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, in the 8th century before Christ, Isaiah wrote these words (Isaiah 29:13):
"The Lord said: Because these people draw near with their mouths and honor me with their lips while their hearts are far from Me... so I will again do amazing things with this people, shocking and amazing."
Let us pray.
Father, we know that the heart, in ancient Hebrew, was considered the region of thought, intention and moral disposition.
Help us, Good Lord, to be faithful to Your Word that You have put into our hearts.
So, in all our conflicts and debates, here and in Washington, may we be able to say: "He leadeth me, O blessed thought."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator RANKIN introduced Dr. Thomas Whitaker of Myrtle Beach, S.C., Doctor of the Day.
At 11:20 A.M., Senator KNOTTS requested a leave of absence beginning at 11:40 A.M. and lasting until 2:00 P.M.
H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4409 (Word version) -- Reps. Weeks and G.M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF HIGHWAY 521 IN SUMTER COUNTY FROM ITS INTERSECTION WITH LAFAYETTE BOULEVARD TO THE SUMTER CITY LIMIT AS "THE MARTIN LUTHER KING, JR., MEMORIAL HIGHWAY" IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "THE MARTIN LUTHER KING, JR., MEMORIAL HIGHWAY".
Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1240 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN THEIR PROFOUND SADNESS AT THE LOSS OF FORMER GOVERNOR JOHN C. WEST, A STATESMAN AND A GENTLEMAN WHOSE INTEGRITY DURING TURBULENT TIMES WROUGHT A NEW DAY FOR THIS STATE AND ALL ITS PEOPLE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1241 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO HONOR THE THOUSANDS OF SOUTH CAROLINA FOSTER FAMILIES DURING MAY, "NATIONAL FOSTER CARE MONTH", AND TO EXPRESS THE PROFOUND GRATITUDE AND DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE FAMILIES FOR PROVIDING LOVING HOMES AND NURTURING CARE AND FOR THEIR SELFLESS COMMITMENT TO BETTERING THE LIVES OF CHILDREN IN NEED.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1242 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 703 CAUSEWAY IN CHARLESTON COUNTY, FROM SULLIVAN'S ISLAND TO THE BEN SAWYER BRIDGE, IN HONOR OF LOUIS STITH, SR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH ENDS OF THE CAUSEWAY CONTAINING THE WORDS "LOUIS STITH SR. MEMORIAL CAUSEWAY".
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On motion of Senator RAVENEL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1243 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1244 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2872, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1245 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND ACKNOWLEDGE THE IMPORTANCE OF LAKE WYLIE AS A REGIONAL RESOURCE OF NORTH AND SOUTH CAROLINA AND TO DECLARE JULY 4, 2004, AS "LAKE WYLIE APPRECIATION DAY" IN SOUTH CAROLINA IN HONOR OF ITS ONE HUNDREDTH ANNIVERSARY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1246 (Word version) -- Senators McGill, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO HONOR AND CONGRATULATE JAMES W. DUKE, CHIEF OF ENGINEERING FOR THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, UPON HIS RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.
Read the first time and referred to the Committee on Education.
H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5238 (Word version) -- Reps. Haskins, 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, 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, Scott, 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 THE REPUBLIC OF COLOMBIA'S INDEPENDENCE DAY ON JULY 20, 2004, AND TO COMMEMORATE THIS SPECIAL OCCASION WHEN REGIONAL AND CULTURAL CELEBRATIONS ARE HELD, THE FLAG AND NATIONAL ANTHEM ARE HONORED, AND THOSE WHO SHED THEIR BLOOD IN BATTLE SO THAT THE PEOPLE OF COLOMBIA COULD ATTAIN INDEPENDENCE ARE REMEMBERED.
On motion of Senator THOMAS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 5239 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO PROCLAIM JUNE 3, 2004, AS HUNGER AWARENESS DAY IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT THE IMPACT OF HUNGER AND MALNUTRITION ON THE HEALTH OF OUR CITIZENS AND THE PROGRESS OF OUR STATE, AND TO WORK TOGETHER FOR A HUNGER-FREE SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5245 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2004 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 5044 (Word version) -- Reps. McGee, Quinn and Toole: 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
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
Ordered for consideration tomorrow.
H. 4925--GENERAL APPROPRIATION BILL
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 13, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
asks for a Committee of Conference, and has appointed Reps. Harrell, Cooper and Clyburn to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Whereupon, Senators LEATHERMAN, SHORT and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1231 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND THE ADMINISTRATION, FACULTY, STAFF, AND SUPPORTERS OF ST. ANTHONY OF PADUA CATHOLIC SCHOOL IN GREENVILLE FOR SUCCESSFULLY NURTURING MORE THAN FIVE THOUSAND YOUNGSTERS IN A FRANCISCAN ENVIRONMENT OF LOVE, PEACE, AND SECURITY SINCE 1951 AND WISH THEM CONTINUED SUCCESS IN THE FIELD OF EDUCATION.
Returned with concurrence.
Received as information.
S. 1232 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE BOB JONES ACADEMY VARSITY MOCK TRIAL TEAM, LOCATED IN GREENVILLE, SOUTH CAROLINA, FOR ITS COMMITMENT TO EXCELLENCE AND DEMONSTRATION OF EXTRAORDINARY ABILITY IN THE AREA OF MOCK TRIAL COMPETITION UPON BEING DECLARED THE HIGH SCHOOL MOCK TRIAL NATIONAL CHAMPIONS.
Returned with concurrence.
Received as information.
S. 1233 (Word version) -- Senators Ritchie, Hawkins, Peeler and Reese: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF SPARTANBURG COUNTY IN WELCOMING THE EXCITING ANNOUNCEMENT OF THE LOCATION ON THE GROUNDS OF THE MARY BLACK MEMORIAL HOSPITAL OF THE MARY BLACK CENTER FOR ORTHOPEDIC EXCELLENCE, A COLLABORATION OF THE LONG-TRUSTED MARY BLACK HEALTH SYSTEM AND THE HIGHLY RESPECTED STEADMAN HAWKINS CLINIC.
Returned with concurrence.
Received as information.
S. 1234 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE DR. DEBRA COX ON BEING NAMED SOUTH CAROLINA ELEMENTARY SCHOOL ASSISTANT PRINCIPAL OF THE YEAR 2003-2004 AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3482 (Word version) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
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 (JUD3482.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Article 1, Chapter 23, Title 16 of the 1976 Code is amended to read:
PISTOLS Handguns
Section 16-23-10. When used in this article:
(a)(1) 'Pistol' 'Handgun' means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.
(b)(2) The term 'dealer' 'Dealer' means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.
(c)(3) The term 'crime 'Crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
(d)(4) The term 'fugitive 'Fugitive from justice' means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.
(e)(5) The term 'subversive 'Subversive organization' means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.
(f)(6) The term 'conviction' 'Conviction' as used herein shall include pleas of guilty, pleas of nolo contendere, and forfeiture of bail.
(g)(7) The term 'Division' shall mean means the State Law Enforcement Division.
(h)(8) The terms 'purchase' 'Purchase' or 'sell' mean means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.
(i)(9) The term 'person' shall mean 'Person' means any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(10) 'Luggage compartment' means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind the rearmost seat, but not under the front seat.
Section 16-23-20. It is unlawful for anyone to carry about the person any pistol handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(1) Regular regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators.;
(2) Members members of the Armed Forces of the United States or of, the National Guard, organized reserves, or the State Militia when on duty.;
(3) Members members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits.;
(4) Licensed licensed hunters or fishermen while who are engaged in hunting or fishing or going to or from their places of hunting or fishing. while in a vehicle or on foot;
(5) Any a person regularly engaged in the business of manufacturing, repairing, repossession repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a pistol handgun in the usual or ordinary course of the business.;
(6) Guards guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency thereof. of the United States;
(7) Any members of authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.;
(8) Any a person in his home, or upon his real property, or fixed place of business. a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(9) Any a person in a vehicle where if the pistol handgun is secured in a closed glove compartment, closed console, or closed trunk., or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;
(10) Any a person carrying a pistol handgun unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of his one's fixed place of business.;
(11) Any a prison guard while engaged in his official duties.;
(12) Any a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol handgun about his person, under conditions set forth in the permit., and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise this privilege only after acquiring a permit from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23.
Section 16-23-30. (A) It shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any pistol handgun to:
(a)(1) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.;
(b)(2) Any a person who is a member of a subversive organization.;
(c)(3) Any a person under the age of twenty-one, but this shall not apply to the issue of pistols handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of pistols handguns for instructions under the immediate supervision of a parent or adult instructor.; or
(d)(4) Any a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol handgun, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any a person who shall be is the subject of such an application shall be is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e)(B) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section enumerated in subsection (A) to possess or acquire pistols handguns within this State.
(f)(C) No A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen pistol handgun or one from which the original serial number has been removed or obliterated.
Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalty provided in this section, the pistol handgun involved in the violation of this article must be confiscated. The pistol handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated pistol handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols handguns in this State for a pistol handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the pistol handgun, it the division may keep it the handgun for use by its forensic laboratory. Records must be kept of all confiscated pistols handguns received by the law enforcement agencies under the provisions of this article.
Section 16-23-55. (A) A pistol handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the pistol handgun is stolen;
(2) if it the handgun has been used in the commission of a crime; and
(3) the true owner of the pistol handgun.
(B) At least twice during the ninety-day holding period, the agency shall advertise the pistol handgun with its full description in a newspaper having general circulation in the county where the pistol handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the pistol handgun, the agency shall return the pistol handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the pistol
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
Section 16-23-60. Provisions of this article shall must not be construed to grant any additional police powers not authorized by law, nor and do not in any manner affect the powers of constables commissioned by the Governor."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
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 (JUD4649.003), 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 56-5-765 of the 1976 Code, as last amended by Act 277 of 2002, is further amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by of the department, is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall must investigate the collision and must file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the department is involved in a traffic collision that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall must investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and must file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may must not investigate collisions a traffic collision in which a motor vehicle, a motorcycle, or an employee of that department or agency is involved that: (1) results in an injury or a death, or (2) involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.
(D) A law enforcement agency that has primary responsibility for an investigation involving a motor vehicle, a motorcycle, or an employee of another department or agency, but lacks the expertise to conduct a proper investigation, may request assistance from another agency that has the appropriate expertise, as long as the assisting agency or an employee of the assisting agency is not a subject of the investigation. A request made pursuant to this subsection shall result in a joint investigation conducted by both agencies.
(E) A person who knowingly and wilfully violates the provisions of subsection (C) is subject to punishment as provided for in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district.
(F) An investigation of a traffic collision involving a motor vehicle, a motorcycle, or an employee of a law enforcement agency or department must include a field investigation to identify possible
(G) For purposes of this section, 'involved in a traffic collision' includes a law enforcement motor vehicle or motorcycle engaged in a pursuit when a traffic collision occurs."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
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 (JUD4675.001), which was adopted:
Amend the bill, as and if amended, page 4, line 30, in Section 16-11-700(F)(2), as contained in SECTION 1, by striking line 30 in its entirety and inserting therein the following:
/ collected may be used for the litter-gathering supervision. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
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 (JUD4688.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 1 of Title 39 of the 1976 Code is amended by adding:
"Section 39-1-55. (A) As used in this section, 'gift certificate' means a certificate that is issued or sold by a person engaged in the business of offering goods or services for sale at retail and that entitles a recipient of the certificate to the delivery of goods or services from the person who issued or sold the certificate. This term includes a gift card used for the same purpose as a gift certificate.
(B) A person shall not issue or sell a gift certificate which provides that the certificate expires before the first anniversary of the date on which the certificate is issued or sold. However, a person may issue or sell a gift certificate which provides for an expiration date before the first anniversary of the date on which the certificate is issued or sold as long as the expiration date is on the front of the gift certificate in capitalized letters in at least ten-point font. A gift certificate that contains an expiration date which does not conform to this subsection expires on the first anniversary of the date on which the certificate is issued or sold.
(C) A condition relating to the use of a gift certificate must be stated clearly on the certificate, the envelope, or covering of the certificate, or the receipt given to the purchaser of the certificate, if the condition provides that the certificate decreases in value over a period of time or that a fee is charged against the balance of the certificate after a certain period of time.
A gift certificate that does not state clearly a condition described by this subsection may be redeemed at any time for the original value of the certificate, less any amount charged against the balance of the certificate by the consumer.
(D) This section applies only to a gift certificate issued or sold on or after the effective date of this section."
SECTION 2. This act takes effect July 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4871 (Word version) -- Reps. Witherspoon, Viers, Barfield, Clemmons and Keegan: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE A CERTAIN VOTING PRECINCT IN HORRY 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.
H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.
H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO
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 (JUD4004.003), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 43-35-10(3), as contained in SECTION 1, by striking lines 27 through 40 in their entirety and inserting therein the following:
/ (a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, illegal unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient; or
(b) an improper, illegal unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or
(c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
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 (JUD4697.002), 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 16-11-580 of the 1976 Code is amended to read:
"Section 16-11-580. It shall be unlawful for anyone to knowingly or wilfully cut, destroy or remove any trees or timber of any kind standing or growing on any lands of this State, whether privately or publicly owned, or to remove any logs or trees cut from any such lands without the consent of the owner. It shall also be unlawful for anyone who is the owner, master, pilot, operator or consignee of any vessel, vehicle, motor vehicle, aircraft or the owner, director or agent of any railroad to transport any timber or logs or the lumber manufactured therefrom knowing them to have been cut or removed from such property. Anyone violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or imprisoned not more than two years, or both; provided, that if the value of such trees, logs or lumber is fifty dollars
(A) It is unlawful for a person to knowingly and wilfully:
(1) cut, destroy, or remove forest products without the consent of the landowner;
(2) aid, hire, or counsel another person to cut, destroy, or remove forest products without the consent of the landowner;
(3) obtain or acquire forest products under false pretenses or with fraudulent intent; or
(4) transport forest products if the person knows that the forest products have been cut, removed, obtained, or acquired from the property of a landowner in violation of the provisions of this subsection.
(B) If the value of the forest products is one thousand dollars or less, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days.
(C) If the value of the forest products is more than one thousand dollars, a person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be:
(1) fined in the discretion of the court or imprisoned for not more than five years if the value of the forest products is more than one thousand dollars but less than five thousand dollars; or
(2) fined in the discretion of the court or imprisoned for not more than ten years if the value of the forest products is five thousand dollars or more.
(D) As used in this section, 'forest products' include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned."
SECTION 2. Chapter 23, Title 48 of the 1976 Code is amended by adding:
"Section 48-23-265. (A)(1) A person who purchases forest products directly from a landowner possessing lands in this State, and who has received payment for the forest products from a sale to a third party, must make payment in full to the landowner within forty-five days of the receipt of payment.
(2) If the landowner has not received payment within the required forty-five days, the landowner must send written notice, by certified mail or by personal delivery, to the purchaser's last known
(3) This section does not apply to a written agreement signed between the landowner and the purchaser providing for a means of payment other than the one provided for in this section.
(B) If the value of the forest products is less than five thousand dollars, a person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished:
(1) if the value of the forest products is five hundred dollars or less:
(a) for a first offense, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days; or
(b) for a second or subsequent offense, by a fine of two hundred dollars or by imprisonment for not more than thirty days;
(2) if the value of the forest products is more than five hundred dollars but less than five thousand dollars:
(a) for a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days; or
(b) for a second or subsequent offense, by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both.
(C) If the value of the forest products is five thousand dollars or more, a person who violates subsection (A) is guilty of a felony and, upon conviction, must be punished:
(1) for a first offense by a fine of not less than three hundred dollars nor more than one thousand dollars or by imprisonment for not more than two years, or both; or
(2) for a second or subsequent offense by a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment for not less than thirty days nor more than ten years.
(D) The court shall order restitution to the victim as a mandatory condition of the sentence imposed.
(E) If the value of the forest products is five thousand dollars or more, in addition to the penalties provided in this section, all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tolls, and equipment of any kind used or positioned for use in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering,
(F) As used in this section, 'forest products' include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, and which are located on any land in this State, whether publicly or privately owned.
(G) As used in this section, 'conviction' includes a guilty plea, plea of nolo contendere, or the forfeiture of bail."
SECTION 3. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4846 (Word version) -- Reps. Talley and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR E-MAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
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 (JUD4846.001), which was adopted:
Amend the bill, as and if amended, page 1, line 32, in Section 2-1-230(A), as contained in SECTION 1, by striking /may/ and inserting / shall /.
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
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 (JUD4720.006), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 32, as contained in SECTION 1, by adding a new subsection (18) to Section 26-6-20 to read:
/ (18) 'United States Postal Service Electronic Postmark' means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a
Amend the bill further, as and if amended, page 3, beginning on line 36, in Section 26-6-30(B), as contained in SECTION 1, by striking lines 36 through 43 in their entirety and inserting therein the following:
/ (B) This chapter does not apply to a transaction:
(1) in connection with an order for prescription drugs; or
(2) to the extent the transaction is governed by:
(a) a law governing the creation and execution of wills, codicils, or testamentary trusts;
(b) the Uniform Commercial Code, other than Sections 36-1-107 and 36-1-206, Chapter 2 of Title 36, and Chapter 2A of Title 36; or
(c) the Electronic Signatures in Global and National Commerce Act, 114 Stat. 464, 15 U.S.C. at 7001 et seq., but it is not intended to limit, modify, or supersede Section 101(c) of the act, and to the extent that the notices exempted below are excluded from the scope of the Electronic Signatures in Global and National Commerce Act, 114 Stat. 464, 15 U.S.C. at 7003, this chapter of Title 26 does not apply to a notice required by law regarding:
(i) the cancellation or termination of utility services (including water, heat, and power);
(ii) default, acceleration, repossession, foreclosure, eviction, or the right to cure under a credit agreement secured by a primary residence of an individual or a rental agreement for a primary residence of an individual;
(iii) the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities;
(iv) the recall of a product or material failure of a product, that risks endangering health or safety; or
(v) a law requiring a document to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. /
Amend the bill further, as and if amended, page 4, line 23, in Section 26-6-50(C), as contained in SECTION 1, by striking /may/ and inserting / shall /.
Amend the bill further, as and if amended, page 5, line 29, in Section 26-6-80(D), as contained in SECTION 1, by striking /may/ and inserting / shall /.
Amend the bill further, as and if amended, page 6, line 38, in Section 26-6-100(C), as contained in SECTION 1, by striking /may/ and inserting / shall /.
Amend the bill further, as and if amended, page 9, line 12, in Section 26-6-150(G), as contained in SECTION 1, by striking /may/ and inserting / shall /.
Amend the bill further, as and if amended, page 10, beginning on line 39, in Section 26-6-180(B), as contained in SECTION 1, by striking lines 39 through 42 in their entirety and inserting therein the following:
/ (B) To the extent that a governmental agency uses electronic records and electronic signatures pursuant to subsection (A), the governmental agency, in consultation with the South Carolina State Budget and Control Board, giving due consideration to security, may specify: /
Amend the bill further, as and if amended, page 11, beginning on line 19, in Section 26-6-190(A), as contained in SECTION 1, by striking lines 19 through 25 in their entirety and inserting therein the following:
/ Section 26-6-190. (A) The South Carolina State Budget and Control Board shall adopt standards to coordinate, create, implement, and facilitate the use of common approaches and technical infrastructure, as appropriate, to enhance the utilization of electronic records, electronic signatures, and security procedures by and for public entities of the State. Local political subdivisions may consent to be governed by these standards. /
Amend the bill further, as and if amended, page 11, line 34, as contained in SECTION 1, by adding on line 34 a new subsection (C) to Section 26-6-190 to read as follows:
/ (C) In accordance with Sections 26-6-20(18) and 26-6-195, and in reference to all South Carolina laws, rules, and regulations pertaining to service of process where service shall be made on entities described in Rule 4(d)(3) of the South Carolina Rules of Civil Procedure, those entities shall be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail-return receipt requested, addressed to the office of the registered agent, or the office of the secretary of the corporation at its principal office and those entities shall also satisfy this section by e-mailing the service of process to an e-mail address, registered with the Secretary of State, a document that has been postmarked by a United States Postal Service Electronic Postmark. /
Amend the bill further, as and if amended, page 11, beginning on line 35, in Section 26-6-200, as contained in SECTION 1, by striking Section 26-6-200 in its entirety and inserting therein the following:
/ Section 26-6-195. Notwithstanding any other provisions in this chapter, any state agency or entity may require any vendor, entity, or individual it regulates or does business with to have an e-mail address or to have an e-mail address for its agent for service of process to and from whom communication may be received or delivered. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. Each state agency shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to their agency and operations. /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. If a provision of this chapter or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator KNOTTS objected to further consideration of the Bill.
H. 5138 (Word version) -- Reps. Lloyd, Breeland, G. Brown, R. Brown, Davenport, J. Hines, Hosey, Littlejohn, Mack, J.H. Neal and Vaughn: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REQUIRE THE PUBLICATION, IN A MANNER MOST LIKELY TO REACH THE INTERESTED GENERAL PUBLIC, OF A SOLICITATION FOR BIDS FOR A FEDERAL CONTRACT TO BE AWARDED IN CONNECTION WITH A FEDERAL PROJECT IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1237 (Word version) -- Senators Fair and Knotts: A SENATE RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S POSITION THAT PUBLIC EMPLOYEES, INCLUDING PUBLIC SCHOOL TEACHERS, HAVE THE SAME FIRST AMENDMENT RIGHTS THAT ALL OTHER CITIZENS OF THE STATE OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA POSSESS.
The Senate Resolution was adopted.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1237.
S. 959 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO REQUEST THAT DECEMBER FIFTEENTH BE NAMED "BILL OF RIGHTS DAY" IN HONOR OF THE BILL OF RIGHTS OF THE UNITED STATES CONSTITUTION.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (SWB\6053CM04), which was adopted:
Amend the Senate resolution, as and if amended, by striking lines 15 through 34 and inserting:
/Whereas, the United States Constitution is the embodiment of our democratic society and without the addition of the Bill of Rights by our forefathers, many of the rights that we have today would be nonexistent; and
Whereas, in celebration and remembrance of both the United States Constitution and the Bill of Rights, South Carolina recognizes December fifteenth to honor the freedoms afforded by these documents. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of the State of South Carolina, by this resolution, recognize December fifteenth as "Bill of Rights Day" in honor of the Bill of Rights of the United States Constitution. /
Amend the resolution further, by striking line 11 of the title and inserting:
/ TO RECOGNIZE DECEMBER FIFTEENTH AS /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
The question then was the adoption of the Resolution, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson 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 Smith, J. Verne Thomas Verdin Waldrep
The Senate Resolution was adopted.
H. 4767 (Word version) -- Reps. J.E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 4800 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 5172 (Word version) -- Reps. J.E. Smith, 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, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. 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 CELEBRATE THE THIRTY-FOURTH EARTH DAY ON APRIL 22, 2004, TO REFLECT ON THE RICH HISTORY OF THE ENVIRONMENTAL MOVEMENT IN SOUTH CAROLINA OVER THE LAST THIRTY YEARS, AND TO PRAISE THE SOUTH
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Concurrent Resolution.
Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Senator FAIR asked unanimous consent to take the Bill up for immediate consideration.
Senator McCONNELL objected.
H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.
On motion of Senator MALLOY, with unanimous consent, the Bill was carried over.
H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4475 (Word version) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (4475R004.HKL) proposed by Senator LEATHERMAN and previously printed in the Journal of Wednesday, May 12, 2004, 2004.
On motion of Senator MARTIN, with unanimous consent, the Bill was carried over, with Senator BRANTON retaining the floor.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M.A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Bingham, Chellis, E.H. Pitts, Sandifer, G.M. Smith, Talley, Viers, Whitmire, Toole, G.R. Smith, Simrill, Rice, Owens, Hagood and Clark: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Senator FAIR made a motion to recall the Bill from the Committee on Judiciary.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4537 (Word version) -- Reps. Walker, Wilkins, W.D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J.E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes,
Senator LEVENTIS made a motion to recall the Bill from the Committee on Transportation.
Senator RYBERG objected.
The question then was the motion to recall the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Courson Cromer Ford Glover Hutto Land Leventis Malloy McGill Moore Patterson Pinckney Ravenel Reese Sheheen Short Waldrep
Alexander Branton Fair Giese Gregory Hawkins Hayes Kuhn Martin Mescher O'Dell Peeler Richardson Ritchie Ryberg Smith, J. Verne Thomas
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND zTITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO AzPPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
Senator MARTIN moved that the Bill be made a Special Order.
Senator ANDERSON objection.
The question then was the motion to make the Bill a Special Order.
By a division vote of 27-4, the Bill was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
Senator BRANTON rose for an Expression of Personal Interest.
On motion of Senator FAIR, with unanimous consent, the following Statewide Appointment was recalled from the Committee on Corrections and Penology and taken up for immediate consideration.
Having received a favorable report from the Committee on Corrections and Penology, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor
Director
Samuel B. Glover, 149 Belton Drive, Orangeburg, S.C. 29118 VICE James McClain (resigned)
On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Army Staff Sgt. Esau "E. J." Patterson, Jr., 25 years of age, of Ridgeland, S.C., who was killed while serving in the Iraq war. Sgt. Patterson, a cousin of Senator Pinckney, died April 29 along with seven other soldiers as they were clearing bombs in a Baghdad suburb.
Senator McCONNELL moved that, when the Senate adjourns on Friday, May 14, 2004, it stand adjourned to meet next Tuesday, May 18, 2004, at 12:00 Noon, which motion was adopted.
At 12:03 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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