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

Thursday, April 15, 2004
(Statewide Session)

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 join with the folk in Charleston tonight and in the funeral of the Crew of the Hunley on Saturday. Hear these words from Deuteronomy 1:17:

"You shall not be afraid of the face of man, for the judgment is God's."
Let us pray.

Father, we honor with the multitude the crew of the Hunley:

Lt. George E. Dixon               Seaman Arnold Becker

Private J. Miller                   Quartermaster C. Simpkins

Seaman Frank Collins             Corporal J.F. Carlsen

Boatswain Mate James E. Wicks

Quartermaster Joseph Ridgaway

Father, as their bones are buried, free us from any lingering ill will concerning the past conflicts. Forgive us all of our sins! Thank You for ONE COUNTRY UNDER GOD!

Help us lay aside all unhappiness of the past as an old garment. As sons and daughters of the Blue and Gray, let us march forward into the future under the flag of the Red, White and Blue in a new bond of brotherhood singing... together: "America the Beautiful" and "We hail Thee Carolina!"
AMEN!

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

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator KUHN, at 11:10 A.M. Senator RITCHIE was granted a leave of absence for today.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

RECALLED AND ADOPTED

H. 5133 (Word version) -- Reps. Limehouse, Allen, Altman, Bailey, Battle, Breeland, R. Brown, Ceips, Clark, Clyburn, Dantzler, Delleney, Duncan, Emory, Freeman, Frye, Gourdine, Hagood, Hamilton, Harrell, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Koon, Lee, Lloyd, Lucas, Mahaffey, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Owens, M.A. Pitts, Rice, Richardson, Simrill, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Snow, Taylor, Thompson, Toole, Umphlett, Vaughn, Walker and Whitmire: A CONCURRENT RESOLUTION TO EXPRESS THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO KEEP THE PHRASE "UNDER GOD " IN THE PLEDGE OF ALLEGIANCE.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee.

Senator MESCHER asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted and ordered sent to the House.

RECALLED AND READ THE SECOND TIME

H. 5033 (Word version) -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

Senator REESE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the committee.

Senator REESE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

Senator REESE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

On motion of Senator REESE, with unanimous consent, the Resolution was read the second time and placed on the third reading Calendar.

H. 5033--Ordered to a Third Reading

On motion of Senator REESE, with unanimous consent, H. 5033 was ordered to receive a third reading on Friday, April 16, 2004.

RECALLED AND READ THE SECOND TIME

S. 1141 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

Senator MALLOY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

Senator MALLOY 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 second reading of the Bill.

On motion of Senator MALLOY, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 1141--Ordered to a Third Reading

On motion of Senator MALLOY, with unanimous consent, S. 1141 was ordered to receive a third reading on Friday, April 16, 2004.

RECALLED AND READ THE SECOND TIME

S. 1142 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MARLBORO COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

Senator MALLOY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

Senator MALLOY 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 second reading of the Bill.

On motion of Senator MALLOY, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 1142--Ordered to a Third Reading

On motion of Senator MALLOY, with unanimous consent, S. 1142 was ordered to receive a third reading on Friday, April 16, 2004.

RECALLED AND READ THE SECOND TIME

S. 1143 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

Senator MALLOY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

Senator MALLOY 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 second reading of the Bill.

On motion of Senator MALLOY, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 1143--Ordered to a Third Reading

On motion of Senator MALLOY, with unanimous consent, S. 1143 was ordered to receive a third reading on Friday, April 16, 2004.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1162 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE C. VERNON HAMMOND OF CAMDEN, SOUTH CAROLINA, FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND STATE AS A MEMBER OF THE CAMDEN CITY COUNCIL AND TO WISH FOR HIS CONTINUED SUCCESS AND HAPPINESS IN ALL FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1163 (Word version) -- Senator Courson: A SENATE RESOLUTION TO RECOGNIZE REBECCA AND HARRY DALTON OF ROCK HILL FOR THEIR DEDICATION AND OUTSTANDING RECORD OF VOLUNTEER SERVICE AND TO EXTEND BEST WISHES TO THEM IN ALL THEIR FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1164 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE DEATH OF CLARENCE EDWIN "PAPPY" EADON OF MANNING ON SUNDAY, APRIL 4, 2004, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1165 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AUTOMATICALLY SHALL REVOKE, REFUSE TO ISSUE, OR REFUSE TO RENEW A SOUTH CAROLINA EDUCATOR'S CERTIFICATE PURSUANT TO CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Education.

S. 1166 (Word version) -- Senators Knotts, Gregory, Mescher and McConnell: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY AND TO DIRECT THE STATE ELECTION COMMISSION IN DEVELOPING THE "STATE PLAN" FOR SOUTH CAROLINA UNDER THE FEDERAL HELP AMERICA VOTE ACT (HAVA) WHICH PROVIDES ELECTION ASSISTANCE TO THE VARIOUS STATES THROUGH GRANTS TO INCLUDE THE PROVISIONS OF SECTION 7-13-1660 OF THE 1976 CODE WHICH ALLOWS COUNTY AND MUNICIPAL GOVERNING BODIES TO DETERMINE THE KIND AND TYPE OF VOTING MACHINES USED IN THAT COUNTY OR MUNICIPALITY.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1167 (Word version) -- Senators Anderson, Alexander, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, 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 COMMEND THE ORGANIZATIONS AND INDIVIDUALS THAT HAVE JOINED TO MAKE STRONG COMMUNITIES AN IMPORTANT PART OF DAILY LIFE IN THE AREA THAT IT SERVES AND ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO JOIN IN THE OBSERVANCE OF CHILD ABUSE PREVENTION MONTH AND TO PARTICIPATE IN VOLUNTEER ACTIVITIES AND COMMUNITY EVENTS IN THE STRONG COMMUNITIES INITIATIVE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1168 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA DISTRICT 7770 AND AUSTRALIA DISTRICT 9640 OF ROTARY INTERNATIONAL FOR THEIR EFFORTS IN PROMOTING INTERNATIONAL GOODWILL THROUGH THEIR EXCHANGE PARTNERSHIP UNDER THE ROTARY GROUP STUDY EXCHANGE PROGRAM.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Judiciary.

H. 4724 (Word version) -- Reps. Hinson, Merrill, Altman, Dantzler, Gourdine, McLeod, Neilson and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTRARS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.

Read the first time and referred to the Committee on Finance.

H. 4903 (Word version) -- Reps. Cobb-Hunter, Harrell and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.

Read the first time and referred to the Committee on Transportation.

H. 4978 (Word version) -- Reps. Townsend, Stille, J. M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.

Read the first time and referred to the Committee on Education.

H. 5077 (Word version) -- Reps. Walker, Anthony, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ALONG INTERSTATE HIGHWAY 85 AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Read the first time and referred to the Committee on Transportation.

REPORTS OF STANDING COMMITTEES

Senator MESCHER from the General Committee submitted a favorable report on:

S. 1105 (Word version) -- Senator Waldrep: A SENATE RESOLUTION TO REQUEST THAT AUGUST 14, 2004, BE DESIGNATED NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE CITIZENS, POLICY MAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 927 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS A PERMANENT BAN ON INTERNET ACCESS TAXES.

Returned with concurrence.

Received as information.

S. 928 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

Returned with concurrence.

Received as information.

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

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.

THIRD READING BILL

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

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.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator SETZLER proposed the following amendment (NGS-1150), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

TO ESTABLISH THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT, TO PROVIDE FOR THE MEMBERSHIP OF THE GOVERNING BOARD, AND TO PROVIDE FOR THE ELECTION OF THE CHAIR AND VICE-CHAIR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   A board of directors to be known as the "Gilbert-Summit Rural Community Water District Board of Lexington County" shall constitute the governing body of that water district. The board shall consist of a minimum of five and a maximum of ten resident electors of the area who must be appointed by the Governor, upon the recommendation of a majority of the county legislative delegation. The original appointments must be for a term of two years for two appointees, for four years for two appointees, and for six years for one appointee. All terms after the initial appointments must be for six years. All appointees shall hold office until their successors have been appointed and qualified. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term.

Immediately after appointment, the board shall meet and organize by the election of one of its members as chairman, one as vice chairman, one as secretary, and one as treasurer. The offices of the secretary and treasurer may be combined in the discretion of the board.

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

Renumber sections to conform.

Amend title to conform.

Senator SETZLER 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4572 (Word version) -- Reps. Battle, M. Hines, Richardson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.

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 (JUD4572.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 4, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 1-1-694.   (A)   The South Carolina Tobacco Museum is the official tobacco museum of the State of South Carolina. The designation of the South Carolina Tobacco Museum as the official tobacco museum of the State is an honorary designation and does not bind the State in any way.

(B)   The official designation does not create a new state agency or educational institution or qualify the South Carolina Tobacco Museum for state funds.

(C)   The official designation does not confer any liability upon the State.

(D)   The official designation does not sanction by the State any activity, philosophy, or course of action conducted, published, or undertaken by the South Carolina Tobacco Museum."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

SECOND READING BILLS

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

S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.

S. 1114 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator HUTTO explained the Bill.

S. 1114--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 1114 was ordered to receive a third reading on Friday, April 16, 2004.

S. 1123 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator MALLOY explained the Bill.

S. 1123--Ordered to a Third Reading

On motion of Senator MALLOY, with unanimous consent, S. 1123 was ordered to receive a third reading on Friday, April 16, 2004.

H. 4884 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator WALDREP explained the Resolution.

H. 4884--Ordered to a Third Reading

On motion of Senator WALDREP, with unanimous consent, H. 4884 was ordered to receive a third reading on Friday, April 16, 2004.

H. 4887 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator WALDREP explained the Resolution.

H. 4887--Ordered to a Third Reading

On motion of Senator WALDREP, with unanimous consent, H. 4887 was ordered to receive a third reading on Friday, April 16, 2004.

S. 1159 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.

Senator MARTIN explained the Joint Resolution.

S. 1159--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, S. 1159 was ordered to receive a third reading on Friday, April 16, 2004.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 570 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO DELETE A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD.

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 (JUD0570.008), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/   A BILL

TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ELIMINATE AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY, AND TO ADD INSTEAD THE REQUIREMENT OF "KNOWINGLY AND WILFULLY"; AND TO ADD SECTION 16-13-515, SO AS TO PROHIBIT THE PRINTING OF MORE THAN THE LAST FIVE DIGITS OF A CREDIT CARD OR DEBIT CARD NUMBER ON A RECEIPT BY AN ENTITY WHICH ACCEPTS CREDIT CARDS OR DEBIT CARDS FOR THE TRANSACTION OF BUSINESS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 16-13-510(B) of the 1976 Code, as added by Act 305 of 2000, is amended to read:

"(B)   A person is guilty of financial identity fraud when he, without the authorization or permission of another person, and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party knowingly and wilfully:

(1)   obtains or records identifying information which would assist in accessing the financial records of the other person; or

(2)   accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C)."

SECTION   2.   Article 2, Chapter 13 of Title 16 of the 1976 Code is amended by adding:

"Section 16-13-515.   (A)   Except as provided in this section, a person, firm, partnership, association, corporation, limited liability company, or any other entity which accepts credit cards or debit cards for the transaction of business must not print on a receipt provided to the cardholder at the point of sale: (1) more than the last five digits of the credit card or debit card account number; and (2) the expiration date of the credit card or debit card.

(B)   This section does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.

(C)   A person, firm, partnership, association, corporation, limited liability company, or any other entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation."

SECTION   3.   Upon approval by the Governor, this act takes effect June 1, 2005.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 814 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.

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 (JUD0814.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-17-755, as contained in SECTION 1, by striking Section 16-17-755(B) in its entirety and inserting therein the following:

/   (B)   A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars.

(C)   A person who collects or sells mercury fever thermometers as antiques or collectibles and not for medicinal purposes is exempt from the provisions of this section."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.

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 (JUD0935.002), 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 20-7-1642 of the 1976 Code is further amended by adding at the end:

"(C)   This section does not prevent foster care placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services."

SECTION   2.   Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2265.   When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prohibit licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for licensing, placement, service as a volunteer, or employment."

SECTION   3.   Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:

"This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services."

SECTION   4.   Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION   5.   Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."

SECTION   6.   Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:

"This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION   7.   Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."

SECTION   8.   Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."

SECTION   9.   Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:

"This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee."

SECTION   10.   Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:

"This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment."

SECTION   11.   This act takes effect by approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

Senator HUTTO explained the Bill.

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

AMENDED, READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator Short proposed the following amendment (GJK\ 21173SD04), which was adopted:

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

/   SECTION   1.   Title 6 of the 1976 Code is amended by adding:

"Chapter 32
Textile Communities Revitalization Act

Section 6-32-10.   This chapter is known and may be cited as the 'South Carolina Textile Communities Revitalization Act'.

Section 6-32-20.   (A)   The primary purpose of this chapter is to create a meaningful incentive for the renovation, improvements, and redevelopment of abandoned textile mill sites.

(B)   The abandonment of textile mill sites has resulted in the disruption of communities and increased the cost to local governments by requiring additional police and fire services due to excessive vacancies. Many abandoned textile mill sites pose safety concerns. A public and corporate purpose of the local governments will be served by restoring the textile mill sites to a productive asset for the communities and result in increased job opportunities.

(C)   There exists in many communities of this State abandoned textile manufacturing related or owned facilities. The stable economic and physical development of these areas is endangered by the presence of these abandoned facilities as manifested by progressive and advanced deterioration of structures. As a result of the existence of these abandoned facilities, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies, and crime in the areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in the areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned facilities.

Section 6-32-30.   For the purposes of this chapter, unless the context requires otherwise:

(1)   'Abandoned' means that at least eighty percent of the facilities of the eligible site has been continuously closed to business or otherwise nonoperational for a period of at least one year immediately preceding the time at which the determination is to be made.

(2)   'Eligible site' means a site that is designed for use or has in fact been used as a textile manufacturing facility or uses ancillary to it.

(3)   'Local taxing entities' means a county, municipality, school district, special purpose district, and any other entity or district with the power to levy ad valorem property taxes against the eligible site.

(4)   'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the eligible site.

(5)   'Net present value' means a net present value established by using a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the tax credit is granted. If no yield is available for the month in which the tax credit is granted, the last published yield for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity.

(6)   'Placed in service' means the date upon which the eligible site is suitable for occupancy for the purposes intended.

(7)   'Rehabilitation expenses' means the expenses incurred in the rehabilitation of the eligible site, excluding the cost of acquiring the eligible site or the cost of personal property maintained at the eligible site.

(8)   'State historic credit' means the South Carolina historic rehabilitation tax credit under Section 12-6-3535.

Section 6-32-40.   (A)   Subject to the terms and conditions of this chapter, a taxpayer who improves, renovates, or redevelops an eligible site is eligible to receive the tax credit under this subsection. The credit granted by this subsection is a credit against real property taxes levied by local taxing entities equal to twenty-five percent of the rehabilitation expenses made to the eligible site times the local taxing entity ratio of each local taxing entity that has consented to the tax credit pursuant to subsection (B) below.

(B)   If the taxpayer receives the credit pursuant to subsection (A) the following provisions shall apply:

(1)   The municipality or, if the eligible site is located in an unincorporated area, the county first by resolution shall determine the eligibility of the eligible site and the eligibility of the proposed project seeking the credit. The municipality's or county's granting of the tax credit pursuant to subsection (A) above shall be by ordinance and public hearing. The ordinance shall provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the site each year not to exceed eight years. Before determining the eligibility of the proposed eligible site, the municipality or county shall make a finding that the credit will not violate any covenant, representation, or warranty in any of its tax increment financing transactions.

(2)   Not less than forty-five days before holding the public hearing contemplated in subsection (B)(1), the governing body of the municipality or county shall give notice to all affected local taxing entities where the eligible site is located of its intention to grant a tax credit for an eligible site and the amount of the tax credit proposed to be granted. If a local taxing entity does not file an objection to the tax credit with the municipality or county on or before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit, provided that the actual tax credit granted is equal to or less than the tax credit stated in the notice of public hearing.

(3)   The tax credit shall vest in the taxpayer in the tax year when the eligible site is placed in service and may be carried forward, in whole or in part, for up to eight years following that date.

(C)(1)   Subject to the terms and conditions of this section, an eligible taxpayer who improves, renovates, or redevelops an eligible site shall be eligible to receive a credit against any taxes to which the state historic tax credit may apply that is equal to the lesser of the net present value of the local incentive granted by the municipality or county in (2)(a) through (e) below or fifteen percent of the rehabilitation expenses.

(2)   In order for a taxpayer to receive a state tax credit under this subsection, the municipality or county where the eligible site is located must first have committed to at least one of the following:

(a)   granting to the taxpayer the tax credit pursuant to subsection (A);

(b)   granting to the taxpayer historic rehabilitation property tax abatements for the eligible site as provided in Section 4-9-195;

(c)   if the eligible site is in or benefits a tax increment financing district, investing in publicly-owned infrastructure and improvements with tax increment revenues or financing to benefit the eligible site;

(d)   grants to the taxpayer for the rehabilitation of the eligible site; or

(e)   loans from a community development corporation acting on behalf of a municipality or county to the taxpayer for the rehabilitation of the eligible site.

(3)   The entire credit may not be taken for the taxable year in which the eligible site is placed in service but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. Any unused portion of a credit installment may be carried forward for the succeeding five years.

(4)   The credit earned pursuant to this subsection by an 'S' corporation owing corporate level income tax must be used first at the entity level. Any remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership.

(5)   The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed-through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a manner agreed by the partners. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass-through entity, as applicable.

(6)   The credit earned pursuant to this subsection is in addition to and does not offset the state historic credit in the event the eligible site also is eligible for the state historic credit.

(D)   Applications for the state tax credit under subsection (C) must be made by a sponsoring municipality or county to the Coordinating Council for Economic Development. The Coordinating Council for Economic Development shall grant or deny the matching state tax credit based on the coordinating council's certification that the required local incentive of subsection (C)(2) has been committed to the eligible site by the municipality or county.

Section 6-32-50.   The provisions of Chapter 31 of this title also shall apply to this chapter, except the requirements of Section 6-31-40 which may not apply.

Section 6-32-60.   Notwithstanding the provisions of Section 6-31-150, this chapter is severable from Section 6-31-140."

SECTION   2.   This act takes effect July 1, 2004 and applies to expenditures made on and after July 1, 2002. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

S. 1075--Ordered to a Third Reading

On motion of Senator SHORT, with unanimous consent, S. 1075 was ordered to receive a third reading on Friday, April 16, 2004.

AMENDED, READ THE SECOND TIME

S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators KNOTTS and KUHN proposed the following amendment (848R002.JMK), which was adopted:

Amend the bill, as and if amended, by striking Section 56-5-170, as contained in SECTION 1, and inserting:

/       "Section 56-5-170.   Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'.

(A)   Authorized emergency vehicles for purposes of this section include the following:

(1)   fire department vehicles;

(2)   police vehicles;

(3)   ambulances and rescue squad vehicles which are publicly owned;

(4)   vehicles of coroners and deputy coroners of the forty-six counties;

(5)   emergency vehicles designated by the fire department or the chief of police of a municipality;

(6)   county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;

(7)   Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties; and

(8)   public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, police department, sheriff's office, authorized county government litter enforcement office, or rescue squad.

(B)   Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Enforcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To 'display' means to be seen, whether activated or not.

(C)   A vehicle shall not display the word 'police' unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.

(D)   The provisions of this section do not apply to automobile dealerships, to police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency, or to persons designated by an agency owning such a vehicle to drive the vehicle or drive an auxiliary vehicle transporting such a vehicle."   /

Renumber sections to conform.

Amend title to conform.

Senator KUHN explained the amendment.

The amendment was adopted.

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

ADOPTED

S. 1047 (Word version) -- Senators Alexander, Mescher, Moore, Martin, Hayes, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO URGE PRESIDENT GEORGE W. BUSH AND HIS ADMINISTRATION TO TAKE CERTAIN ACTIONS TO PROHIBIT OR REDUCE THE PRACTICE OF INTERNATIONAL CURRENCY MANIPULATION.

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

H. 4503 (Word version) -- Reps. J.R. Smith, D.C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.

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

H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M.A. Pitts, Rhoad, Simrill, D.C. Smith, G.R. Smith, Stille, Taylor, Whitmire and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.

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

H. 4890 (Word version) -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J. Brown, Ceips, Clemmons, Frye, Gilham, J. Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G.R. Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.

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

H. 4962 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JUDY WOLK, OF CHARLESTON FOR HER SELECTION AND SERVICE AS NATIONAL PRESIDENT OF THE REAL ESTATE EDUCATORS ASSOCIATION AND HER SERVICE TO THE NATIONAL ASSOCIATION OF REALTORS, THE SOUTH CAROLINA ASSOCIATION OF REALTORS, AND THE CHARLESTON TRIDENT ASSOCIATION OF REALTORS AND TO ACKNOWLEDGE JUNE 22, 2004, AS "JUDY WOLK AND THE REAL ESTATE EDUCATORS ASSOCIATION APPRECIATION DAY".

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

CARRIED OVER

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 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.

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

S. 798 (Word version) -- Senators Thomas and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.

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

S. 773 (Word version) -- Senator Hayes: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7, TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.

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

MOTION ADOPTED

On motion of Senators SETZLER, KNOTTS, RYBERG and CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Glen Taylor Sanders, beloved wife of Walter L. "Sonny" Sanders of Lexington County, S.C. Mrs. Sanders was a member of Lexington Presbyterian Church, the Lexington Woman's Club, Republican Women, the Lexington Arts Association, the Lexington Jayceettes and the S. C. Commission on Women.

Time Fixed

Senator MARTIN moved that, when the Senate adjourns on Friday, April 16, 2004, it stand adjourned to meet next Tuesday, April 20, 2004, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:09 P.M., on motion of Senator MARTIN, 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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