Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a glad word from the Book of Job (42:10):
"And the Lord restored the fortunes of Job when he prayed for his friends; and the Lord gave Job twice as much as he had before."
Let us pray.
Father, we in America are running short of friends in the world. It's beginning to appear that we are either hated, ostracized or left to stew in our own juice. So, Father, we pray for our friends and prospective friends around the world and at home.
We thank You for those to whom this day we will go for advice, and for those whose wisdom and experience we will draw upon to help us do our work, and for all who will help us solve our problems.
Father, we thank You for our faithful friends.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, War Between the States Heritage Trust Commission, with term coterminous with the Governor
Governor - Historical
Bonnie S. Glasgow, 2910 Duncan Street, Columbia, S.C. 29205-2545
Referred to the Committee on Education.
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
Susan S. Barden, 4819 Landrum Dr., Columbia, S.C. 29206 VICE Sherry S. Spence
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 2003, and to expire April 27, 2005
Chairman
Harry B. Gregory, Tally & Gregory, LLC, P. O. Box 11288, Columbia, S.C. 29211 VICE J. Alan Bass
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2004, and to expire June 30, 2008
6th Congressional District
Janice Stephens Jolly, 600 Raysor Street, St. George, S.C. 29477 VICE Nancy Hawkins Bailey
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2004, and to expire June 30, 2008
1st Congressional District
Greg Killian, Horry County Schools, P. O. Box 260005, Conway, S.C. 29528 VICE J. Elliott Summey
Referred to the Committee on Judiciary.
Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2003, and to expire June 30, 2004
USC
Dennis M. Lambries, Institute for Public Service and Policy, University of South Carolina, Columbia, S.C. 29208
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2004, and to expire August 1, 2009
Court / Victim Assistant
Kay S. Leitner, 1413 Mullis Road, Blythewood, S.C. 29016 VICE Martha Bateman
Referred to the Committee on Judiciary.
Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2003, and to expire June 30, 2006
Planner
Donna S. London, Strom Thurmond Institute of Government and Public Affairs, Silas Pearman Blvd., Clemson, S.C. 29634-0125
Referred to the Committee on Judiciary.
Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2004, and to expire June 30, 2008
4th Congressional District
Gale Batson Crawford, Crawford Properties, 115 East Parkins Mill Rd., Greenville, S.C. 29607
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2007
Naval Officer - Retired
James H. Flatley III, 488 Rice Hope Dr., Mt. Pleasant, S.C. 29464
Referred to the Committee on Transportation.
May 14, 2002
Mr. President and Members of the Senate:
At the request of the nominee, I am respectfully requesting herewith withdrawal of an appointment listed below:
Respectfully,
Mark C. Sanford
Initial Appointment, Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010
At-Large
Ms. Gayla S. McSwain, McNair Law Firm, 140 East Bay Street, Charleston, S.C. 29401 VICE Sherry S. Spence
On motion of Senator McCONNELL, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Columbia, S.C., May 13, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R313, H. 4793 by a vote of 2 to 0:
(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House
Received as information.
(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The veto of the Governor was taken up for immediate consideration.
Senator McGILL moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 2903
Agency: Department of Health and Environmental Control
SUBJECT: Total Maximum Daily Loads for Pollutants in Water
Received by Lieutenant Governor May 18, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration September 15, 2004
(Subject to Sine Die Revision)
Senator McCONNELL introduced Dr. Marc K. New of North Charleston, S.C., Doctor of the Day.
Senator KNOTTS rose for an Expression of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourned today, it stand adjourned to meet tomorrow at 1:00 P.M.
H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN
On motion of Senator RAVENEL, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator RAVENEL, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
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.
On motion of Senator MESCHER, with unanimous consent, the Concurrent Resolution was recalled from the General Committee.
The Concurrent Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1247 (Word version) -- Senators Verdin and Thomas: A SENATE RESOLUTION TO HONOR AND CONGRATULATE MRS. ELIZABETH GUIN NIVENS ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR MANY MORE YEARS TO COME.
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The Senate Resolution was adopted.
S. 1248 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE SWANSEA HIGH SCHOOL JUNIOR VARSITY GIRLS SOCCER TEAM AND THEIR HEAD COACH, WILLIAM "SKIP" BROOME, ON WINNING THE
The Senate Resolution was adopted.
S. 1249 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCLUDE REFERENCES TO MUNICIPAL AND COUNTY PROSECUTORS; TO AMEND SECTION 17-22-30, RELATING TO THE DISCRETION OF CIRCUIT SOLICITORS TO ESTABLISH PRETRIAL INTERVENTION PROGRAMS, SO AS TO ADD THAT MUNICIPAL AND COUNTY PROSECUTORS HAVE SIMILAR DISCRETION TO REFER A PERSON TO A PRETRIAL INTERVENTION PROGRAM OR ANOTHER FOR PROFIT OR NOT FOR PROFIT INTERVENTION OR COUNSELING PROGRAM APPROVED BY THE SOLICITOR'S OFFICE AND TO PROVIDE THAT AN INTERVENTION OR COUNSELING PROGRAM MUST MEET ESTABLISHED STANDARDS OF CARE DEVELOPED BY AN ADVISORY COMMITTEE COMPOSED OF THE PRETRIAL INTERVENTION COORDINATOR AND REPRESENTATIVES OF A FOR PROFIT AND A NOT FOR PROFIT INTERVENTION OR COUNSELING PROGRAM; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO AUTHORIZE THE PRETRIAL INTERVENTION COORDINATOR TO CHARGE A FEE OF NOT MORE THAN SEVENTY-FIVE DOLLARS TO QUALIFY A PERSON FOR AN INTERVENTION OR COUNSELING PROGRAM; AND TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR INTERVENTION, SO AS TO PROVIDE AN EXCEPTION FOR PERSONS CHARGED WITH TRAFFIC VIOLATIONS WHEN THE MUNICIPAL OR COUNTY PROSECUTOR CONSIDERS REFERRAL TO AN INTERVENTION PROGRAM APPROPRIATE.
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Read the first time and referred to the Committee on Judiciary.
S. 1250 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ELECTRIC & GAS COMPANY AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ON THE OCCASION OF THE TWENTY-YEAR ANNIVERSARY OF THE COMMERCIAL OPERATION OF THE V. C. SUMMER NUCLEAR PLANT, A JOINT PARTNERSHIP BETWEEN THESE TWO OUTSTANDING ORGANIZATIONS, WHICH WILL BE CELEBRATED ON MAY 27, 2004.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.
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On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4640 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Koon, Martin, Pinson, Sinclair, G. R. Smith and Taylor: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Medical Affairs.
H. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5242 (Word version) -- Rep. Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Read the first time and, on motion of Senator Branton, with unanimous consent, was referred to the Dorchester Legislative Delegation.
H. 5243 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE
Read the first time and referred to the Committee on Finance.
H. 5248 (Word version) -- Reps. E. H. Pitts, Koon and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS TENNIS TEAM AND THE TEAM'S COACH, ROBBIE HUNTER, ON THEIR OUTSTANDING UNDEFEATED SEASON AND CONGRATULATE THEM ON WINNING THE 2004 CLASS AAAA BOYS TENNIS CHAMPIONSHIP TITLE ON SATURDAY, MAY 8, 2004.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5249 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF ORANGEBURG COUNTY AND THE STAFF AND RESIDENTS OF THE METHODIST OAKS IN EXPRESSING THEIR SORROW AT THE DEATH OF MARY ELIZABETH PHELPS THOMAS AND THEIR OUTRAGE AT THE CONTINUED TOLL DOMESTIC VIOLENCE TAKES ON THE PEOPLE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5250 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5251 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5252 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5253 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO CONGRATULATE CORPORAL CARROLL WELCH OF THE SOUTH CAROLINA HIGHWAY PATROL UPON HIS RECEIPT OF THE BRONZE STAR FOR EXCEPTIONAL MERITORIOUS SERVICE IN IRAQ AS A MEMBER OF THE ARMY NATIONAL GUARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5255 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO COMMEND MAGISTRATE BOBBY O. SMITH OF GRAYS, SOUTH CAROLINA, FOR A DISTINGUISHED MAGISTERIAL CAREER IN JASPER COUNTY UPON HIS RETIREMENT AS MAGISTRATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5256 (Word version) -- Rep. Skelton: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE DR. PAUL PRICHARD, PRINCIPAL OF CLEMSON ELEMENTARY SCHOOL, UPON HIS RETIREMENT AFTER A FORTY-THREE YEAR CAREER IN EDUCATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5259 (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,
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs polled out H. 4455 favorable:
H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Peeler Smith Moore Courson Giese Thomas Hayes Jackson Short Fair Hutto Anderson Branton Pinckney Ritchie Grooms Malloy
Ordered for consideration tomorrow.
The Report of the Committee of Conference on H. 4925, the General Appropriation Bill, was taken up for immediate consideration.
Senator LEATHERMAN was recognized to speak on the report.
Senator RYBERG raised a Point of Order that under the provisions of Rule 37 the Report of the Committee of Conference must lie on the Desk one statewide legislative day for consideration.
The PRESIDENT sustained the Point of Order.
Columbia, S.C., May 18, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
Very respectfully,
Speaker of the House
Received as information.
S. 1148 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON
The House returned the Bill with amendments.
On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 924 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.
Returned with concurrence.
Received as information.
S. 926 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.
Returned with concurrence.
Received as information.
S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
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
Senator RICHARDSON asked unanimous consent to withdraw his proposed amendment and give the Bill a third reading.
There was no objection and the Bill was ordered enrolled for ratification.
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.
The following House Bills were read the third time and ordered returned to the House with amendments:
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 INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.
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
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.
Senator RITCHIE explained the Bill.
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
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators MARTIN and HUTTO proposed the following amendment (3482R001.LAM), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS as follows:
/ SECTION ___. Section 16-23-20 of the 1976 Code is amended by adding an item to read:
"(13) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle."
SECTION ___. Section 16-23-420 of the 1976 Code, as amended by Act 274 of 2002, is further amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry onto possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or into in any publicly-owned building a firearm of any kind, without the express permission of the authorities in charge of the premises or property.
(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:
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
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12557AC04), which was adopted:
Amend the bill, as and if amended, Section 44-7-2910(A)(2), page 2, line 13 before the /./ by inserting /or at the individual's primary place of employment/
Amend the bill further, by deleting Section 44-7-2910(C)(2) and inserting:
/(2) A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal state criminal record check on the applicant in addition to the state prior to employment and shall commence a federal criminal record check after employment. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia another state for the preceding twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall may conduct only a state criminal record check in the applicant's resident state or jurisdiction where the applicant previously resided. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER 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 Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:
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.
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
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 (JUD3409.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175, SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 35, Title 23 of the 1976 Code is amended by adding:
"Section 23-35-175. (A) As used in this section:
(1) 'Fireworks' means ICC Class C Common Fireworks as defined and enumerated in Section 23-35-10.
(2) 'Fireworks Prohibited Zone' means property designated through the processes in this section as an area in which fireworks are prohibited from being knowingly and wilfully discharged.
(3) 'Local governing body' means the governing body of a county or municipality.
(4) 'Managing authority' means a governing board of a condominium association.
(5) 'Subject property' means the property controlled by the owner, lessee, or managing authority for which a Discharge of Fireworks Prohibited Agreement has been filed.
(B) It is unlawful to knowingly and wilfully discharge fireworks from, in, or into a Fireworks Prohibited Zone. A person who knowingly and wilfully discharges fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:
(1) for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and
(2) for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(C) An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:
(1) filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and
(2) posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted to be visible from any street or thoroughfare the subject property abuts and
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
In addition to the inscription, the signs or placards must identify the subject property for which the Discharge of Fireworks Prohibited Agreement has been filed and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone as provided in this section.
(D) The Discharge of Fireworks Prohibited Agreement must be in the following form:
DISCHARGE OF FIREWORKS PROHIBITED AGREEMENT
DATE:____________________________________________
ADDRESS OF SUBJECT PROPERTY:
____________________________________________________
____________________________________________________
NAME OF SUBJECT PROPERTY (IF COMMERCIAL):
____________________________________________________
____________________________________________________
PROPERTY BOUNDARIES OR LEGAL DESCRIPTION
OF SUBJECT PROPERTY:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
I, _________, the undersigned, being the owner, lessee, or managing authority of the above described subject property, establish for my period of ownership, occupancy, or authority over the subject property a Fireworks Prohibited Zone for the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone. By filing this agreement, I request that the applicable law enforcement agency enforce the prohibition of the discharge of fireworks on said subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone to the fullest extent of the law.
I acknowledge that this Discharge of Fireworks Prohibited Agreement exists only for the time period that I own, lease, or manage the subject property, or until I rescind the agreement, whichever occurs first.
I agree to post two signs or placards measuring not less than twelve inches by twelve inches in conspicuous locations on the subject property. The signs or placards must: (1) identify the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone, and (2) bear the following inscription:
'DISCHARGE OF FIREWORKS PROHIBITED
VIOLATORS WILL BE PROSECUTED'
__________________________________________
OWNER, LESSEE, OR MANAGING AUTHORITY
__________________________________________
WITNESS
(E)(1) If authorized by a decision of the local governing body as provided in this subsection, an owner, lessee, or managing authority that has filed a Discharge of Fireworks Prohibited Agreement with a local law enforcement agency may extend the Fireworks Prohibited Zone beyond the subject property:
(a) to the low water mark of all oceanic bodies of water adjoining the subject property;
(b) to the center line of any street or thoroughfare that abuts the subject property; or
(c) onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.
(2) The owner, lessee, or managing authority must apply for the extension in the office of the local governing body on the following form:
APPLICATION FOR EXTENSION OF FIREWORKS PROHIBITED ZONE
DATE:___________________________________________
ADDRESS OF SUBJECT PROPERTY:
____________________________________________________
____________________________________________________
NAME AND ADDRESS OF APPLICANT:
____________________________________________________
____________________________________________________
____________________________________________________
I,_________, the undersigned, am the owner, lessee, or managing authority of the above described subject property for which a Discharge of Fireworks Prohibited Agreement was filed with the ____________ law enforcement agency on __________. I am attaching with this
I have circled the following applicable description of the public property onto which I request the zone to be extended:
(a) to the low water mark of all oceanic bodies of water adjoining the subject property;
(b) to the center line of any street or thoroughfare that abuts the subject property; or
(c) onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.
Below I have briefly described the public property onto which this application proposes to extend the fireworks prohibited zone:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
If authorized by a decision of the local governing body to extend the Fireworks Prohibited Zone, I agree to identify the subject property and extended public property included in the Fireworks Prohibited Zone on two signs or placards measuring not less than twelve inches by twelve inches posted in conspicuous locations on the subject property.
__________________________________________
OWNER, LESSEE, OR MANAGING AUTHORITY
__________________________________________
WITNESS
(3) A local governing body may provide by ordinance for additional information to be included in the application. The local governing body must not require a fee for this application.
(4) In considering whether a Fireworks Prohibited Zone may be extended onto public property as provided in item (1), the local governing body must:
(a) schedule a public hearing within a reasonable time from which the application is made;
(b) give fifteen days' public notice of the hearing in a newspaper of general circulation in the community; and
(c) receive testimony from interested persons, their agents, or their attorneys at the public hearing.
(5) No later than five calendar days following the public hearing, the local governing body must issue a written decision, including all findings of fact and rationales upon which the determination is made, concerning whether the Fireworks Prohibited Zone is to be extended.
(F) A local governing body or local law enforcement agency is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where contiguous properties have filed a Discharge of Fireworks Prohibited Agreement.
(G) A person may be prosecuted pursuant to the provisions of this section only if the subject property of the Fireworks Prohibited Zone is posted as required by this section.
(H) Unless restricted or prohibited by a lease or contract, a lessee may establish a Fireworks Prohibited Zone and apply for an extension of the zone onto public property as provided in this section during the time of the lease.
(I) A Discharge of Fireworks Prohibited Agreement exists only:
(1) during the ownership, lease, or authority of the person filing the agreement; or
(2) until the owner, lessee, or managing authority rescinds the agreement by withdrawing the documentation filed with the local law enforcement agency. If the subject property is no longer established as a Fireworks Prohibited Zone, any extension by a local governing body of the Fireworks Prohibited Zone to public property is unenforceable.
(J) The provisions of this section do not apply to a professional fireworks display show or demonstration that has been permitted or licensed to operate by the local governing body or has been authorized to operate as provided by law.
(K) Nothing in this section is designed to abrogate any civil remedies available under statutory or common law."
SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:
"(___) the grant or denial by a governing body of a county or municipality as provided in Section 23-35-175 of an application to extend a Fireworks Prohibited Zone beyond the subject property for which a Discharge of Fireworks Prohibited Agreement has been filed."
SECTION 3. 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.
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.
The Committee on Judiciary proposed the following amendment (JUD4767.001), 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 5, Title 7 of the 1976 Code is amended by adding:
"Section 7-5-175. The board of voter registration in each county, or the entity charged by law with registering an elector, shall provide voter registration application forms to the administration of any high school in this State, upon the administration's request."
SECTION 2. Chapter 39, Title 59 of the 1976 Code is amended by adding:
"Section 59-39-200. Each high school in this State shall make available to its students voter registration application forms. Pursuant to Section 7-5-175, the forms must be provided to high school administrators upon their request to the appropriate county voter registration board or entity charged by law with registering an elector."
SECTION 3. 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.
The following Bills were recommitted to the appropriate committees:
S. 740 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY,
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.
S. 219 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR PUBLIC WATER SYSTEM FROM ADOPTING, IMPLEMENTING, OR ENFORCING CROSS-CONNECTION CONTROL OR BACKFLOW PREVENTION STANDARDS THAT EXCEED THE STRINGENCY OF THE STANDARDS SET BY STATE LAW AND REGULATIONS; TO AMEND SECTION 44-55-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE SAFE DRINKING WATER ACT, SO AS TO INCLUDE A REFERENCE TO A "LOW HAZARD CROSS-CONNECTION"; TO AMEND SECTION 44-55-30, RELATING TO DESIGN AND CONSTRUCTION OF A PUBLIC WATER SYSTEM AND STANDARDS ESTABLISHED BY THE SOUTH CAROLINA BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE BOARD TO ADOPT REGULATIONS DEFINING A HIGH HAZARD CROSS-CONNECTION AND A LOW HAZARD CROSS-CONNECTION, TO DESCRIBE CERTAIN LOW HAZARD CROSS-CONNECTIONS, AND TO EXEMPT LOW HAZARD CROSS-CONNECTIONS FROM REGULATION; AND TO AMEND SECTION 44-55-40, RELATING TO CONSTRUCTION, INSPECTION, OPERATION, AND APPROVAL OF PUBLIC WATER TREATMENT FACILITIES AND WELLS, SO AS TO EXEMPT A LOW HAZARD CROSS-CONNECTION FROM ITS PROVISIONS.
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Medical Affairs
There was no objection.
S. 616 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA,
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Transportation.
There was no objection.
S. 794 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Transportation.
There was no objection.
S. 260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
S. 975 (Word version) -- Senators Waldrep, Hutto, Cromer, Knotts and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY FAIRNESS ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Agriculture and Natural Resources
There was no objection.
S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, Cromer,
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.
S. 387 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.
There was no objection.
S. 1147 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS
Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Fish, Game, and Forestry.
There was no objection.
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 CAROLINA HERITAGE TRUST PROGRAM AND ITS STAFF FOR ITS EFFORTS IN PROTECTING AND PRESERVING THE ENVIRONMENT FOR FUTURE GENERATIONS OF SOUTH CAROLINIANS.
The Concurrent Resolution was adopted, ordered returned 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 Concurrent Resolution was adopted, ordered sent to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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
The Concurrent Resolution was adopted, ordered returned to the House.
S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
Senator MARTIN objected to further consideration of the Bill.
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.
Senator KNOTTS objected to further consideration of the Resolution.
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
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator WALDREP proposed the following amendment (4821R001.RLW):
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION ____. Section 40-45-110 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding any provision to the contrary, nothing in this chapter shall be construed to prohibit conduct authorized by Chapter 113 of Title 44." /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
Senator VERDIN objected to further consideration of the Bill.
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
On motion of Senator GROOMS, with unanimous consent, the Bill was carried over.
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.
Senator HAYES explained the Resolution.
On motion of Senator HAYES, with unanimous consent, the Joint Resolution was carried over.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Master Matthew Hix, age 6, of Greer, S.C.
At 1:44 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 1:00 P.M.
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