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

Tuesday, May 22, 2001

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, today is a wonderful time to read St. Paul's words to the Philippians, Chapter 2:12ff.:

"... work out your own salvation with fear and trembling; for God is at work in you, both to will and to work for His good pleasure... that you may be blameless and innocent, children of God without blemish in the midst of a crooked and perverse generation, among whom you shine as lights in the world."
Let us pray.

What wonderful prospects, Lord, for Your children who love, trust and obey!

Make us worthy!
Amen.

Point of Quorum

At 12:02 P.M., Senator HUTTO made the point that a quorum was not present. It was ascertained that a quorum was not present.

RECESS

At 12:03 P.M., on motion of Senator HUTTO, the Senate receded from business pending the presence of a quorum.

At 12:10 P.M., a quorum being present, the Senate resumed.

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, Central Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Agricultural

Victor Eugene Cornette, M.D., Reedy Fork Farms, 110 Griffin Mill Road, Piedmont, S.C. 29673

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Southern Drought Response Committee, with term to commence March 1, 2000, and to expire March 1, 2004

Soil and Water Conservation

Marion L. Rizer, 2778 Confederate Highway, Lodge, S.C. 29082

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 1998, and to expire July 1, 2002

6th Congressional District

Vermelle Jamison Johnson, Ph.D., 691 Bramble Lane NE, Orangeburg, S.C. 29115 VICE Frank Gilbert

Referred to the Committee on Education.

Reappointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2002, and to expire July 1, 2006

6th Congressional District

Vermelle Jamison Johnson, Ph.D., 691 Bramble Lane NE, Orangeburg, S.C. 29115

Referred to the Committee on Education.

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2001, and to expire April 1, 2006

At-Large

Joanne Montague, 600 University Ridge, #41, Greenville, S.C. 29601 VICE James L. Victor

Referred to the Committee on Education.

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2001, and to expire October 18, 2005

At-Large

Lilly Stern Filler, M.D., 218 Southlake Road, Columbia, S.C. 29223 VICE Beverly A. Carroll

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2001, and to expire June 30, 2005

At-Large

Jerry Leo Finney, 1110 Woodrow Street, Columbia, S.C. 29205

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2001, and to expire June 30, 2005

At-Large

DeAndrea D. Gist, 943 Betsy Drive, Columbia, S.C. 29210 VICE William J. Capers

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2001, and to expire June 30, 2006

At-Large

John Samuel West, 1 Riverwood Drive, Moncks Corner, S.C. 29461 VICE Richard V. Davis

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1998, and to expire July 27, 2001

6th Congressional District

Jerome Stephens "Steve" Bilton, President & CEO Jim Bilton Ford, 5866 West Jim Bilton Blvd., St. George, S.C. 29477 VICE Chester A. Duke-moved to 1st

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

6th Congressional District

Jerome Stephens "Steve" Bilton, President & CEO Jim Bilton Ford, 5866 West Jim Bilton Blvd., St. George, S.C. 29477

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2000, and to expire November 27, 2004

Master Social Worker

Mary Frances Brown Curlee, 1274 Beechcreek Road, Lexington, S.C. 29072 VICE John R. Kennedy

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2001, and to expire August 15, 2005

At-Large

Clente Flemming, 200 Hastings Point Drive, Columbia, S.C. 29203 VICE James J. Kerr

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2001, and to expire May 31, 2004

Appraiser - General

Edward Frank "Buddy" Hucks, MAI, SRA, E. F. Hucks & Associates, Inc., 4710 Oleander Drive, Suite 1, Myrtle Beach, S.C. 29577 VICE Herbert R. Sass

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003

At-Large

Sarah E. Deitsch, Ph.D., Medical University of South Carolina, 99 Jonathan Lucas Street, Charleston, S.C. 29425

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2001, and to expire June 30, 2005

4th Congressional District

Issac B. Dickson, Jr., 109 Lakeland Avenue, Moore, S.C. 29369 VICE William E. Walsh

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 1996, and to expire March 15, 2003

3rd Congressional District

Timothy W. Evatt, Esquire, 2036 Five Forks Road, Pendleton, S.C. 29670 VICE Harry W. Findley

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2001, and to expire June 30, 2005

3rd Congressional District

Ronald Forrest, 112 Sheldon Avenue, Greenwood, S.C. 29649 VICE Emilie A. Towler

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Mental Health Commission, with term to commence July 31, 1998, and to expire July 31, 2003

5th Congressional District

Douglas F. Gay, 337 Plantation Road, Rock Hill, S.C. 29732

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003

At-Large

Seneca Brewton Henry, 113 Walters Road, Irmo, S.C. 29063 VICE Dave C. Waldrop

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2001, and to expire June 9, 2004

Nursing Home Administrators - Hospital

Melvin Kenneth Hiatt, Allendale County Hospital, P. O. Box 218, Fairfax, S.C. 29827

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1997, and to expire June 30, 2001

Area 3

James Lee Jewell, M.D., C.M.D., Jewell Family and Elder Medicine, PA, 1236 Ebenezer Road, Rock Hill, S.C. 29732

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2001, and to expire June 30, 2005

Area 3

James Lee Jewell, M.D., C.M.D., Jewell Family and Elder Medicine, PA, 1236 Ebenezer Road, Rock Hill, S.C. 29732

Referred to the Committee on Medical Affairs.

Reappointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2001, and to expire June 30, 2005

4th Congressional District

Mark B. Kent, 350 Riverside Dr., Greenville, S.C. 29605

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2001, and to expire March 15, 2008

2nd Congressional District

Rhonda Jocelyn Presha, 92 Westridge Road, Elgin, S.C. 29045 VICE Phillip J. Canders

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2000, and to expire April 1, 2004

George P. Sawyer, Jr. Ph.D., 425 Law Street, Hartsville, S.C. 29550 VICE Franklin G. Mason

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1999, and to expire April 1, 2003

Robert L. Smith, 128 Knightsbridge Drive, Charleston, S.C. 29418-3094

Referred to the Committee on Medical Affairs.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 15, 2001, and to expire May 15, 2008

2nd Congressional District

John R. Jordan, Cherokee, Inc., 6928 Cheval Street, Columbia, S.C. 29209 VICE Leon Goodall

Referred to the Committee on Judiciary.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2564
Agency: Department of Education
Subject: Accreditation Criteria
Received by Lieutenant Governor January 23, 2001
Referred to Education Committee
Legislative Review Expiration May 23, 2001
Revised June 11, 2001
HEPW Requested Withdrawal May 3, 2001
120 Day Period Tolled
Withdrawn and Resubmitted May 22, 2001

Doctor of the Day

Senator RAVENEL introduced Dr. H. Del Schutte of Charleston, S.C., Doctor of the Day.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Privilege of the Chamber

On motion of Senator J. VERNE SMITH, with unanimous consent, the Privilege of the Chamber, to that area of the Chamber behind the rail, was extended to Mr. J. Todd White, Principal of Mitchell Road Elementary School, and his party. Mr. White was commended by the Senate for being named the 2001 National Distinguished Principal and awarded the 2001 Milken National Outstanding Educator Award.

CARRIED OVER

H. 3687--GENERAL APPROPRIATION BILL

Having voted on the prevailing side, Senator MOORE moved to reconsider the vote whereby H. 3687, the General Appropriation Bill, was given a third reading on Friday, May 18, 2001.

On motion of Senator LEATHERMAN, with unanimous consent, the motion to reconsider was carried over.

HOUSE AMENDMENTS
AMENDED, CARRIED OVER

S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.

The House returned the Bill with amendments.

Amendment No. 1

Senator PASSAILAIGUE proposed the following Amendment No. 1 (RESMIN559-01.ELP), which was adopted:

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

/   SECTION   1.   A.   Section 12-36-90(2) of the 1976 Code is amended by adding an appropriately lettered sub item at the end to read:

"( )   interest, fees, or charges however described, imposed on a customer for late payment of a bill for electricity or natural gas, or both, whether or not sales tax is required to be paid on the underlying electricity or natural gas bill."

B.     Notwithstanding the general effective date of this act, this section takes effect upon approval by this act by the Governor and applies with respect to retail sales occurring on or after that date and sales before that date for all periods remaining open for the assessment of taxes by agreement or by operation of law. However, a refund is not due a taxpayer of sales and use tax paid on interest, fees, or charges, however described, imposed on a customer for late payment of a bill for electricity or natural gas, or both, before the effective date of this section.

SECTION   2.   Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:

"(a)   medicine and prosthetic devices sold by prescription, prescription medicines used in the treatment of renal disease, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples."

SECTION   3.   Section 12-36-2120(32) of the 1976 Code is amended to read:

"(32) natural, propane, and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk and to produce agricultural plants in greenhouses that subsequently will be replanted;"

SECTION   4.   Section 12-36-2120 of the 1976 Code is amended by adding two appropriately numbered items at the end to read:

"( )   wheelchairs;

( )   prosthetic devices and replacement parts for such devices not exempted pursuant to item (28) of this section."

SECTION   5.   A.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

( )     food items eligible for purchase with United States Department of Agriculture food coupons, provided that this exemption takes effect July 1, 2001. The exemption allowed by this item does not apply to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. Beginning in fiscal year 2001-2002 and each fiscal year thereafter a portion of all general fund revenues equal to one hundred and twenty percent of the amount of general fund revenue collected from the imposition of sales and use tax on food items eligible for purchase with United States Department of Agriculture food coupons during the last complete fiscal year the full five percent tax was imposed is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;

B.     Notwithstanding the general effective date of this act, this section takes effect July 1, 2001.

SECTION   6.   This act takes effect upon approval by the Governor./

Amend title to conform

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

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

Ayes 27; Nays 14

AYES

Alexander                 Anderson                  Branton
Courson                   Elliott*                  Fair
Ford                      Grooms                    Hawkins
Holland                   Hutto                     Leventis
McConnell                 O'Dell                    Passailaigue
Peeler                    Pinckney                  Rankin*
Ravenel                   Reese*                    Richardson
Ritchie                   Ryberg                    Saleeby
Setzler                   Thomas                    Wilson

Total--27

NAYS

Bauer                     Drummond                  Gregory
Hayes                     Land                      Martin
Matthews                  McGill                    Mescher
Moore                     Patterson                 Smith, J. Verne
Verdin                    Waldrep

Total--14

Amendment No. 1 was adopted.

Statement by Senator HAYES

I support eliminating the tax on food in South Carolina, but S. 559 is not the appropriate vehicle to do this, since the tax reduction in this Bill would cost the State approximately $300 million without directing which state programs are to be cut. Thus, in my opinion, voting for the PASSAILAIGUE amendment would not be the responsible way to eliminate this tax and, accordingly, I voted against the amendment.

Statement by Senator MARTIN

I voted against the Senate amendment by Senator PASSAILAIGUE. We gave third reading to the General Appropriation Bill last Friday afternoon, and it did not provide for even the one-cent reduction in sales tax on food. It would be irresponsible to enact an immediate elimination of the sales tax on food as the resulting loss of nearly $300 million in revenue coupled with the cuts already made to state government would be extreme. Also, I honestly don't know how our three budget conferees could represent a consistent position of the Senate during the budget debate when the budget and S. 559 reflect opposite positions on the sales tax issue.

Statement by Senator LEATHERMAN

I did not support Senator PASSAILAIGUE's amendment to S. 559 concerning sales tax relief on food because this is not a responsible action to take this year. I have always supported tax relief for our citizens. However, we are facing a $500 million shortfall in our budget and the passage of this amendment would add an additional $267 million to this shortfall. I am in favor of eliminating the sales tax on food in a responsible manner and will revisit this issue next year when we expect the economy to improve.

Statement by Senator McCONNELL

I voted for the five cents food tax cut amendment because I support the cut. However, I subsequently found out that if the tax cut were five cents, the Bill would go back to the Finance Committee for review and thus, we might not even have a vehicle with which to adopt the 1% food tax cut as sought by the House in the budget without a two-thirds vote. Let me explain. If our conferees agreed to the House version of the Appropriation Bill with the one cent cut, it would take a two-thirds vote to comply with Rule 24 to insert a permanent law change in the Bill. Under our Rules, no matter which amends or suspends, permanent law may be inserted in the Appropriation Bill in conference without a two-thirds vote of the Senate. Thus, to insert the one-cent tax cut from the House Bill, one must get a two-thirds vote in the Senate or amend a Bill before the Senate like the one we are considering. If this Bill is amended to a five cent cut, then the Appropriation Bill, which we have just approved, is out of balance $250 million dollars. Either we go without an Appropriation Bill or we have the conference committee cut this much out or get a free conference vote of two-thirds of the Senate to include permanent law changes of one percent. Those are our alternatives. To get free conference will require a two-thirds vote which will be impossible to get on a $50 million cut with only eight days remaining. To try and cut sales tax exemptions to raise the money will require debate and action with about eight days left and beyond the car exemption $300 limit, most are for carefully considered purposes, which will provoke prolonged debate. This means certain gridlock. Doing this at this late date thus greatly insures that the Calendar can be blocked and days wasted. There are those who do not wish there to be a "Sine Die" and apparently want reapportionment in the courts or a special session without limitations on the agenda. For some, it all appears to be a stall and not a real vote on tax relief. For others, their intentions are genuine, but they are inadvertently being used to make relief less possible. The timing in the last days signals that clearly; otherwise, this fight would have been launched in the budget debate or earlier this year on this Bill or another.

Statement by Senator Moore

We need to give our citizens, especially the elderly, as much tax relief as possible. However, I did not vote for this amendment because the bottom line effect would be a $258 million deficit. This action would come just days after we had debated the budget and given third reading. The necessary cuts to provide $258 million would absolutely wreck the public school system, higher education, health and human services and all other agencies. The entire tax system and tax relief need to be comprehensively reviewed and logically debated.

Senator LEVENTIS spoke on the Bill.

Senator DRUMMOND spoke on the Bill.

Senator LEATHERMAN spoke on the Bill.

Senator LEATHERMAN moved to commit the Bill to the Committee on Finance.

Senator McCONNELL spoke on the motion.

On motion of Senator LEATHERMAN, the motion to commit was withdrawn.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby Amendment No. 1 was adopted.

Senator RICHARDSON spoke on the motion.

Senator PASSAILAIGUE spoke on the motion.

ACTING PRESIDENT PRESIDES

At 2:15 P.M., Senator McCONNELL assumed the Chair.

With Senator PASSAILAIGUE retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the motion to reconsider the vote whereby Amendment No. 1 was adopted and carry over the Bill.

There was no objection and the motion to reconsider the vote whereby Amendment No. 1 was adopted and the Bill were carried over.

RECALLED

H. 3749 (Word version) -- Reps. J.E. Smith and Weeks: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.

Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 3907 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE NOT INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.

Senator WILSON asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 695 (Word version) -- Senator Courson: A SENATE RESOLUTION TO COMMEND THE RICHLAND POST SIX AMERICAN LEGION BASEBALL TEAM FOR THEIR ACCOMPLISHMENTS DURING THE 2000 SEASON AND TO RECOGNIZE THEM FOR WINNING THE AMERICAN LEGION STATE CHAMPIONSHIP, THE AMERICAN LEGION SOUTHEAST REGIONAL CHAMPIONSHIP, AND FOR PLACING FOURTH IN THE AMERICAN LEGION WORLD SERIES.
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The Senate Resolution was adopted.

S. 696 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEND LEGENDARY FOOTBALL COACH CHARLEY PELL FOR HIS MANY ACHIEVEMENTS DURING HIS OUTSTANDING CAREER AND WISHING HIM AND HIS WIFE, WARD, GODSPEED AND HAPPINESS IN THE FUTURE.
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The Senate Resolution was adopted.

S. 697 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VETERANS AFFAIRS, BY ADDING SECTION 25-11-55 TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS DIRECTLY TO THE COUNTY VETERANS AFFAIRS OFFICES IN A MANNER TO BE PROVIDED BY LAW.
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Read the first time and referred to the General Committee.

S. 698 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2572, 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. 699 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2616, 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. 700 (Word version) -- Senators Branton, Ford, Grooms, McConnell, Mescher, Passailaigue, Pinckney and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXIT 221B ON INTERSTATE HIGHWAY 26 IN CHARLESTON COUNTY THAT CONTAIN THE WORDS "JOHNSON AND WALES UNIVERSITY" WHICH INDICATE THE DIRECTION TO THE UNIVERSITY, AND ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE UNIVERSITY FROM THIS EXIT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 701 (Word version) -- Senators Thomas and Alexander: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.
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Read the first time and, on motion of Senator THOMAS, with unanimous consent, ordered placed on the Calendar without reference.

S. 702 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 6-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF A LOCAL GOVERNING BODY TO CHARGE AND COLLECT A SERVICE OR USER FEE AND THE PROCEDURE REQUIRED FOR IMPOSITION OF THE FEE, SO AS TO REQUIRE A PUBLIC HEARING MUST BE HELD BEFORE SETTING THE FEES OR RATES CHARGED BY A PUBLIC UTILITY OWNED OR OPERATED ON BEHALF OF A MUNICIPALITY FURNISHING WATER OR SEWER SERVICES OUTSIDE ITS CORPORATE LIMITS THAT CHARGES FEES FOR THESE SERVICES THAT ARE AT LEAST FIFTY PERCENT HIGHER TO RESIDENTIAL USERS OUTSIDE THE CORPORATE LIMITS AS COMPARED TO RESIDENTIAL USERS INSIDE THE CORPORATE LIMITS, REQUIRE THE FEES OR RATES MUST BE BASED ON A COMPREHENSIVE COST OF SERVICE STUDY CONDUCTED IN ACCORDANCE WITH METHODS RECOGNIZED BY THE AMERICAN WATER WORKS ASSOCIATION, OR AN EQUIVALENT STANDARD, REQUIRE THE STUDY MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION NOT LESS THAN FIFTEEN DAYS BEFORE THE PUBLIC HEARING, AND TO PROVIDE AN EXCEPTION.
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Read the first time and referred to the Committee on Judiciary.

S. 703 (Word version) -- Senators Wilson, Bauer, Ryberg and Setzler: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON COUNTY TO OBSERVE ALL LEGAL STATE HOLIDAYS BY CLOSING SCHOOLS AND SCHOOL DISTRICT OFFICES ON THESE HOLIDAYS.
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Read the first time and, on motion of Senator WILSON, with unanimous consent, the Bill was referred to the Lexington County Delegation.

S. 704 (Word version) -- Senators Wilson, Alexander, Anderson, Bauer, 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, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION ACKNOWLEDGING THE FAVORABLE IMPACT OF INTERNATIONAL TRADE AND EXPORTS ON THE GROWTH AND DEVELOPMENT OF THE SOUTH CAROLINA ECONOMY AND DECLARING THE WEEK OF MAY 21-27, 2001, SOUTH CAROLINA WORLD TRADE ASSOCIATION "GO TRADE WEEK" IN RECOGNITION OF THE ROLE OF THE GO TRADE NETWORK IN DEVELOPING GRASSROOTS INFRASTRUCTURE SUPPORTING INTERNATIONAL TRADE AND EXPORTS.
l:\council\bills\dka\4499mm01.doc

The Senate Resolution was adopted.

H. 3383 (Word version) -- Reps. Coates, Allison, Barfield, Barrett, Battle, Bingham, Bowers, Harvin, Hayes, J. Hines, Koon, Lucas, McGee, Owens, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, G.M. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, Witherspoon and White: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS GENERALLY INCLUDING THE EXEMPTION FOR THE SALE OF NATURAL GAS, LP GAS, AND ELECTRICITY TO PRODUCE CERTAIN AGRICULTURAL PRODUCTS OR ANIMALS SO AS TO PROVIDE THAT SUCH EXEMPTION ALSO INCLUDES THE SALE OF PROPANE GAS FOR THIS PURPOSE AND TO PROVIDE THAT THE SALE OF THESE GASES OR ELECTRICITY TO PRODUCE AGRICULTURAL PLANTS IN GREENHOUSES THAT WILL SUBSEQUENTLY BE REPLANTED IS ALSO EXEMPT FROM THE SALES TAX.

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

H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley and Loftis: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH 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, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, 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, AS AMENDED, 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, AND BY ADDING SECTION 50-21-185 TO FURTHER 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.

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

H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.

Read the first time and referred to the Committee on Medical Affairs.

H. 3719 (Word version) -- Reps. Harrison, Wilkins, Townsend, W.D. Smith, Huggins, Littlejohn, Lourie, Gilham, Webb, Martin, Lloyd, D.C. Smith, McLeod and Snow: A BILL TO AMEND SECTIONS 56-5-6520 AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE USE OF SAFETY BELTS IN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER IS CHARGED WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT SIX YEARS OF AGE UP TO AND UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM, TO INCREASE THE FINE, TO PROVIDE LAW ENFORCEMENT MAY STOP A DRIVER WHEN A DRIVER UNDER THE AGE OF EIGHTEEN OR AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SAFETY BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM, AND TO PROVIDE THAT PROBABLE CAUSE FOR A VIOLATION OF THIS ARTICLE MUST BE BASED ON A LAW ENFORCEMENT OFFICER'S CLEAR AND UNOBSTRUCTED VIEW OF A PERSON UNDER THE AGE OF EIGHTEEN NOT RESTRAINED AS REQUIRED BY THIS ARTICLE.

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

H. 3948 (Word version) -- Reps. Campsen, Loftis, Cotty, Tripp, Limehouse, Lourie, Altman, Cato, Chellis, Easterday, Hamilton, Harrell, Leach, Lucas, Ott, Rice, Robinson, Scarborough, D.C. Smith, Stille, Townsend and McLeod: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO A SAVINGS TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.

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

H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, F.N. Smith, J.R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.

Read the first time and referred to the Committee on Medical Affairs.

H. 4133 (Word version) -- Reps. McGee and Coates: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1 ARE ELECTED BEGINNING WITH THE 2002 ELECTION, TO FURTHER PROVIDE FOR THEIR TERMS OF OFFICE, AND THE FILLING OF VACANCIES; AND TO AMEND ACT 239 OF 1981, RELATING TO THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1, AND THE BUDGET OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH ANNUAL SCHOOL MILLAGE ABOVE A CERTAIN AMOUNT MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT AND TO DELETE PROVISIONS RELATING TO THE ELECTION OF MEMBERS OF THE BOARD WHICH ARE INCONSISTENT WITH THE ABOVE PROVISIONS.

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

H. 4161 (Word version) -- Representative Miller: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CAPTAIN J. L. "HOSS" JOHNSON OF MURRELLS INLET THIS PAST SUMMER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4162 (Word version) -- Reps. Rhoad and Sharpe: A CONCURRENT RESOLUTION TO COMMEND DAVID BENJAMINE (BENJIE) RHOAD, SR., OF LEXINGTON, ON HIS DEDICATION TO NATIONAL, STATE, AND LOCAL LEADERSHIP IN AGRICULTURE AND TO CONGRATULATE MR. RHOAD ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA FARM BUREAU AND WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEE

Senator WILSON from the Committee on Transportation polled out S. 171 favorable:

S. 171 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE FEE FOR THE LICENSE PLATES.

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

AYES

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

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Leventis                  Elliott                   Rankin
Jackson

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out S. 173 favorable:

S. 173 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

Poll of the Transportation Committee
Polled 14; Ayes 14; Nays 0; Not Voting 3

AYES

Wilson                    Leatherman                Land
Leventis                  McGill                    Ryberg
Short                     Grooms                    Jackson
Bauer                     Richardson                Ritchie
Hawkins                   Verdin

TOTAL--14

NAYS

TOTAL--0

NOT VOTING

Elliott                   Ryberg                    Jackson

TOTAL--3

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out S. 392 favorable:

S. 392 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 34, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL WILD TURKEY FEDERATION, TO PROVIDE THAT FEES COLLECTED ABOVE THE COST OF A REGULAR MOTOR VEHICLE REGISTRATION FEE MUST BE DISTRIBUTED TO THE NATIONAL WILDLIFE TURKEY FEDERATION, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THESE PLATES SHALL BE ISSUED.

Poll of the Transportation Committee
Polled 14; Ayes 14; Nays 0; Not Voting 3

AYES

Wilson                    Leatherman                Land
Leventis                  McGill                    Ryberg
Short                     Grooms                    Jackson
Bauer                     Richardson                Ritchie
Hawkins                   Verdin

TOTAL--14

NAYS

TOTAL--0

NOT VOTING

Elliott                   Rankin                    Jackson

TOTAL--3

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out S. 572 favorable:

S. 572 (Word version) -- Senators Wilson, Courson, Bauer and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.

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

AYES

Wilson                    Leatherman                Leventis
McGill                    Ryberg                    Short
Grooms                    Ford                      Bauer
Richardson                Ritchie                   Hawkins
Verdin

TOTAL--13

NAYS

TOTAL--0

NOT VOTING

Land                      Elliott                   Rankin
Jackson

TOTAL--4

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3945 favorable:

H. 3945 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME "SCOTT ROAD" IN THE TOWN OF LAKE VIEW IN DILLON COUNTY "STEPHEN DAVID SCOTT ROAD" TO HONOR MR. STEPHEN DAVID SCOTT, A DISTINGUISHED DILLON COUNTY EDUCATOR, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD CONTAINING THE WORDS "STEPHEN DAVID SCOTT ROAD".

Poll of the Transportation Committee
Polled 14; Ayes 14; Nays 0; Not Voting 3

AYES

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

TOTAL--14

NAYS

TOTAL--0

NOT VOTING

Elliott                   Ryberg                    Jackson

TOTAL--3

Ordered for consideration tomorrow.

CONCURRENCE

S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.

The House returned the Bill with amendments.

On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 691 (Word version) -- Senators Leatherman, Drummond, McConnell, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND RICHARD W. "RICK" KELLY FOR HIS DEDICATED YEARS OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA, TO EXPRESS APPRECIATION FOR A JOB WELL DONE, AND TO WISH HIM GODSPEED IN HIS NEW ENDEAVOR AS VICE PRESIDENT AND CHIEF FINANCIAL OFFICER AT THE UNIVERSITY OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.

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

Amendment No. 1

Senator FORD proposed the following Amendment No. 1 (JUD3516.003), which was adopted:

Amend the amendment proposed by Senator McConnell (Doc. No. JUD3516.002), as and if amended, in SECTION 1, by adding the following subsection to read:

/   (C)   On the effective date of this act, the application of subsection (A) does not include members of the Charleston County Park, Recreation and Tourist Commission for the Charleston County Park, Recreation and Tourist District. However, on and after January 1, 2003, subsection (A) applies to the appointment of members of the Charleston County Park, Recreation and Tourist Commission for the Charleston County Park, Recreation and Tourist District.   /

Renumber sections to conform.

Amend title to conform.

Senators McCONNELL and FORD spoke on the amendment.

Amendment No. 1 was adopted.

Amendment No. 2

Senator McCONNELL proposed the following Amendment No. 2 (JUD3516.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   (A)   Except as provided in subsection (B), all appointments or recommendations for appointments to offices, boards, and commissions affecting only Charleston County which by statute or resolution are made by or upon the recommendation of the House Delegation, Senate Delegation, or Joint Legislative Delegation of Charleston County must be made by or upon the recommendation of a majority of the members of the governing body of Charleston County.

(B)   The application of subsection (A) does not include:

(1)   any office elected by the members of the General Assembly in joint session or any office, board, or commission appointed, elected, or recommended by members of the General Assembly for a position representing a judicial circuit or congressional district;

(2)   any recommendation for a magistrate appointed as provided in Section 22-1-10;

(3)   members of the Charleston County Board of Registration;

(4)   members of the Charleston County Election Commission;

(5)   members of the Charleston County Aviation Authority;

(6)   members of the county transportation committee as provided in Section 12-28-2740;

(7)   the county Veterans Affairs officer as provided in Section 25-11-40;

(8)   the Commissioners of Pilotage for the Port of Charleston as provided in Section 54-15-40;

(9)   appointments to the Area Commission on Technical Education as provided in Section 59-53-410;

(10)   the filling of a vacancy on the Board of Trustees of the Charleston County School District;

(11)   any board or commission that has members representing counties other than Charleston County; or

(12)   any offices, boards, and commissions whose duties and responsibilities are totally within the boundaries of a municipality, which appointments must be made by the governing body of the municipality in which is located a majority of the customers served by that office, board, or commission.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Amendment No. 2 was adopted.

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

THIRD READING BILLS

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

S. 692 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.

By prior motion of Senator RITCHIE

S. 693 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY THE KINDERGARTEN THROUGH FOURTH GRADE STUDENTS OF BARNWELL ELEMENTARY SCHOOL IN BARNWELL SCHOOL DISTRICT 45 ON SEPTEMBER 27, 28, AND 29, 2000, BECAUSE OF THE FLOODING OF THE SCHOOL BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator HUTTO

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 671 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.

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

Senators SETZLER, RYBERG and MOORE proposed the following amendment (SKB\18569HTC01), which was adopted:

Amend the bill, as and if amended, in Section 14, as contained in SECTION 1, page 1, by inserting before / Such / on line 40 / A decision by the school board affecting one area does not affect any other area. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the Bill.

The amendment was adopted.

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

SECOND READING BILLS

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

H. 4020 (Word version) -- Reps. Frye and Parks: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

H. 4020--Ordered to a Third Reading

On motion of Senator BAUER, with unanimous consent, H. 4020 was ordered to receive a third reading on Wednesday, May 23, 2001.

H. 4095 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER LINE BREAK BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4095--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, H. 4095 was ordered to receive a third reading on Wednesday, May 23, 2001.

ADOPTED

S. 654 (Word version) -- Senators Patterson, Giese and Ford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO NAME THE DEPARTMENT OF CORRECTIONS HEADQUARTERS BUILDING THE "WILLIAM D. LEEKE BUILDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

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

AMENDMENT WITHDRAWN

S. 344 (Word version) -- Senators Wilson, Giese, Peeler, Grooms, Bauer, Leatherman and Branton: 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 THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

On motion of Senator FAIR, with unanimous consent, the amendment proposed by Senator FAIR (GGS\22951CM01) and previously published in the Journal of April 3, 2001, was withdrawn.

CARRIED OVER

S. 601 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO PROVIDE THAT SUCH PERSONS MUST REGISTER AND REPORT TO THE DEPARTMENT OF CONSUMER AFFAIRS, RATHER THAN TO THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-5-80, AS AMENDED, RELATING TO REQUIREMENTS TO OBTAIN A LICENSE TO CONDUCT INSURANCE BUSINESS IN THIS STATE, SO AS TO CLARIFY WHAT BOOKS AND RECORDS OF AN INSURER MUST BE MAINTAINED IN THIS STATE (ABBREVIATED TITLE)

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

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns today, it stand adjourned to meet Wednesday, May 23, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 2:30 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 12:00 Noon.

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