Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear St. Paul speaking to the Corinthians in two separate contexts in Chapters 6 and 10, I Cor. 6:12:
"All things are lawful for me, but not all things are beneficial... but I will not be dominated by anything."
Let us pray.
Father, we make hundreds of decisions in our work... and we often find ourselves in the gray area! What makes it morally right or legally wrong?
Paul would say, "What is beneficial? What builds up?"
We love the law, Father... but help us to know the limits of the law for building up the moral values... the SOUL... of our communities... our State... our nation... our world!
Help us to hear St. Paul also say, "Knowledge puffs up. Love builds up!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Hon. Valerie R. Stroman-Boyd, P.O. Box 9381, Columbia, S.C. 29290
VICE Patrick J. Noble
January 17, 2002
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointment listed below.
Respectfully,
Jim Hodges
Reappointment, South Carolina State Ports Authority, with term to commence February 13, 2001, and to expire March 12, 2008
At-Large
Edgar A. Buck, 16 Country Club Drive, Charleston, S.C. 29412
On motion of Senator SETZLER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
On motion of Senator HAYES, with unanimous consent, the following Advisory Opinion 2002-001 was ordered printed in the Journal:
SUBJECT: DISCLOSURE OR IDENTIFICATION OF PERSON, CANDIDATE, OR COMMITTEE PAYING FOR ELECTION-RELATED COMMUNICATIONS
SUMMARY: All materials distributed by or on behalf of a candidate through the U. S. Postal Service or any other distribution service, which is paid for directly or indirectly with campaign contributions, must have the name and address of the person, candidate, or committee prominently placed on the printed material.
COMPLAINT: The South Carolina Senate Ethics Committee has received a complaint alleging that during a recent campaign for the South Carolina Senate, Section 8-13-1354 was violated when a person, candidate, or committee (respondent) distributed by mail a communication to voters without placing the name and address of the contributing party on the printed material.
DISCUSSION: Section 8-13-1354 states: "A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
The Senate Ethics Committee met to assess the validity of the complaint. It was determined that a special mailing of printed material, utilizing a U. S. Postal Service Bulk Mail Permit, was distributed to a select group of recipients by the respondent or someone on behalf of the respondent. However, the Senate Ethics Committee found that the printed material (a local newspaper) was of a nonbiased nature, meaning that it did not promote one candidate over another but served to identify the strengths and weaknesses of both candidates. Thus, the committee found that there was technically no violation of the law since the law specifically requires the material support or oppose a particular candidate.
In an effort to clarify this issue in the future, the Senate Ethics Committee will consider all materials distributed by a candidate or on behalf of a candidate's campaign to be done with the intent to support his/her candidacy, and, thus, there will be a requirement that the name and address of the candidate, committee, or other person paying for the distribution be prominently affixed to the published material.
CONCLUSION: Pursuant to Section 8-13-530 et seq. and Senate Rule 44(3), the South Carolina Senate Ethics Committee issues this Advisory Opinion. Section 8-13-1354 requires that any materials knowingly produced and/or distributed by "a candidate, committee, or other person" with funds drawn from a campaign account or expended on behalf of a candidate for the South Carolina State Senate must have the name and address of said entity affixed prominently on the published matter.
The following were received and referred to the appropriate committees for consideration:
Document No. 2704
Agency: Department of Insurance
SUBJECT: Salvage and Subrogation
Received by Lieutenant Governor January 31, 2002
Referred to Banking and Insurance Committee
Legislative Review Expiration May 31, 2002
Document No. 2705
Agency: Department of Insurance
SUBJECT: Deposits Required of Insurers
Received by Lieutenant Governor January 31, 2002
Referred to Banking and Insurance Committee
Legislative Review Expiration May 31, 2002
Document No. 2706
Agency: Department of Insurance
SUBJECT: Health Maintenance Organizations
Received by Lieutenant Governor January 31, 2002
Referred to Banking and Insurance Committee
Legislative Review Expiration May 31, 2002
Document No. 2673
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Protection Fees
Received by Lieutenant Governor February 1, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration June 1, 2002
Senator FAIR introduced Dr. Woodrow W. Long, Jr. of Greenville, S.C., Doctor of the Day.
At 12:05 P.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
S. 895 (Word version) -- Senators Moore, McConnell, Leatherman, Setzler, Martin, Courson, Rankin, Alexander and Ritchie: A BILL TO ENACT THE "SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT", INCLUDING PROVISIONS TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 75 SO AS TO ESTABLISH A CENTER OF EXCELLENCE MATCHING ENDOWMENT FUND TO BE FUNDED FROM APPROPRIATIONS FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING MATCHING FUNDS TO THE THREE SENIOR RESEARCH UNIVERSITIES OF THIS STATE IN ORDER TO CREATE ENDOWMENT PROFESSORSHIPS.
On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of S. 895.
S. 900 (Word version) -- Senators Alexander, J.V. Smith, McGill and Ravenel: A JOINT RESOLUTION SUSPENDING THE TWO DOLLAR AND FIVE CENTS REDUCTION IN THE CALCULATION OF MEDICAID PRESCRIPTION PAYMENT REIMBURSEMENTS PROVIDED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN MEDICAID BULLETIN PHARM 01-06.
On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 900.
S. 937 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41, TITLE 2, RELATING TO THE TAX STUDY COMMISSION, SO AS TO CREATE A JOINT COMMITTEE ON TAXATION.
On motion of Senator SHORT, with unanimous consent, the name of Senators SHORT and SETZLER were added as co-sponsors of S. 937.
S. 90 (Word version) -- Senators Wilson, McConnell, Giese and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 90.
S. 962 (Word version) -- Senators Martin, Alexander and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2960, SO AS TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE HIGHWAYS OR ELSEWHERE THROUGHOUT THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO A CHEMICAL TEST OR TESTS OF HIS OR HER BLOOD, BREATH, URINE, OR OTHER BODILY SUBSTANCES FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR ANY OTHER DRUG AND TO FURTHER PROVIDE THAT, IF A PERSON IS INVOLVED IN ANY TRAFFIC ACCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH AND THE LAW ENFORCEMENT OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT ALCOHOL OR DRUGS CONTRIBUTED TO THE ACCIDENT, THE OFFICER MUST REQUEST THAT THE TEST OR TESTS BE CONDUCTED.
On motion of Senator MARTIN, with unanimous consent, the names of Senators THOMAS and HAYES were added as co-sponsors of S. 962.
S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby and Rankin: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 886.
S. 834 (Word version) -- Senator Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF EDUCATION TO PROVIDE $192,500 IN FUNDING FOR THE 2002-2003 FISCAL YEAR TO THE CHARLESTON AND BERKELEY COUNTY SCHOOL DISTRICTS TO IMPLEMENT A HOSTS PILOT PROGRAM AT HOWE HALL ELEMENTARY SCHOOL, PEPPERHILL ELEMENTARY SCHOOL, LAMBS ELEMENTARY SCHOOL, MALCOLM HURSEY ELEMENTARY SCHOOL, AND W.J. FRASER ELEMENTARY SCHOOL.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 834.
S. 715 (Word version) -- Senators McConnell, J. Verne Smith and Hawkins: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.
On motion of Senator PEELER, with unanimous consent, the name of Senator PEELER was added as a co-sponsor of S. 715.
S. 322 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 322.
S. 933 (Word version) -- Senators Ravenel, McConnell, Kuhn, Grooms and Ford: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was removed as a co-sponsor of S. 933.
Senator MARTIN rose for an Expression of Personal Interest.
Senator LEATHERMAN rose for an Expression of Personal Interest.
Senator PATTERSON rose for an Expression of Personal Interest.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator LEATHERMAN asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet at 11:45 A.M. tomorrow, February 6, 2002, for the purpose of attending the Joint Assembly, and upon conclusion of the Joint Assembly, the Senate would reconvene.
There was no objection and the motion was adopted.
H. 4603 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RATIFY AND CONFIRM THE ACTION OF THE DEPARTMENT OF TRANSPORTATION IN NAMING THE HIGHWAY 118 BYPASS IN THE NORTHEAST SECTION OF AIKEN COUNTY AS THE RUDY MASON PARKWAY.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled.
Senator RYBERG asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Senator GIESE asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 5, 2002, at 12:15 P.M. and the following Acts and Joint Resolutions were ratified:
(R167, S. 511 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO INSTEAD REQUIRE A SUBSTANTIVE QUALITY REVIEW OF THE CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS IN EACH COUNTY AND EACH ADOPTION OFFICE EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED, AND TO REQUIRE THE REPORT TO BE POSTED ON THE DEPARTMENT'S WEBSITE.
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(R168, S. 610 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 25-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM ELEVEN TO NINETEEN, TO REQUIRE AT LEAST ELEVEN MEMBERS, RATHER THAN ALL OF THE MEMBERS, TO BE HONORABLY DISCHARGED VETERANS, TO PROVIDE THAT THE REMAINING MEMBERS ARE NOT REQUIRED TO BE VETERANS, BUT IF THEY ARE VETERANS, THEY MUST HAVE BEEN HONORABLY DISCHARGED, AND TO DELETE THE PROVISION RESTRICTING MEMBERS FROM SERVING MORE THAN EIGHT CONTINUOUS YEARS ON THE BOARD.
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(R169, S. 773 (Word version)) -- Senator Leventis: AN ACT TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
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(R170, H. 3539 (Word version)) -- Reps. J.E. Smith and Lourie: AN ACT TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2002", BY AMENDING SECTION 16-16-10, RELATING TO DEFINITIONS CONTAINED IN THE COMPUTER CRIME ACT, SO AS TO REVISE THE DEFINITIONS OF "COMPUTER", "COMPUTER SYSTEM", "PROPERTY", "SERVICES", "ACCESS", AND "COMPUTER HACKING", AND TO DEFINE "COMPUTER CONTAMINANT"; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO CREATE THE OFFENSE OF INTRODUCING A COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; BY ADDING SECTION 16-16-25, SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED PURSUANT TO THE COMPUTER CRIME ACT; AND TO AMEND SECTION 16-16-30, RELATING TO THE VENUE FOR ACTIONS BROUGHT PURSUANT TO THE COMPUTER CRIME ACT, SO AS TO MAKE TECHNICAL CHANGES.
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(R171, H. 3653 (Word version)) -- Reps. Campsen and Harrison: AN ACT TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.
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(R172, H. 4272 (Word version)) -- Rep. Edge: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.
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(R173, H. 4304 (Word version)) -- Reps. Talley, Allison and Lourie: A JOINT RESOLUTION TO DESIGNATE THE WEEK OF FEBRUARY 11-15, 2002, AS "SOUTH CAROLINA CAREER AND TECHNOLOGY EDUCATION WEEK".
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(R174, H. 4464 (Word version)) -- Reps. McGee, Coates, M. Hines, J. Hines and Askins: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE, AND TO INCREASE THE MILLAGE LEVIED FOR OPERATIONS AND MAINTENANCE FOR FISCAL YEAR 2002-2003 TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS PURSUANT TO ACTIONS OF THE STATE BUDGET AND CONTROL BOARD TO REDUCE EXPENDITURES FOR FISCAL YEAR 2001-2002.
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(R175, H. 4471 (Word version)) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R176, H. 4498 (Word version)) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE FOR 2002 AND A FOUR DOLLAR PER PATIENT DAY FEE FOR STATE FISCAL YEAR 2003, AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
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(R177, H. 4502 (Word version)) -- Reps. Walker and Davenport: AN ACT TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.
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(R178, H. 4511 (Word version)) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R179, H. 4525 (Word version)) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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(R180, H. 4526 (Word version)) -- Rep. Harvin: AN ACT TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.
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The following were introduced:
S. 965 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-175 SO AS TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "SPECIAL PURPOSES CAPTIVE INSURANCE COMPANY"; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MAY ONLY INSURE THE RISKS OF ITS PARENT; TO AMEND SECTION 38-90-40, RELATING TO THE CAPITALIZATION REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF UNIMPAIRED CAPITAL THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED AND TO PROVIDE THAT THE REQUISITE CAPITAL MAY BE IN THE FORM OF CASH EQUIVALENT INVESTMENTS; TO AMEND SECTION 38-90-50, RELATING TO THE FREE SURPLUS REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO DETERMINE THE REQUISITE AMOUNT OF FREE SURPLUS THAT A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY MUST POSSESS IN ORDER TO BE LICENSED; TO AMEND SECTION 38-90-140, RELATING TO THE AGGREGATE TAXES PAID BY A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY IN ITS FIRST OPERATING YEAR TO PAY THE MINIMUM PREMIUM TAX ON A PRORATED SCHEDULE; AND TO AMEND SECTION 38-90-160, RELATING TO THE APPLICABILITY OF CHAPTER 90, TITLE 38, SO AS TO AUTHORIZE THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO EXEMPT SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES, ON A CASE BY CASE BASIS, FROM THOSE PROVISIONS OF CHAPTER 90, TITLE 38 THAT HE DETERMINES TO BE INAPPROPRIATE GIVEN THE NATURE OF THE RISKS TO BE INSURED.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
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Read the first time and referred to the Committee on Education.
S. 967 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3540 SO AS TO ENACT THE "SOUTH CAROLINA LOW INCOME HOUSING TAX CREDIT ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO DEVELOP RENTAL HOUSING UNITS FOR LOW INCOME TENANTS, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THIS INCOME TAX CREDIT IS AUTHORIZED, AND TO PERMIT THE HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS TO ADMINISTER THIS PROGRAM AND THE TAX CREDITS UNDER THE PROGRAM.
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Read the first time and referred to the Committee on Finance.
S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.
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Read the first time and referred to the Committee on Finance.
S. 969 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-2210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT CERTAIN ACTIVITIES ARE UNLAWFUL ABUSES OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR ABUSING WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ENTER ONTO WILDLIFE MANAGEMENT AREA LANDS AFTER LOSING THE PRIVILEGE TO ENTER WILDLIFE MANAGEMENT AREA LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 971 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA CHILDREN'S JUSTICE TASK FORCE ACT", SO AS TO ADD SECTION 20-7-497 TO ESTABLISH THIS TASK FORCE AS AN ADVISORY BODY TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON ISSUES RELATED TO THE INVESTIGATIVE, ADMINISTRATIVE, AND JUDICIAL HANDLING OF CHILD ABUSE AND NEGLECT CASES AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE AND ITS POWERS AND DUTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 972 (Word version) -- Senators Hutto, Courson, Ritchie and Saleeby: 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 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
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Senator HUTTO spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 973 (Word version) -- Senator Kuhn: A SENATE RESOLUTION TO CONGRATULATE AND EXTEND SINCERE BEST WISHES TO MR. VAN LEE ON THE OCCASION OF HIS 100TH BIRTHDAY.
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The Senate Resolution was adopted.
S. 974 (Word version) -- Senators Bauer and Hayes: A SENATE RESOLUTION TO EXPRESS THE SINCERE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF BILLY D. HAYES WHO PASSED AWAY JANUARY 29, 2002, AND TO RECOGNIZE AND COMMEND HIS MANY ACCOMPLISHMENTS AND YEARS OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE.
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The Senate Resolution was adopted.
S. 975 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEW BRIDGE SPANNING THE BROAD RIVER IN BEAUFORT COUNTY PRESENTLY UNDER CONSTRUCTION THE "COURSEN-TATE CROSSING" IN MEMORY OF SHERIFF DEPUTIES DYKE "A. J." COURSEN AND DANA TATE WHO WERE KILLED IN THE LINE OF DUTY ON JANUARY 8, 2002, WHILE ATTEMPTING TO RENDER AID TO CITIZENS, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "COURSEN-TATE CROSSING" IN MEMORY OF DEPUTIES COURSEN'S AND TATE'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND BEAUFORT COUNTY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 976 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-65 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO ARE RELEASED ON BAIL OR ON THEIR OWN RECOGNIZANCE BY A COURT AND FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THE TERMS OF THEIR RELEASE SHALL FORFEIT ANY SECURITY WHICH WAS GIVEN OR PLEDGED FOR THEIR RELEASE AND SHALL BE FINED, IMPRISONED, OR BOTH.
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Read the first time and referred to the Committee on Judiciary.
S. 977 (Word version) -- Senators Giese, J. Verne Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 978 (Word version) -- Senators J. Verne Smith, Bauer, Martin, Peeler, Elliott, Alexander, Verdin, Reese, Gregory, Land and Hayes: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO DESIGNATE CERTAIN MANDATORY QUALIFICATIONS FOR ITS MEMBERS, TO REQUIRE THAT THE COMMISSION MEET AT LEAST QUARTERLY, AND TO MAKE OTHER TECHNICAL CORRECTIONS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 979 (Word version) -- Senators Short and Alexander: A BILL TO AMEND SECTION 20-7-2310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES ADOPTION PROGRAM, SO AS TO DELETE PROVISIONS REQUIRING THE PROGRAM TO BE A CENTRALLY ADMINISTERED PROGRAM WITH DESIGNATED REGIONS ADMINISTERED BY THE STATE OFFICE OF THE DEPARTMENT OF SOCIAL SERVICES AND TO DELETE A PROVISION REQUIRING THE APPOINTMENT OF A COMMITTEE TO ADVISE THE DEPARTMENT ON ALL CHILDREN'S SERVICES.
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Read the first time and referred to the Committee on Judiciary.
S. 980 (Word version) -- Senator Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
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Read the first time and referred to the General Committee.
S. 981 (Word version) -- Senators Alexander, Martin, Ryberg, Hutto, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Jackson, Kuhn, Land, Leatherman, Leventis, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO TAKE COGNIZANCE OF THE ONGOING STUDY IN WHICH SOUTH CAROLINA IS PARTICIPATING WITH THE STATE OF GEORGIA AND THE UNITED STATES CORPS OF ENGINEERS TO ASSESS THE WATER RESOURCES OF THE SAVANNAH RIVER BASIN IN CONNECTION WITH PROPOSED INTER-BASIN TRANSFERS OF WATER AND STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE PENDING REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER AND ANY OTHER REQUEST FOR AN INTER-BASIN TRANSFER OF WATER FROM THE SAVANNAH RIVER BASIN PENDING COMPLETION OF THE ONGOING STUDY OF THIS INVALUABLE WATER RESOURCE.
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Senator ALEXANDER spoke on the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
Read the first time and referred to the Committee on Judiciary.
H. 3868 (Word version) -- Reps. A. Young, Keegan and Koon: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARD OF CANVASSERS, SO AS TO MOVE FROM THURSDAY TO FRIDAY AFTER THE ELECTION THE TIME FOR THE BOARD TO MEET.
Read the first time and referred to the Committee on Judiciary.
H. 4071 (Word version) -- Reps. J.H. Neal, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Quinn, Rutherford, Scott and J.E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SHOP ROAD IN RICHLAND COUNTY THE "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE" IN MEMORY OF LIEUTENANT COLONEL GEORGE D. MARTIN III WHO LOST HIS LIFE ALONG WITH SIX OTHER AMERICANS AND NINE VIETNAMESE IN A HELICOPTER CRASH ON APRIL 7, 2001, IN VIETNAM WHILE SEARCHING FOR AMERICANS MISSING IN ACTION DURING THE VIETNAM WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS WHICH CONTAIN THE WORDS "LIEUTENANT COLONEL GEORGE D. MARTIN III INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4623 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNITED STATES MILITARY ACADEMY AT WEST POINT ON THE OCCASION OF ITS BICENTENNIAL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4631 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF DR. VIRGIL C. SUMMER, JR., RETIRED CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF SCANA CORPORATION, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4346 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME S-39-320 IN PICKENS COUNTY, WHICH IS DESIGNATED AS "PERIMETER ROAD", "SILAS N. PEARMAN BOULEVARD", TO RECOGNIZE THE ACCOMPLISHMENTS OF THE LATE MR. SILAS N. PEARMAN, FORMER CHIEF HIGHWAY COMMISSIONER FOR THE STATE OF SOUTH CAROLINA, AND DISTINGUISHED GRADUATE OF CLEMSON UNIVERSITY.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4612 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4613 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 9 IN CAR CAMERA VIDEOTAPING EQUIPMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 809 (Word version) -- Senators Grooms, Ravenel, Richardson and Branton: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 869 (Word version) -- Senators Hayes and Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.
Ordered for consideration tomorrow.
S. 182 (Word version) -- Senators Hawkins, Ritchie, Reese and Branton: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
On motion of Senator HAWKINS, the Senate insisted upon its amendments to S. 182 and asked for a Committee of Conference.
Whereupon, Senators HAWKINS, HUTTO and GREGORY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
Senator RYBERG proposed the following amendment (3933R011.WGR), which was adopted:
Amend the committee amendment, as and if amended, page [3933-2], by striking lines 24 through 29.
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
The Transportation Committee proposed the following amendment (GGS\22166CM01), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/ SECTION ____. Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall must provide an appropriate child passenger restraint system and shall must secure the child as follows:
(1) Any A child three years of age or less from birth to twenty pounds and one year of age must be properly secured in a rear facing child restraint system safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) Any A child four or five years of age who is between twenty pounds and one year of age to forty pounds and age four must be secured by a in a forward facing child safety belt seat provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.
(3) A child up to the age of six years who is between forty and eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.
(4) If a child up to the age of six years is over eighty pounds, the child may be restrained in an adult seat belt. If a child under the age of six years can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be moved out of the booster seat into the regular back seat and secured by the adult seat belt.
Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article." /
Amend the bill further, Section 56-1-50(F), as contained in SECTION 1, by striking / eighty / on line 4, page 4, and inserting / twenty /
Amend the bill further, Section 56-1-175(C), as contained in SECTION 2, by striking Section 56-1-175(C), as contained on pages 4 and 5, and inserting / (C) The maximum number of passengers a conditional driver's license holder may transport in a vehicle must not exceed the number of seat belts for which the vehicle is equipped. /
Amend the bill further, Section 56-1-180(A)(1), as contained in SECTION 4, by striking / eighty / on line 19, page 6, and inserting / twenty /
Amend the bill further, by striking SECTION 8, as contained on page 8, and inserting / SECTION 8. This act takes effect upon approval by the Governor and applies to persons who obtain a beginner's permit after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
Senator FORD proposed the following amendment (3933R002.RF), which was subsequently withdrawn:
Amend the bill, as and if amended, page 9, by striking SECTION 8 in its entirety and inserting therein the following:
/ SECTION 8. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-7000. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 9. Section 56-5-7000 is repealed July 1, 2006.
SECTION 10. SECTIONS 1 through 7 take effect upon approval by the Governor. SECTIONS 8 and 9 take effect on July 1, 2002./
Renumber sections to conform.
Amend title to conform.
Senator RYBERG argued contra to the amendment.
Senator FORD argued in favor of the amendment.
Senator FORD moved that the amendment be adopted.
Senator RYBERG moved to lay the amendment on the table.
Senator FORD objected to further consideration of the Bill.
Senator RYBERG made a Parliamentary Inquiry as to whether or not disposition of the motion to table would take precedence over an objection to consideration of the Bill.
The PRESIDENT stated that during a Call of the Uncontested Calendar, an objection to consideration of a Bill could be offered at any time.
Senator FORD was recognized.
Senator FORD asked unanimous consent to make a motion to remove his objection to consideration of the Bill.
There was no objection.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator FORD, with unanimous consent, the amendment was withdrawn.
Senator RANKIN proposed the following amendment (3933R001.LAR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 56-5-3900. (A) It is unlawful to transport a person under fifteen years of age in the open bed or open cargo area of a pickup truck or trailer. An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.
(B) Subsection (A) does not apply when:
(1) an adult is present in the bed or cargo area of the vehicle and is supervising the child;
(2) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;
(3) an emergency situation exists;
(4) the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;
(5) the vehicle is being operated in an agricultural enterprise; or
(6) the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(D) No driver's license points or insurance surcharge may be assessed for a violation of this section." /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 670 (Word version) -- Senator Land: A BILL TO AMEND SECTION 62-5-414, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND EXPENSES PAYABLE IN CONNECTION WITH A PROTECTIVE PROCEEDING IN PROBATE COURT, SO AS TO PROVIDE FOR ATTORNEY'S FEES FROM THE ESTATE FOR THE LAWYER REPRESENTING THE CONSERVATOR IN THE PROCEEDING.
S. 322 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A 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 (JUD0322.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act shall be cited as the "Guardian ad Litem Reform Act of 2002".
SECTION 2. Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
Guardians ad Litem in Custody or Visitation Cases
Section 20-7-1533. (A) In an action before the family court in which custody or visitation is an issue, the court may appoint a guardian ad litem under the following circumstances:
(1) the court would not be fully informed about the facts of the case without the aid of a guardian ad litem;
(2) there is a substantial dispute between the parties which necessitates the use of a guardian ad litem; or
(3) both parties consent to the appointment of a guardian ad litem who is subsequently approved by the court.
(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.
Section 20-7-1535. (A) A guardian ad litem may be either an attorney or a layperson. A person must not be appointed as a guardian ad litem pursuant to Section 20-7-1533 unless he possesses the following qualifications:
(1) a guardian ad litem must be twenty-five years of age or older;
(2) a guardian ad litem must possess a high school diploma or its equivalent;
(3) for initial qualification, an attorney guardian ad litem must have completed a minimum of six hours of family law continuing legal education credit in the areas of custody and visitation;
(4) for initial qualification, a lay guardian ad litem must have completed a minimum of nine hours of continuing education in the areas of custody and visitation and three hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization;
(5) a lay guardian ad litem must observe three contested custody merits hearings prior to serving as a guardian ad litem. If a case settles before the contested merits hearing concludes, the requirements of this section are met if the plaintiff concludes his case before settlement; and
(6) attorney guardians ad litem and lay guardians ad litem must complete annually the same type of continuing education courses and the same number of continuing education hours that initially qualified them to be a guardian ad litem.
(B) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1533 if he has been convicted of or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or the common law offense of assault and battery of a high and aggravated nature.
(C) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1533 if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(D) Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following:
(1) a statement affirming that the guardian ad litem does not have a relationship with any party or any party's attorney pursuant to the requirements of Section 20-7-1548, or if the guardian ad litem does have a relationship with any party or any party's attorney, the guardian ad litem must provide a statement disclosing the nature, duration, and extent of the relationship pursuant to the requirements of Section 20-7-1548;
(2) a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A);
(3) a statement affirming that the guardian ad litem has not been convicted of, or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or the common law offense of assault and battery of a high and aggravated nature; and
(4) a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Section 20-7-650.
(E) The court may appoint an attorney for a lay guardian ad litem. A party or the guardian ad litem may petition the court by motion for the appointment of an attorney for the guardian ad litem. This appointment may be by consent order. The order appointing the attorney must set forth the reasons for the appointment and must establish a method for compensating the attorney.
Section 20-7-1540. The responsibilities and duties of a guardian ad litem are as follows:
(1) represent the best interest of the child;
(2) conduct an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family. An investigation must include, but is not limited to:
(i) reviewing relevant documents;
(ii) meeting with and observing the child in the home setting;
(iii) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
(iv) reviewing the child's school records and medical records, if the guardian considers it necessary;
(v) obtaining the criminal history of each party and, when determined necessary by the guardian ad litem, obtaining the criminal history of a witness; and
(vi) considering the wishes of the child, if appropriate;
(3) advocate for the child's best interest by making specific and clear suggestions, when necessary, for evaluation, services, and treatment for the child and the child's family. Evaluations or other services suggested by the guardian ad litem must not be ordered by the court, except upon proper review by the court;
(4) attend all court hearings related to custody and visitation issues, except when attendance is excused by the court or the absence is stipulated by both parties. The guardian must provide accurate, current information directly to the court;
(5) maintain a complete file, including notes. A guardian's notes are his work product and are not subject to subpoena; and
(6) present to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child's best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than thirty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten-day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody; nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross-examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation.
Section 20-7-1545. (A) At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. The guardian ad litem must not charge the parties a fee exceeding the amount authorized by the judge at the time of appointment. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge's written authorization to charge more than the initially authorized fee.
(B) A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account:
(1) the complexity of the issues before the court;
(2) the contentiousness of the litigation;
(3) the time expended by the guardian;
(4) the expenses reasonably incurred by the guardian;
(5) the financial ability of each party to pay fees and costs; and
(6) any other factors the court considers necessary.
(C) The guardian ad litem must submit a monthly, itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys.
(D) At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.
Section 20-7-1548. A guardian ad litem appointed pursuant to Section 20-7-1533 must, upon notice of the appointment, provide written disclosure to each party of the nature, duration, and extent of any relationship the guardian or any member of the guardian's immediate family residing in the guardian's household has with all parties and their attorneys in the case. The guardian must disclose any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse.
Section 20-7-1550. A guardian ad litem may be removed from a case at the discretion of the court for good cause shown."
SECTION 3. Section 20-7-420(37) of the 1976 Code is amended to read:
"(37) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action in actions pertaining to custody or visitation pursuant to Section 20-7-1533."
SECTION 4. This act takes effect six months after the Governor's signature and applies to a guardian ad litem appointed in a custody case on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 828 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
Senator RITCHIE explained the Bill.
H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.
On motion of Senator RANKIN, H. 4392 was ordered to receive a third reading on Wednesday, February 6, 2002.
H. 4552 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
H. 4553 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 15A, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2002.
S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
S. 959 (Word version) -- Senator McGill: A BILL TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE HORRY-GEORGETOWN COMMISSION FOR TECHNICAL EDUCATION, AND PROVIDE THAT APPOINTMENTS TO THIS COMMISSION BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
On motion of Senator RAVENEL, S. 959 was ordered to receive a third reading on Wednesday, February 6, 2002.
H. 4202 (Word version) -- Reps. Askins, Coates, J. Hines, M. Hines and McGee: A BILL TO AUTHORIZE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS, TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS, AND TO MAKE THE ABOVE PROVISIONS RETROACTIVE TO JULY 1, 2000.
On motion of Senator LEATHERMAN, the Bill was committed to the Florence County Delegation.
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.
On motion of Senator LEATHERMAN, the Bill was committed to the Florence County Delegation.
S. 944 (Word version) -- Senator Glover: A BILL TO GRANT THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES THE AUTHORITY TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT A REFERENDUM, TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED IF THE INCREASE EXCEEDS FIVE MILLS IN ORDER TO COMPLY WITH REQUIREMENTS OF STATE LAW, AND TO PROVIDE THAT THE INCREASE, EXCLUDING ANY INCREASES REQUIRED BY LAW, MAY NOT EXCEED TWENTY MILLS OVER A FIVE-YEAR PERIOD.
On motion of Senator LEATHERMAN, the Bill was committed to the Florence County Delegation.
S. 896 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RICHARD J. SANTOS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 26, 2002.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3141 (Word version)--Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTIONS OF TITLE 24, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME, TO PROVIDE THAT AN OFFENDER MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE DISCHARGE FROM HIS SENTENCE, AND TO MAKE OTHER RELEVANT CHANGES, TO AMEND CHAPTER 26 OF TITLE 24, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION, REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION, AND TO MAKE CERTAIN OTHER CHANGES; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO spoke on the Bill.
Senator HUTTO asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading and leaving the Bill in the status of Interrupted Debate.
There was no objection and the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, and leaving the Bill in the status of Interrupted Debate.
Having received a favorable report from the Richland County delegation, the following appointment was confirmed in open session:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
Hon. Valerie R. Stroman-Boyd, P.O. Box 9381, Columbia, S.C. 29290
VICE Patrick J. Noble
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Representative Billy D. Hayes of Rock Hill, S.C. Representative Hayes was a former member of the South Carolina House of Representatives from York County and he also served as Municipal Court Judge for the City of Rock Hill, S.C.
At 1:46 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:45 A.M.
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