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

Wednesday, May 2, 2001

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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 the Psalmist in a moment of stress, Psalm 55:6:

"O that I had wings like a dove!

I would fly away and be at rest,

Yea, I would wander afar,

I would lodge in the wilderness!"
Let us pray.

Our Father, King David knew what it was to live under stress.

If we should be tempted to flee the arena of troubled days, call us back with stern rebuke and remind us that our place is not in flight but in the fight - not in withdrawal but in involvement - not some sequestered quiet place but in the very midst of the world of restless people!

Now, late in the session, may we not weaken in our assignments, knowing that the resting place is not ours until we have finished well our work.

But, day by day, we thank You for strength for our tasks.
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:

Local Appointments

Initial Appointment, Allendale County Magistrate, with term to commence June 30, 2001, and to expire April 30, 2002

Carl McKenzie Love, P. O. Box 1133, Fairfax, S.C. 29827 VICE Rufus E. Ferguson

Reappointment, York County Natural Gas Authority, with term to commence March 1, 2000, and to expire March 1, 2003

Charles E. Alvis, 976 Hawthorne Lane Extension, Rock Hill, S.C. 29730

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2613
Agency: Board of Education
59-18-340, and 59-30-10
Subject: Testing Programs
(New Title: Assessment Program)
Received by Lieutenant Governor May 2, 2001
Referred to Education Committee
Legislative Review Expiration
August 30, 2001 (Subject to Sine Die Revision)

Document No. 2618
Agency: Department of Natural Resources
Subject: Hunt Units and Wildlife Management Area Regulations
Received by Lieutenant Governor May 2, 2001
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration August 30, 2001
(Subject to Sine Die Revision)

Document No. 2621
Agency: Department of Labor, Licensing and Regulation
Manufactured Housing Board
Subject: Retail Managers; Finance Managers
Received by Lieutenant Governor May 2, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 30, 2001
(Subject to Sine Die Revision)

Doctor of the Day

Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 663 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXTEND HEARTIEST CONGRATULATIONS AND BEST WISHES TO MRS. LEASE MARIE STANYARD ASHE ON THE OCCASION OF HER NINETIETH BIRTHDAY.
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The Senate Resolution was adopted.

S. 664 (Word version) -- Senator Pinckney: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, SO AS TO ADD ARTICLE 34 ENACTING THE "SOUTH CAROLINA NURTURING RESPONSIBLE FAMILIES INITIATIVE ACT" TO DEVELOP POLICIES AND PROCEDURES TO REDUCE DEPENDENCY ON GOVERNMENT BENEFITS, TO ENSURE THAT CHILDREN FROM LOW-INCOME FAMILIES BENEFIT FROM THE INVOLVEMENT OF TWO PARENTS, AND TO FACILITATE THE INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES; TO ESTABLISH THE LOW-INCOME FATHERHOOD COMMISSION TO PROMOTE INVOLVEMENT OF FATHERS WITH THEIR CHILDREN AND TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION AND ITS POWERS AND DUTIES; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A STATEWIDE PLAN TO PROMOTE FATHER INVOLVEMENT AND TO REQUIRE THE PLAN TO INCLUDE VARIOUS STATE AGENCIES AND LOCAL ORGANIZATIONS IN CARRYING OUT THE STATEWIDE PLAN; TO REQUIRE STATE AGENCIES TO DEVELOP POLICIES AND PROCEDURES FOR THE DISSEMINATION OF INFORMATION AND FOR REFERRAL OF FATHERS TO SERVICE DELIVERY ENTITIES THAT CAN PROVIDE EMPLOYMENT AND TRAINING ASSISTANCE; TO PROMOTE THE UTILIZATION OF COMMUNITY-BASED AND FAITH-BASED ORGANIZATIONS AND WORK DEVELOPMENT BOARDS IN PROVIDING SERVICES TO LOW-INCOME FATHERS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT TO DEVELOP POLICIES AND PROCEDURES TO ASSIST LOW-INCOME FATHERS IN PAYING CHILD SUPPORT DEBT; TO PROVIDE REDUCTIONS IN CHILD SUPPORT ARREARAGES TO LOW-INCOME FATHERS WHO MEET CERTAIN ECONOMIC, EMPLOYMENT, AND PAYMENT REQUIREMENTS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT AND THE DEPARTMENT OF CORRECTIONS TO CROSS MATCH INMATES AND CHILD SUPPORT OBLIGORS, TO ASSIST LOW-INCOME FATHERS IN OBTAINING APPROPRIATE CHILD SUPPORT OBLIGATIONS, AND TO INFORM THEM OF THEIR CHANGING OBLIGATIONS UPON RELEASE; TO ESTABLISH THE WORK AND FAMILY REINTEGRATION INITIATIVE TO HELP REDUCE INCARCERATION RECIDIVISM THROUGH PROVIDING EMPLOYMENT, EDUCATIONAL, TRAINING, AND PARENTING OPPORTUNITIES FOR INCARCERATED PARENTS; AND TO REQUIRE THE DEVELOPMENT OF COMMUNITY ACCESS CENTERS TO HELP PROVIDE SERVICES TO INDIVIDUALS REENTERING THE FAMILY AND WORKFORCE FROM PRISON.
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Read the first time and referred to the Committee on Judiciary.

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

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

H. 3946 (Word version) -- Reps. Cooper, Townsend, White, Thompson, Martin and Stille: A BILL TO AMEND CHAPTER 36 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT THE MEMBERSHIP OF A NONPROFIT CORPORATION ORGANIZED UNDER THE PROVISIONS OF CHAPTER 36 MAY ELECT FOR THE CORPORATION TO BECOME A PUBLIC BODY POLITIC AND CORPORATE.

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

H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J.M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL FROM PORGY AND BESS MAY NOT BE USED WITHOUT THE PERMISSION OF THE OWNERS OF THAT MATERIAL.

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

H. 4031 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

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

H. 4046 (Word version) -- Reps. J. Brown, Breeland, Clyburn and M. Hines: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE GRADUATES OF ALLEN UNIVERSITY CLASS OF 1951 WHO CELEBRATE THIS YEAR THE GOLDEN ANNIVERSARY OF THEIR GRADUATION AND TO CONGRATULATE THEM ON THE MANY SUCCESSES AND ACHIEVEMENTS WHICH HAVE COME TO THEM AS A RESULT OF THE EXCELLENT EDUCATION RECEIVED AT ALLEN UNIVERSITY.

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

H. 4047 (Word version) -- Reps. J. Hines and Snow: A CONCURRENT RESOLUTION TO RECOGNIZE THE LATE BUDDY JOHNSON AND HIS SISTER, ELLA JOHNSON, BOTH OF DARLINGTON COUNTY, FOR THEIR EXCEPTIONAL TALENTS AND ACCOMPLISHMENTS IN THE FIELD OF MUSIC ON THE OCCASION OF HIS INDUCTION INTO THE SOUTH CAROLINA MUSIC HALL OF FAME, AND THE UNVEILING OF A HISTORICAL MARKER ON THE GROUNDS OF MAYO HIGH SCHOOL WHICH CHRONICLES THEIR CAREERS IN THE MUSIC INDUSTRY.

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

H. 4050 (Word version) -- Reps. Carnell, Klauber, Wilder and Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK MS. JEAN TILLEY OF COLUMBIA FOR HER OUTSTANDING SERVICE AND GOOD WILL TO THE HOSPICE INDUSTRY IN THE PALMETTO STATE.

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

H. 4051 (Word version) -- Reps. Sharpe, Rhoad, McLeod, Koon, Bales, Battle, Frye, Gourdine, Riser, Snow, Townsend and Webb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA FOR ITS COMMITMENT TO RESPONSIBLE USE OF NATURAL RESOURCES AND FOR THE CREATION AND IMPLEMENTATION OF THE SUSTAINABLE FORESTRY INITIATIVE AS A MEANS TO THE RESPONSIBLE USE OF THE NATURAL RESOURCES OF THIS STATE.

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 4055 (Word version) -- Rep. J.E. Smith: A CONCURRENT RESOLUTION TO PROCLAIM MAY 3, 2001, ASTHMA DAY IN THE STATE OF SOUTH CAROLINA, AND TO RECOGNIZE THAT IT TAKES PERSISTENT AND COLLECTIVE EFFORTS AT THE LOCAL, STATE, NATIONAL, AND GLOBAL LEVELS TO CONQUER THIS GROWING PUBLIC HEALTH PROBLEM.

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

REPORTS OF STANDING COMMITTEES

Senator WILSON from the Committee on Transportation submitted a favorable report on:

S. 188 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERM LIMITATIONS ON DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO AUTHORIZE A COMMISSIONER TO SERVE TWO TERMS AND REQUIRE THE SELECTION OF A NEW COMMISSIONER FROM ANOTHER COUNTY WITHIN THE DISTRICT AT THE CONCLUSION OF THE SECOND TERM.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

S. 312 (Word version) -- Senators Verdin, Grooms, Fair, Thomas, Hawkins and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 478 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(E) IS CONSIDERED A SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE, AND SO AS TO PROVIDE THAT A VIOLATION OF SECTION 43-35-85(F) IS CONSIDERED A MOST SERIOUS OFFENSE FOR PURPOSES OF DETERMINING WHO IS ELIGIBLE FOR LIFE IMPRISONMENT WITHOUT PAROLE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 594 (Word version) -- Senators Land, Ford, Matthews, Patterson, Glover, Anderson, McGill, Leventis, Moore and Rankin: A BILL TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR VOTE RECORDERS, SO AS TO PROVIDE FOR STRAIGHT PARTY TICKET VOTING FOR THE ELECTORS FOR PRESIDENTIAL CANDIDATES.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a majority favorable and Senator HUTTO a minority unfavorable report on:

S. 603 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CEASE USING ITS "CLICK IT OR TICKET" CAMPAIGN AS A LAW ENFORCEMENT TOOL WHOSE PRIMARY PURPOSE IS TO DETECT AND ISSUE TICKETS TO SEAT BELT VIOLATORS ON A PRIMARY AS OPPOSED TO A SECONDARY BASIS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

S. 616 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE OF HANDICAPPED PARKING DISPLAY PLACARDS TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A DISABLED OR HANDICAPPED PERSON OR TO A HANDICAPPED PERSON, SO AS TO PROVIDE THAT HANDICAPPED PARKING DISPLAY PLACARDS ALSO MAY BE ISSUED TO A PRIVATE INDIVIDUAL WHO TRANSPORTS A DISABLED OR HANDICAPPED PERSON.

Ordered for consideration tomorrow.

Senator GLOVER from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.

Ordered for consideration tomorrow.

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

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.

Ordered for consideration tomorrow.

Senator GLOVER from the Committee on Judiciary submitted a favorable report on:

H. 3479 (Word version) -- Reps. W.D. Smith, Sandifer, Edge, J.E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F.N. Smith, J.R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young, Knotts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation submitted a favorable report on:

H. 3930 (Word version) -- Reps. Carnell, Rhoad, Robinson, Limehouse, Stuart, Martin, Weeks, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, 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, Knotts, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, 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, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION (SCDOT), THE TRANSPORTATION COMMISSION, AND EXECUTIVE DIRECTOR, ELIZABETH S. MABRY, FOR TAKING ACTION TO MEET THE TRANSPORTATION NEEDS OF THE STATE, AND FOR BEING NATIONALLY RECOGNIZED FOR EFFICIENCY AND PRODUCTIVITY DESPITE BEING THE LOWEST FUNDED HIGHWAY DEPARTMENT IN THE NATION.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 2, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, 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, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, 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, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 618 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF CERTAIN JUDGES TO THE CIRCUIT COURT AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRES IN 2001, OR WHOSE POSITION MUST OTHERWISE BE FILLED.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 644 (Word version) -- Senator Ritchie: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE COWPENS LIONS CLUB ORGANIZED IN 1951 UPON THE CELEBRATION OF THEIR FIFTIETH ANNIVERSARY ON JUNE 18, 2001, AND TO EXTEND TO THEM MANY MORE YEARS OF FAITHFUL SERVICE TO THE COMMUNITY.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 645 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE JACKIE MOORE MCNEILL OF WEST COLUMBIA, LEXINGTON COUNTY, ON BEING CHOSEN THE "2001 MS. SENIOR SWEETHEART OF AMERICA" IN A NATIONAL COMPETITION HELD IN FALL RIVER, MASSACHUSETTS, IN NOVEMBER 2000.

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 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. 3380 (Word version) -- Reps. Jennings and Kelley: A BILL TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.

H. 3642 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye, Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: 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 AUTHORIZE 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.

H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS; TO AMEND SECTION 59-18-1930, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.

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

Senator MOORE proposed the following amendment (PURPLE HEART), which was adopted:

Amend the bill, as and if amended, page 2, line 24 by inserting:

SECTION 2. Section 59-111-20(A) of the 1976 Code, as amended by Act 151 of 1993, is further amended to read:

"(A)   A child of a wartime veteran, upon application to and approval by the South Carolina Department of Veterans Affairs, may be admitted to any state-supported college, university, or post high school technical education institution free of tuition so long as his work and conduct is satisfactory to the governing body of the institution, if the veteran was a resident of this State at the time of entry into service and during service or has been a resident of this State for at least one year and still resides in this State or, if the veteran is deceased, resided in this State for one year before his death, and provided the veteran served honorably in a branch of the military service of the United States during a war period, as those periods are defined by Section 101 of Title 38 of the United States Code and:

(1)   was killed in action;

(2)   died from other causes while in the service;

(3)   died of disease or disability resulting from service;

(4)   was a prisoner of war as defined by Congress or Presidential proclamation during such war period;

(5)   is permanently and totally disabled, as determined by the Veterans Administration from any cause;

(6)   has been awarded the Congressional Medal of Honor;

(7)   is missing in action; or

(8)   the applicant is the child of a deceased veteran who qualified under items (4) and (5); or

(9)   has been awarded the Purple Heart for wounds received in combat."

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

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

Senator MOORE proposed the following amendment (GGS\22055CM01), which was adopted:

Amend the bill, as and if amended, Section 56-5-4030(C), as contained in SECTION 1, by striking lines 1 through 4 on page 2 and inserting:

/   (C)   Appurtenances on motor homes, house trailers, and truck campers may extend to a maximum of six inches beyond the maximum width requirement contained in subsection (B). /

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

H. 3920 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 90 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SERTOMA INTERNATIONAL SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

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

H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (SWB\5372DJC01), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/ SECTION   1.   Section 50-11-1910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1910.     (A)   It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale the following: any live deer (family cervidae), the venison of any deer except as provided in Section 50-11-1920, any whitetail deer gametes or antler velvet, or any whitetail deer antlers attached to the pedicel.

(B)   For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third or subsequent offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days." /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

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

SECOND READING BILLS

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

H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.

H. 3879--Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 3879 was ordered to receive a third reading on Thursday, May 3, 2001.

H. 3087 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.

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.

AMENDMENT PROPOSED, CARRIED OVER

H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.

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

Senator THOMAS proposed the following amendment (BBM\10243HTC01):

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

/ SECTION   1.   Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-2740.   (A)   The Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter shall be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county shall allow 30 days for the payment of taxes before the county notifies the department to suspend the person's driver's license and vehicle registration.

(B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension will not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:

(1)   For a first offense under this section, the penalty shall be a fine not to exceed fifty dollars.

(2)   For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.

(3)   For a third or subsequent offense under this section, the penalty shall not exceed the general criminal jurisdiction of a magistrate's court.

(C)   Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on their court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.

(D)   Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of thirty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."

SECTION   2.   This act takes effect on October 1, 2001. /

Amend title to conform.

On motion of Senator MOORE, the Bill was carried over.

AMENDMENT PROPOSED, OBJECTION

H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G.M. Smith, J.E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder, J. Young and Knotts: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.

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

Senator FAIR proposed the following amendment (3614C001.MRH):

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

/ SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

  "Article 89

'Choose Life' Special License Plates

Section 56-3-8910.   (A)   The Department of Public Safety shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'Choose Life'. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expense of producing the license plate. The remaining funds shall be designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's caseload in the preceding calendar year was of the total caseload of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.

(C)   Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.

(D)   If the department receives less than three hundred biennial applications and renewals for the 'Choose Life' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."           /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator HUTTO objected to further consideration of the Bill.

AMENDMENT PROPOSED, OBJECTION

S. 510 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO REVISE CERTAIN DEFINITIONS, MAKE CERTAIN TECHNICAL CHANGES, PROVIDE THAT OPTOMETRISTS, AS WELL AS OPHTHALMOLOGISTS, MAY EXAMINE VISUALLY IMPAIRED PERSONS FOR THE COMMISSION, TO PROVIDE FOR A SPECIAL SERVICES SECTION OF THE COMMISSION TO PROVIDE EDUCATIONAL SERVICES, TO REVISE THE HEARING PROCEDURE FOR DISSATISFIED APPLICANTS AND TO PROVIDE MEDIATION; TO AMEND SECTION 43-26-10, RELATING TO DEFINITIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE A DEFINITION; AND TO AMEND SECTION 43-26-40, RELATING TO LICENSES FOR THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS SO AS TO PROVIDE LICENSES ARE ISSUED FOR INDEFINITE PERIODS OF TIME AND TO DELETE THE RESPONSIBILITY OF THE COMMISSION TO SECURE OTHER PERMITS OR LICENSES FROM OTHER AGENCIES OR POLITICAL SUBDIVISIONS FOR ITS LICENSES.

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

Senator O'DELL proposed the following amendment (SKB\18468SOM01):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __.   Nothing in this act shall be construed to expand the scope of practice of an optometrist. /

Renumber sections to conform.

Amend title to conform.

Senators LEVENTIS and RYBERG objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 550 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48 ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".

Senator WALDREP moved that the Bill be made a Special Order.

Senator WALDREP explained the Bill.

A roll call vote was ordered.

Objection

Senator WALDREP asked unanimous consent to make a motion to withdraw the motion to make S. 550 a Special Order.

Senator HUTTO objected and stated that a roll call vote had been ordered.

Parliamentary Inquiry

Senator BRANTON made a Parliamentary Inquiry as to whether or not the Senate was in the process of having the Bill explained.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not a roll call vote had been ordered.

The PRESIDENT stated that a roll call vote had been ordered.

Objection

Senator BRANTON asked unanimous consent to make a motion to withdraw the motion to make S. 550 a Special Order.

Senator MOORE objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 36; Nays 9

AYES

Anderson                  Bauer                     Courson
Drummond                  Ford                      Giese
Glover                    Gregory                   Hawkins
Hayes                     Holland                   Hutto
Land                      Leatherman                Leventis
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--36

NAYS

Alexander                 Branton                   Elliott
Fair                      Grooms                    Martin
Mescher                   Ritchie                   Wilson

Total--9

S. 550 was made a Special Order.

S. 550--Co-Sponsor Removed

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was removed as a co-sponsor of S. 550.

COMMITTEE AMENDMENT ADOPTED
AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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 (JUD0096.001), which was adopted:

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

/   SECTION   1.   This act may be cited as "The South Carolina Exile Act of 2001".

SECTION   2.   Section 16-23-50(A)(1) of the 1976 Code is amended to read:

"(A)(1)   A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. However, a person who violates the provisions of this article, except Section 16-23-20, and who was previously convicted of a violent crime as defined in Section 16-1-60, upon conviction, must be sentenced to a mandatory term of imprisonment of five years, no part of which may be suspended or probation granted, in addition for the punishment provided for the principal offense. A person sentenced to a mandatory term of imprisonment pursuant to this section is not eligible for parole or any early release program; nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory term of imprisonment required by this section."

SECTION   3.   Section 16-23-490 of the 1976 Code is amended to read:

"Section 16-23-490.   (A)(1)   If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned sentenced to a mandatory term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal crime offense. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.

(2)   If a person is in possession of a firearm whether on his person or within his immediate access, or visibly displays what appears to be a firearm during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Section 44-53-370, he must be sentenced to a mandatory term of imprisonment of five years, no part of which may be suspended or probation granted, in addition to the punishment provided for the principal offense.

(B)   Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. A person sentenced to a mandatory term of imprisonment pursuant to this section is not eligible for parole or any early release program; nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory term of imprisonment required by this section. The court may must impose this mandatory five-year sentence to run consecutively or concurrently to the sentence imposed for the principal offense.

(C)   The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.

(D)(C)   As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will can, or is capable of, or is designed to, or may readily be converted to expel a projectile; 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

(E)(D)(1)   The additional punishment may must not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment. The penalties prescribed in this section subsection (A)(1) may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.

(2)   The penalties prescribed in subsection (A)(2) must not be imposed unless the person convicted was at the same time indicted for and convicted of the offense of the unlawful manufacture, sale, or distribution of a controlled substance, or the offense of the possession of a controlled substance with intent to distribute as defined in Section 44-53-370.

(E)(1)   The additional punishment penalties may must not be imposed unless the indictment alleged as a separate count that:

(a)   the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays displayed a knife during the commission of the violent crime and conviction was had upon this the person was convicted of this separate count in the indictment; or

(b)   the person was in possession of a firearm whether on his person or within his immediate access, or visibly displayed what appeared to be a firearm during the commission or attempted commission of the unlawful manufacture, sale, or distribution of a controlled substance, or during the possession of a controlled substance with the intent to distribute as defined in Section 44-53-370 and the conviction was obtained on this count in the indictment.

(2)   The penalties prescribed in this section may subsection (a) must not be imposed unless the person convicted was at the same time indicted for and convicted of a violent crime as defined in Section 16-1-60. The penalties prescribed in subsection (b) must not be imposed unless the person convicted was at the same time indicted and convicted of the offense of the unlawful manufacture, sale, or distribution of a controlled substance, or the offense of the possession of a controlled substance."

SECTION   4.   If any provision of this act or its application thereof to any person is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end the provisions of this act are severable.

SECTION   5.   This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced as provided by the law in force and effect at the time of the commission of the offense.   /

Renumber sections to conform.

Amend title to conform.

Senator WILSON explained the committee amendment.

Senator WILSON moved that the amendment be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 37; Nays 5

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Elliott
Fair                      Giese                     Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Land
Leventis                  Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Peeler
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep
Wilson

Total--37

NAYS

Ford                      Glover                    Matthews
Patterson                 Pinckney

Total--5

The committee amendment was adopted.

Amendment No. 1

Senators GLOVER and PINCKNEY proposed the following Amendment No. 1 (JUD0096.050):

Amend the bill, as and if amended, in Section 16-23-490(E)(1)(b), as contained in SECTION 3, by striking /whether on his person or within his immediate access, or visibly displayed what appeared to be a firearm/

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

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

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Allendale County Magistrate, with term to commence June 30, 2001, and to expire April 30, 2002

Carl McKenzie Love, P. O. Box 1133, Fairfax, S.C. 29827 VICE Rufus E. Ferguson

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:

Reappointment, York County Natural Gas Authority, with term to commence March 1, 2000, and to expire March 1, 2003

Charles E. Alvis, 976 Hawthorne Lane Extension, Rock Hill, S.C. 29730

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Elbert Neal Herring of Myrtle Beach, S.C., beloved husband, loving father and distinguished businessman.

ADJOURNMENT

At 3:43 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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