South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Tuesday, March 13, 2001

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words recorded in Jeremiah 31:15, rendered in "The Living Bible":

"The Lord spoke to me again saying: 'In Ramah there is bitter weeping. Rachel is weeping for her children and she cannot be comforted, for they are gone'."
Let us pray.

Lord God, Father of us all, we remember before Your throne of grace the parents of the children across this land that have been murdered by other children... in school and as playmates!

Then come the questions, "Why" and "How" can we prevent it from happening... anywhere?

Father, how can we teach the value of human life? And how can we teach that human life belongs to God? And how can we teach self-control?

And most of all, how can we, by precept and example, fulfill the admonition of the Apostle John when he begged, "Little children, love one another!"
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Kathryn Grace Billing, 19 Graymont Circle, Columbia, S.C. 29205

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2001, and to expire June 30, 2004

At-Large

David Cushing Stinson, 434 Berrie Road, Aiken, S.C. 29801 VICE Sybil M. Whitenburg

Referred to the Committee on Education.

Recalled and Committed

On motion of Senator PEELER, the following appointment was recalled from the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1995, and to expire March 15, 2002

6th Congressional District

Alease G. Samuels, P. O. Box 501, Walterboro, S.C. 29488 VICE Deanne C. Jolly - resigned

Committed to the Committee on Medical Affairs.

Recalled and Committed

On motion of Senator PEELER, the following appointment was recalled from the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2002, and to expire March 15, 2009

6th Congressional District

Alease G. Samuels, P. O. Box 501, Walterboro, S.C. 29488

Committed to the Committee on Medical Affairs.

Doctor of the Day

Senator RAVENEL introduced Dr. Gerald Harman of Pawley's Island, S.C., Doctor of the Day.

Privilege of the Chamber

On motion of Senator SALEEBY, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to members of the family of Dale Earnhardt.

RECALLED AND ADOPTED

S. 423 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECH-LANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA'S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.

Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

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

There was no objection.

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

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 435 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE FOUR DISTINGUISHED CHARTER MEMBERS, JACK CALLISON, MACK EUBANKS, WILSON HOWARD, AND FRANK SMITH OF THE CAYCE-WEST COLUMBIA LIONS CLUB UPON RECEIVING SPECIAL RECOGNITION FROM THE CLUB FOR THEIR FAITHFUL SERVICE AS CHARTER MEMBERS FOR ALMOST HALF A CENTURY AND TO RECOGNIZE AND COMMEND THE CAYCE-WEST COLUMBIA LIONS CLUB FOR ITS OUTSTANDING CONTRIBUTIONS TO ITS COMMUNITY AND STATE AS IT NEARS THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY IN AUGUST 2002.
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The Senate Resolution was adopted.

S. 436 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, UPON BEING NAMED TOP MIDDLE SCHOOL STUDENT VOLUNTEER FOR SOUTH CAROLINA IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
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The Senate Resolution was adopted.

S. 437 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION TO REINSTATE THE RENEWAL OF THE PALMETTO FELLOWS SCHOLARSHIP FOR ANY STUDENT WHO SUCCESSFULLY COMPLETED THE MANDATORY MINIMUM OF THIRTY CREDIT HOURS FOR THE ACADEMIC YEAR 1999-2000, INCLUDING EXEMPTED CREDIT HOURS, AS LONG AS THE STUDENT APPEALED THE DISQUALIFYING DECISION OF THE COMMISSION, AND AS LONG AS THE STUDENT MET AND CONTINUES TO MEET ALL OTHER CRITERIA.
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Read the first time and referred to the Committee on Education.

S. 438 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT CERTAIN TERI PARTICIPANTS; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AT LEAST A SIXTY-DAY BREAK IN SERVICE BEFORE A RETIREE MAY RETURN TO COVERED EMPLOYMENT AND CONTINUE TO RECEIVE THESE BENEFITS, TO PROVIDE THAT THE RETIREMENT BENEFIT OF A RETIREE RETURNING TO COVERED EMPLOYMENT IS SUSPENDED IF THE MINIMUM BREAK IN SERVICE IS NOT OBSERVED, AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 9-1-2210, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM, SO AS TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MUST BE OFFERED BY THE EMPLOYER AND MUST BE AGREED TO MUTUALLY BY THE EMPLOYEE AND EMPLOYER AND TO PROVIDE AN EXCEPTION TO THIS CURRENT REQUIREMENT FOR A TEACHER-EMPLOYEE, TO CLARIFY CONDITIONS UNDER WHICH A RETIREMENT SYSTEM MEMBER IS INELIGIBLE TO PARTICIPATE AND WHEN A PROGRAM PARTICIPANT IS NO LONGER ELIGIBLE TO PARTICIPATE, TO PROVIDE THAT PROGRAM PARTICIPANTS MUST NOT BE PAID FOR ANNUAL LEAVE WHEN THEY TERMINATE AND PROVIDE THAT THEY ACCRUE SICK AND ANNUAL LEAVE WHICH THEY MAY USE DURING THE PROGRAM PERIOD, TO DELETE REDUNDANT PROVISIONS AND REFERENCES TO THE STATUS OF EMPLOYEES FAILING TO TERMINATE AT THE END OF THE PROGRAM PERIOD.
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Read the first time and referred to the Committee on Finance.

S. 439 (Word version) -- Senators J. Verne Smith, Leatherman and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS AND TO DEFINE HALF-STAFF.
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Read the first time and referred to the Committee on Finance.

S. 440 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 441 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER MAY BE APPOINTED FOR EVERY TWO REGULAR POLL MANAGERS APPOINTED TO WORK IN A PRECINCT.
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Read the first time and referred to the Committee on Judiciary.

S. 442 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO MODIFY AND CLARIFY THE LANGUAGE REGARDING MATERIALS RELATING TO THE NUMBER OF FINALISTS TO FILL AN EMPLOYMENT POSITION.
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Read the first time and referred to the Committee on Judiciary.

S. 443 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FORMS OF PRACTICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2575, 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. 444 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE APPRAISERS BOARD, RELATING TO PRACTICES OF REAL ESTATE APPRAISERS, MASS APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2579, 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. 445 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2526, 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. 446 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR LICENSE RENEWAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2576, 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. 447 (Word version) -- Senators Grooms, Mescher, Branton and Passailaigue: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE THAT THERE IS NO OPEN SEASON IN THE REDIVERSION CANAL FROM ST. STEPHEN DAM SEAWARD TO THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL, AND TO FURTHER PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS IN THE REDIVERSION CANAL FROM THE SEAWARD TERMINUS OF THE NORTHERN DIKE OF THE REDIVERSION CANAL SEAWARD TO THE SANTEE RIVER.
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Senator GROOMS spoke on the Bill.

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 447 -- Ordered to a Second and Third Reading

On motion of Senator GROOMS, the Bill was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 448 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 123 AND SOUTH CAROLINA HIGHWAY 11 IN OCONEE COUNTY THE "ROBERT E. LEE BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 449 (Word version) -- Senators Peeler, Short and Bauer: A SENATE RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF CARLISLE HART ON TUESDAY, FEBRUARY 28, 2001, AND CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

H. 3436 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF THE LEGISLATIVE AUDIT COUNCIL AND THEIR CONFIDENTIALITY PRIOR TO PUBLICATION OF THE FINAL AUDIT REPORT, SO AS TO PROVIDE THAT ALL RECORDS AND AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL ARE CONFIDENTIAL AT ALL TIMES.

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

H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

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

H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw, J.R. Smith and Knotts: A JOINT RESOLUTION TO PROVIDE THAT LAPSED FUNDS OF THE DEPARTMENT OF EDUCATION INCLUDING EIA FUNDS FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM ANY REQUIRED SPENDING REDUCTIONS.

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

H. 3584 (Word version) -- Reps. McLeod, Koon, Ott, Rhoad, Bowers, Frye, Harvin, Jennings, Littlejohn, Riser, Sharpe, Snow, Stuart, Webb, Witherspoon, Coleman, Delleney, Harrison, Lucas and Sheheen: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO EXTEND THE CURRENT UNITED STATES - CANADA SOFTWOOD LUMBER AGREEMENT SCHEDULED TO EXPIRE MARCH 31, 2001, IN ORDER TO MAINTAIN AND ENCOURAGE OPEN AND COMPETITIVE SALES OF TIMBER.

The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

H. 3669 (Word version) -- Reps. Bales, Knotts, Allen, Allison, Altman, Askins, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young and Wilkins: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

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

H. 3672 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING AIKEN COUNTY TO THE GOVERNING BODY OF AIKEN COUNTY AND TO PROVIDE EXCEPTIONS.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 3699 (Word version) -- Reps. Jennings and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.

Senator LEATHERMAN spoke on the Concurrent Resolution.

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

REPORTS OF STANDING COMMITTEES

Senator WILSON from the Committee on Transportation polled out S. 263 favorable:

S. 263 (Word version) -- Senator Gregory: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 521 AND HIGHWAY 9 BYPASS, FROM ITS BEGINNING AT THE INTERSECTION OF THE BYPASS AND HIGHWAY 521 SOUTHEAST OF THE TOWN OF LANCASTER TO THE INTERSECTION OF HIGHWAY 9 AND THE CHESTER COUNTY LINE AT THE CATAWBA RIVER BRIDGE, THE "VETERANS MEMORIAL HIGHWAY" IN HONOR OF THE VETERANS OF LANCASTER COUNTY AND AS A TOKEN OF APPRECIATION FOR THEIR FAITHFUL SERVICE TO THEIR STATE AND NATION, AND REQUEST THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                Land
McGill                    Elliott                   Ryberg
Short                     Grooms                    Ford
Bauer                     Richardson                Hawkins
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3190 favorable:

H. 3190 (Word version) -- Reps. Keegan, Barfield, Edge, Kelley, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 544 RUNNING FROM THE HIGHWAY 501 BYPASS IN CONWAY TO HIGHWAY 17 BUSINESS IN SURFSIDE THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL DENNIS LYDEN, WHO WAS KILLED IN THE LINE OF DUTY ON JUNE 5, 2000, WHILE MAKING A TRAFFIC STOP THERE, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL LYDEN'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND HORRY COUNTY.

Poll of the Transportation Committee
Polled 13; Ayes 13; Nays 0; Not Voting 4

AYES

Wilson                    Leatherman                McGill
Elliott                   Ryberg                    Rankin
Short                     Grooms                    Ford
Bauer                     Richardson                Ritchie
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

TOTAL--4

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 423 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECH-LANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA'S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 425 (Word version) -- Senators Wilson, Ryberg, Bauer, Setzler, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE RYAN C. SHEALY, A FORMER MEMBER OF THE SOUTH CAROLINA STATE SENATE AND THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 436 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, UPON BEING NAMED TOP MIDDLE SCHOOL STUDENT VOLUNTEER FOR SOUTH CAROLINA IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3634 (Word version) -- Reps. Snow, Knotts, Allison, Altman, Askins, Bales, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-689 SO AS TO PROVIDE THAT BEACH MUSIC IS DESIGNATED AS THE OFFICIAL STATE POPULAR MUSIC OF SOUTH CAROLINA.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3227 (Word version) -- Reps. Altman and Neilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.

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

Senators PASSAILAIGUE, MOORE and REESE proposed the following amendment (3227R001.ELP), which was adopted:

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

/   SECTION   1.     A.   Section 12-37-220(B) of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding an appropriately numbered item at the end to read:

"( )   The dwelling home and a lot not to exceed one acre of land owned in fee or for life or jointly with a spouse by a resident of this State who is a recipient of the Medal of Honor or who was a prisoner of war in World War I, World War II, the Korean Conflict, or the Vietnam Conflict. The exemption is allowed to the surviving spouse under the same terms and conditions governing the exemption for surviving spouses pursuant to item (1) of this subsection. A person applying for this exemption must provide the evidence of eligibility the department requires."

B.     Upon approval by the Governor, this SECTION is effective for property tax years beginning after 2001.

SECTION   2.     A.   The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:

"The first twenty fifty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the The auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."

B.     Upon approval by the Governor, this SECTION is effective for property tax years beginning after 2000.   /

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

THIRD READING BILLS

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

S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.

Senator LEATHERMAN explained the Bill.

S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 46 (Word version) -- Senators Ford, Elliott, Reese and Branton: A BILL TO AMEND SECTION 23-6-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC STOPS BY COMMISSIONED AND UNIFORMED OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROHIBIT OFFICERS FROM USING RACE AS A FACTOR IN THEIR DECISION TO STOP A VEHICLE.

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

Senator RITCHIE asked unanimous consent to take the amendment up for immediate consideration.

There was no objection.

Senator RITCHIE proposed the following amendment (JUD046.004), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 11 through 16 in their entirety and inserting therein the following:

/   TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 271 (Word version) -- Senators Wilson, Giese and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO PROVIDE FOR A SPECIAL REASSESSMENT BY THE COUNTY ASSESSOR WHEN THE FAIR MARKET VALUE OF PARCELS OF REAL PROPERTY ADJACENT TO A RIVER, STREAM, POND, OR LAKE HAS BEEN ADVERSELY IMPACTED BY THE RELEASE INTO THE WATER OF POLLUTANTS BY OTHER THAN THE AFFECTED PROPERTY OWNER, TO PROVIDE THAT THIS SPECIAL REASSESSMENT MAY RESULT ONLY IN REDUCED FAIR MARKET VALUE, TO PROVIDE FOR APPEAL OF THE VALUE DETERMINED IN THIS SPECIAL REASSESSMENT, AND TO PROVIDE THAT A PROPERTY OWNER MAY TAKE THE STANDARD APPEAL WITHOUT REGARD TO THE OTHERWISE APPLICABLE YEARLY DEADLINE TO FILE AN APPEAL IF THE PROPERTY OWNER ELECTS NOT TO BE COVERED BY THE SPECIAL REASSESSMENT.

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

Senator WILSON spoke on the Bill.

Senator LEVENTIS asked unanimous consent to take the amendment up for immediate consideration.

There was no objection.

Senators LEVENTIS and WILSON proposed the following amendment (271R001.PPL), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 11 through 27, and inserting:

/   TO AMEND SECTION 12-60-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO PROVIDE THAT IN YEARS WHERE THERE IS NO NOTICE OF PROPERTY TAX ASSESSMENT, THE TAXPAYER MUST GIVE THE ASSESSOR WRITTEN NOTICE OF AN OBJECTION ON OR BEFORE MAY FIRST RATHER THAN MARCH FIRST.     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

H. 3053 (Word version) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE STATE RETIREMENT ACCOUNT OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES, RETIREMENT ALLOWANCES AND CONTRIBUTIONS ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO, AND TO PROVIDE THAT MONIES DERIVED FROM A PRIVATE RETIREMENT SYSTEM OPERATED BY A MUNICIPALITY ARE NOT SUBJECT TO SECTION 8-1-115; TO AMEND SECTION 9-8-190, SECTION 9-9-180, AND SECTION 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; AND TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION.

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 (JUD3053.003), which was adopted:

Amend the bill, as and if amended, page 5, line 19, by adding an appropriately numbered new SECTION to read:

/   SECTION   _____.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.   /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the committee amendment.

The committee amendment was adopted.

Senator McCONNELL proposed the following amendment (SKB\18271SOM01), which was adopted:

Amend the bill, as and if amended, in Section 8-1-115 as contained in SECTION 1, page 2, line 29 by striking subsections (B) and (C) and inserting:

/   (B)(1)   The presiding judge before whom any public officer, employee, or any other person is convicted of an offense described in subsection (A) must send to the Attorney General and the appropriate retirement or pension plan system a notice of the lien showing the name of the person convicted whose retirement or pension plan is subject to the lien created by subsection (A) and the date of the conviction, which is the date upon which the lien attaches. The presiding judge must set the lien at the time of conviction and the presiding judge's notice of lien must state the amount of the lien.

(2)   Within ten days of the date of conviction, the spouse or representative of the minor children may file a petition with the presiding judge requesting the judge to dissolve the lien, in whole or in part, in favor of the spouse or minor children because the spouse or minor children would suffer extreme financial hardship if the lien were to attach. If the petition is filed, the lien is stayed pending a hearing on the petition and the ruling of the judge. Any benefits occurring during the stay accrue to the potential benefit of the spouse and minor children, if the petition is successful, and do not accrue to the benefit of the convicted person. The judge's ruling must be based on clear and convincing evidence that the spouse or minor children would suffer extreme financial hardship were the lien to attach. To the extent that the lien is dissolved in whole or in part in favor of the spouse or minor children, the dissolution extends only until the minor children reach majority or the spouse remarries at which time the lien reattaches.

(C)   In addition to any other sentence imposed upon a person convicted of an offense described in subsection (A) and taking into account the petition process set forth in subsection (B), the presiding judge may require full restitution of all public funds embezzled or misappropriated and full payment for the conversion, use, and value of public property appropriated to private use, and may provide for an indeterminate sentence of incarceration or probation, or both, until restitution in full has been made./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

SECOND READING BILLS

The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

H. 3546 (Word version) -- Reps. Knotts, Altman, Bingham, Whatley and Wilkins: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2002, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO PROVIDE THAT A PERSON APPOINTED TO THE TASK FORCE BEFORE FEBRUARY 1, 2001, SHALL REMAIN ON THE TASK FORCE.

ACTING PRESIDENT PRESIDES

At 12:30 P.M., Senator MARTIN assumed the Chair.

S. 431 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMISSION OF EXPERT'S REPORT AS EVIDENCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2597, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

CARRIED OVER

S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

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

Senator SHORT spoke on the Bill.

PRESIDENT PRESIDES

At 12:40 P.M., the PRESIDENT assumed the Chair.

Senator SHORT continued speaking on the Bill.

Objection

Senator LEVENTIS asked unanimous consent to make a motion, with Senator SHORT retaining the floor, to carry over the Bill.

Senator HAWKINS objected.

Senator SHORT continued speaking on the Bill.

ACTING PRESIDENT PRESIDES

At 1:08 P.M., Senator MARTIN assumed the Chair.

Senator SHORT spoke on the Bill.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment with Senator SHORT retaining the floor.

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. LaBelle Birnbaum Tenenbaum of Savannah, Georgia, beloved mother of Mr. Sam Tenenbaum.

ADJOURNMENT

At 1:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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