS" TO A SECOND STRAIGHT CHAMPIONSHIP WIN, AND TO WISH THE TEAM AND ITS COACHES MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
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Senator PEELER spoke on the Resolution.
The Senate Resolution was adopted.
S. 1056 (Word version) -- Senators Giese, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST PROMINENT ATTORNEYS, JAMES C. "JIM" ANDERS, UPON HIS DEATH ON MARCH 6, 2004.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1057 (Word version) -- Senators Ritchie, Hayes, Kuhn, Alexander, Ryberg, McConnell, Richardson, Gregory, Courson, Knotts, Setzler, Grooms, Ford, Leatherman, Martin, Branton, Giese, McGill and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".
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Senator RITCHIE spoke on the Bill.
Read the first time and referred to the Committee on Finance.
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.
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Read the first time and referred to the Committee on Judiciary.
H. 4932 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND REVEREND CALVIN ROBINSON, PASTOR OF THE BETHLEHEM BAPTIST CHURCH IN SALUDA, SOUTH CAROLINA, FOR HIS GLORIOUS SERVICE TO THE CHURCH AND TO HIS COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4938 (Word version) -- Reps. W. D. Smith, Coleman, Harrison, J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF SUCCESSFUL PROSECUTOR, RESPECTED ATTORNEY, LOYAL FRIEND, AND FAMILY MAN, JAMES C. "JIM" ANDERS OF COLUMBIA, ON SATURDAY, MARCH 6, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MYRTLE BEACH AREA CHAMBER OF COMMERCE to attend a reception at the Clarion Town House on Tuesday, March 23, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA PRAYER FELLOWSHIP to attend a prayer breakfast at the Sheraton Hotel on Wednesday, March 24, 2004, from 7:30 until 9:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MICHELIN NORTH AMERICA to attend a luncheon on the State House grounds on Wednesday, March 24, 2004, from 12:00 until 2:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLIA STATE UNIVERSITY to attend a reception at the Clarion Town House on Wednesday, March 24, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA VOCATIONAL REHABILITATION ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, March 25, 2004, from 8:00 until 10:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the STATE FARM INSURANCE COMPANIES to attend a luncheon on the State House grounds on Tuesday, March 30, 2004, upon adjournment and lasting until 2:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the YORK REGIONAL CHAMBER OF COMMERCE to attend a reception at the State Museum on Tuesday, March 30, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 31, 2004, from 8:00 until 10:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS to attend a Jean Laney Harris Memorial luncheon at Seawells on Wednesday, March 31, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
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 Wednesday, March 31, 2004, from 6:00 until 8:00 P.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CHIROPRACTIC ASSN. to attend a breakfast at the State House Grounds on Thursday, April 1, 2004, from 8:00 until 9:00 A.M.
Courson Matthews Patterson McGill Alexander Peeler Kuhn Reese Knotts O'Dell Elliott
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 38 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENFORCE THE PROVISIONS OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPREHENSION AND LIABILITY ACT OF 1980, SO AS TO ADOPT THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 AS THE LAW OF THIS STATE AND TO REQUIRE AN OWNER OF A FACILITY RECEIVING CERTAIN HAZARDOUS CHEMICALS TO PROVIDE MATERIAL SAFETY DATA SHEETS TO THE DEPARTMENT WITHIN THREE BUSINESS DAYS AFTER RECEIVING THESE CHEMICALS IF NO SUCH SHEETS HAVE BEEN PREVIOUSLY REPORTED.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS, AMONG OTHER THINGS, TO FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS, AMONG OTHER THINGS, TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
Ordered for consideration tomorrow.
Columbia, S.C., March 11, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
asks for a Committee of Conference, and has appointed Reps. Hinson, Limehouse and Breeland to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E.H. Pitts, Rice, Richardson, Scarborough, D.C. Smith, G.M. Smith, G.R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 857 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT THE REMAINS OF ANY PERSON WHO DONATED HIS OR HER BODY TO THE UNIVERSITY OF SOUTH CAROLINA MEDICAL SCHOOL FOR SCIENTIFIC RESEARCH PURPOSES MUST BE INTERRED BY THE MEDICAL SCHOOL AT ITS EXPENSE IN A MARKED CEMETERY GRAVESITE IF THE REMAINS WERE BURIED OR IF THE REMAINS WERE CREMATED IN A MEMORIAL GARDEN CRYPT WHICH IDENTIFIES THE DECEDENT'S ASHES.
S. 998 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995 BY ADDING A NEW PARAGRAPH TO SECTION 1 REQUIRING THE EXECUTIVE DIRECTOR OF THE COUNTY BOARD OF ELECTION, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVE MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following amendment (MOORE-998), which was adopted:
Amend the bill, as and if amended, page 1, by adding an appropriately numbered section to read:
/SECTION__. In accordance with Section 59-1-430, up to three school days missed by students enrolled in any school in the McCormick County School District because the school was closed due to snow, extreme weather conditions, or other disruptions are exempt from being made up if approval is granted through a majority vote of the local school board. /
Amend the bill further, as and if amended, page 1, by adding an appropriately numbered section to read:
/SECTION__. In accordance with Section 59-1-430, up to three school days missed by students enrolled in any school in the Edgefield County School District because the school was closed due to snow, extreme weather conditions, or other disruptions are exempt from being made up if approval is granted through a majority vote of the local school board. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 816 (Word version) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.
H. 4281 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.
Senator HAYES explained the Bill.
S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senate Finance Committee proposed the following amendment (GGS\22518HTC04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. The last unnumbered paragraph of Section 9-1-1020 of the 1976 Code is amended to read:
"( ) Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation."
SECTION 4. Section 9-11-210(12) of the 1976 Code is amended to read:
"(12) Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. This item does not apply to bonus payments paid to certain categories of employees annually during their work careers. Bonus or special payments applied only during the 'Average Final Compensation' period are excluded as compensation. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation."
SECTION 5. This act takes effect July 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 4574 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE LOCATION OF TWO POLLING PLACES.
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.
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 (3065R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking on page 2, SECTION 1, lines 3-4 and inserting:
/ remains unpaid one hundred twenty days or more after the taxpayer receives notice as defined in Section 12-55-30(A)(2). /
Amend the bill further, by striking on page 2, SECTION 1, lines 5-6 and inserting:
/ (2) 'Notice' means a notice of assessment issued by the department to the taxpayer pursuant to the South Carolina Revenue Procedures Act. /
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.
S. 1044 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
On motion of Senator SETZLER, the Bill was carried over.
H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M.A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
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 (JUD4615.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 36, in SECTION 1, by striking lines 36 through 38 in their entirety, and inserting therein the following:
/ agency or the member municipality seasonably determines otherwise. The execution and effectiveness thereof of those contracts or extensions of those contracts shall are not be subject to any /.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
Senator HAYES spoke on the Bill.
The committee amendment was adopted.
On motion of Senator FAIR, the Bill was carried over, as amended.
S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS proposed the following amendment (MS\ 7182AHB04):
Amend the bill, as and if amended, Section 59-53-1785, as contained in SECTION 4, page 7, after line 10, by adding an appropriately lettered subsection to read:
/ (D) The proceeds from any state general obligation bond issue may only be used for the development of the Enterprise Campus only upon the approval of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
On motion of Senator LEATHERMAN, the Bill was carried over.
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
At-Large
Charles F. Crump, 217 Covington Road, Greenville, S.C. 29617
On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Frances "Dale" Rhoney of Ladson, S.C., beloved cousin of Debbie W. Griffin, Director of Research/Chief of Staff of the Senate General Committee.
Senator McCONNELL moved that, when the Senate adjourns on Friday, March 12, 2004, it stand adjourned to meet next Tuesday, March 16, 2004, at 12:00 Noon, which motion was adopted.
At 11:59 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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