South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate


Printed Page 1732 . . . . . Wednesday, April 23, 2003

Wednesday, April 23, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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, St. Mark records the words of mystery, Chapter 4:11:

"He said to them, 'To you has been given the mystery of the kingdom of God, but for those outside, everything comes in parables'."
Let us pray.

Father, with military victory at hand, we are learning that the real problems are within the hearts and minds of people!

Please guide, protect and aid all who are working to rebuild the lives of the children who are the real victims of war.

We do feel that right now we do have one more window of opportunity to secure the peace so recently shattered.

We pray to You and give thanks for the faithful and loyal committees and subcommittees of our own State Legislature. They are, Father, being guided and sustained by their own deep convictions to "the mysteries of the Kingdom of God" even though they are serving under what we call The Constitution of the United States.

Time is becoming a factor. Hasten their success, O Lord!

Thank you.
Amen!

Committee to Escort

The PRESIDENT appointed Senators SETZLER, ELLIOTT, MARTIN, ANDERSON and GROOMS to escort the winners of the 2003 Jean Laney Harris Folk Heritage Awards, members of the advisory committee and members of their party to the House Chamber for the Joint Assembly.

RECESS

At 11:55 A.M., on motion of Senator SETZLER, the Senate receded from business for the purpose of attending the Joint Assembly.


Printed Page 1733 . . . . . Wednesday, April 23, 2003

JOINT ASSEMBLY
Folk Heritage Awards

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT appointed Senators SETZLER, ELLIOTT, MARTIN, ANDERSON and GROOMS to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Jennings, Bailey, Bingham, Owens and Rhoad to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 2003 Jean Laney Harris Folk Heritage Awards and the members of the 2003 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates honoring their respective talents.

The winners were announced as follows -- Loyd "Slick" McGaha and Steve McGaha, bones player and blues guitarist, were escorted by Senator MARTIN and Representative Owens;

Marie Dowdey, skilled in the traditional domestic arts such as quilting, natural dyes, spinning, weaving, soapmaking, basketry, candlemaking and making cornshuck dolls, was escorted by Senator SETZLER and Representative Bingham;


Printed Page 1734 . . . . . Wednesday, April 23, 2003

George Herron, expert bladesmith and knifemaker, was escorted by Senator ANDERSON and Representative Rhoad;

Shell Johnson, 100 year-old horn blower at Camp Meetings since October 1959, was escorted by Senator GROOMS and Representative Bailey;

Bill Kinney, Jr., Editor and Publisher of the Marlboro Herald-Advocate and President of the American Folklife Center, was escorted by Senator LEATHERMAN and Representative Jennings.

Mr. "Slick" McGaha and his son, Steve McGaha, entertained the members of the Joint Assembly with a duet of a blues tune on the guitar and "bones" and Mr. Johnson blew his horn that is used at Camp Meetings.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:25 P.M., the Senate resumed.

RECESS

At 12:25 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.

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

VETO OVERRIDDEN

(R40, S454 (Word version)) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A


Printed Page 1735 . . . . . Wednesday, April 23, 2003

PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

State of South Carolina
Office of the Governor
P. O. Box 12267
Columbia, SC 29202
April 22, 2003

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 454, R-40, a Joint Resolution:

TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

This veto is based upon my belief that S. 454, R-40 is unconstitutional.

Though well-intentioned as it might be, S. 454, R-40 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section


Printed Page 1736 . . . . . Wednesday, April 23, 2003

34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 454, R-40 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

In summary, I believe the specific nature of S. 454, R-40 renders this Act unconstitutional. For this reason, I am returning S. 454, R-40 to you without my signature.

Sincerely,
Mark Sanford
Governor

Senator PEELER moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short   

Printed Page 1737 . . . . . Wednesday, April 23, 2003

Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

VETO OVERRIDDEN

(R41, S501 (Word version)) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

State of South Carolina
Office of the Governor
P. O. Box 12267
Columbia, SC 29202
April 22, 2003

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202


Printed Page 1738 . . . . . Wednesday, April 23, 2003

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 501, R-41, a Joint Resolution:

TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

This veto is based upon my belief that S. 501, R-41 is unconstitutional.

Though well-intentioned as it might be, S. 501, R-41 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 501, R-41 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.


Printed Page 1739 . . . . . Wednesday, April 23, 2003

In summary, I believe the specific nature of S. 501, R-41 renders this Act unconstitutional. For this reason, I am returning S. 501, R-41 to you without my signature.

Sincerely,
Mark Sanford
Governor

On behalf of Senator SHORT, Senator PEELER moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0


Printed Page 1740 . . . . . Wednesday, April 23, 2003

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 2003, and to expire July 31, 2009

James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528

Reappointment, Barnwell County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Lawson J. Holland, P. O. Box 1205, Barnwell, S.C. 29812

Doctor of the Day

Senator McCONNELL introduced Dr. Richard Kline of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 3:00 P.M., Senator RITCHIE requested a leave of absence until 9:00 A.M.

Leave of Absence

At 3:00 P.M., Senator RAVENEL requested a leave of absence beginning at 4:00 P.M. and lasting until 8:30 A.M.

Leave of Absence

At 3:00 P.M., Senator VERDIN requested a leave of absence beginning at 6:00 P.M. and lasting until Monday morning.

Leave of Absence

At 3:15 P.M., Senator SETZLER requested a leave of absence from 7:00 A.M. until Noon on Friday, May 2, 2003.

Leave of Absence

At 3:15 P.M., Senator LEVENTIS requested a leave of absence from Thursday, May 8, 2003, until Sunday, May 11, 2003.


Printed Page 1741 . . . . . Wednesday, April 23, 2003

Leave of Absence

At 3:25 P.M., Senator FORD requested a leave of absence from 5:00 until 8:00 P.M. on Tuesday, April 29, 2003.

Leave of Absence

At 3:25 P.M., Senator GLOVER requested a leave of absence from 5:00 until 8:00 P.M. on Tuesday, April 29, 2003.

Leave of Absence

At 3:25 P.M., Senator JACKSON requested a leave of absence from 5:00 until 8:00 P.M. on Tuesday, April 29, 2003.

Leave of Absence

At 5:00 P.M., Senator PATTERSON requested a leave of absence for the balance of the day.

Leave of Absence

At 5:15 P.M., Senator RICHARDSON requested a leave of absence until 9:00 P.M.

Leave of Absence

At 5:30 P.M., Senator FAIR requested a leave of absence for the balance of the day.

Leave of Absence

At 5:30 P.M., Senator COURSON requested a leave of absence until 7:30 P.M.

Leave of Absence

At 5:30 P.M., Senator RYBERG requested a leave of absence for the balance of the day.

Leave of Absence

At 6:00 P.M., Senator REESE requested a leave of absence until 10:00 P.M.

Leave of Absence

At 6:00 P.M., Senator FORD requested a leave of absence for the balance of the day.


Printed Page 1742 . . . . . Wednesday, April 23, 2003

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 654 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS BY ADDING ARTICLE 4 SO AS TO PROVIDE THAT A DOG MUST BE SECURELY RESTRAINED IN A PARKED MOTOR VEHICLE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 655 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTION 15-9-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF LEGAL PROCESS ON AN INSURANCE COMPANY, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR COSTS INCURRED BY HIM; TO AMEND SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE OF LEGAL PROCESS ON AN INSURER NOT LICENSED IN THIS STATE, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR FOR COSTS INCURRED BY HIM; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE ADDITIONAL INFORMATION AT THE TIME THE GROUP FILES ITS APPLICATION; AND TO AMEND SECTION 38-87-80, RELATING TO INFORMATION FURNISHED THE DEPARTMENT OF INSURANCE BY A PURCHASING GROUP, SO AS TO REQUIRE AN INITIAL REGISTRATION FEE OF TWO HUNDRED DOLLARS AND AN ANNUAL FEE OF ONE HUNDRED DOLLARS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 656 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE


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INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 657 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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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Read the first time and referred to the Committee on Education.

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
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Read the first time and referred to the Committee on Judiciary.

S. 659 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL WITHIN THE EXECUTIVE BRANCH OF GOVERNMENT, PROVIDE THAT THE OFFICE OF THE STATE


Printed Page 1744 . . . . . Wednesday, April 23, 2003

INSPECTOR GENERAL IS A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET AND MUST BE HEADED BY A STATE INSPECTOR GENERAL, PROVIDE FOR THE APPOINTMENT, TERM, AND REMOVAL OF THE STATE INSPECTOR GENERAL, PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
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Read the first time and referred to the Committee on Judiciary.

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

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

H. 3133 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.

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

H. 3591 (Word version) -- Reps. Davenport and Bailey: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH


Printed Page 1745 . . . . . Wednesday, April 23, 2003

CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" UNDER CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.

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

H. 4009 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,


Printed Page 1746 . . . . . Wednesday, April 23, 2003

Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO WELCOME MRS. BETTY MORRIS OF ABERDEEN, MARYLAND, TO SOUTH CAROLINA, THE 2002-2003 NATIONAL PRESIDENT OF THE LADIES AUXILIARY TO THE VETERANS OF FOREIGN WARS OF THE UNITED STATES, AND TO COMMEND MRS. MORRIS AND THE LADIES AUXILIARY FOR THE WONDERFUL WORK THEY HAVE DONE ON BEHALF OF THIS NATION'S VETERANS.

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

H. 4010 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND


Printed Page 1747 . . . . . Wednesday, April 23, 2003

HONOR THE MEMBERS OF THE 1953 GRADUATING CLASS OF ALLEN UNIVERSITY IN CELEBRATION OF THEIR GOLDEN ANNIVERSARY FRIDAY, MAY 2, 2003, AND TO COMMEND ITS MEMBERS FOR THEIR MANY ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE COMMUNITY.

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

H. 4011 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 6-12, 2003, AS NURSES WEEK IN SOUTH CAROLINA AND TO COMMEND REGISTERED NURSING'S ACCOMPLISHMENTS AND EFFORTS TO IMPROVE OUR HEALTH CARE SYSTEM AND SHOW OUR APPRECIATION FOR THE STATE AND NATION'S REGISTERED NURSES NOT JUST DURING THIS WEEK, BUT AT EVERY OPPORTUNITY THROUGHOUT THE YEAR.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 4012 (Word version) -- Reps. Rutherford, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,


Printed Page 1748 . . . . . Wednesday, April 23, 2003

Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE LEROY MOSS OF RICHLAND COUNTY FOR HIS COMMITMENT TO THE EAU CLAIRE COMMUNITY AND OUTSTANDING VOLUNTEERISM, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4013 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION APPLAUDING IRMO NATIVE ROBERT C. (BOBBY) WEED, JR., AS HE IS NAMED THE 2003 SOUTH CAROLINA GOLF ASSOCIATION "GOLF WEEK" HONOREE IN RECOGNITION OF HIS LONG AND DISTINGUISHED CAREER IN GOLF COURSE DESIGN.

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

H. 4026 (Word version) -- Reps. W. D. Smith, Delleney and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.


Printed Page 1749 . . . . . Wednesday, April 23, 2003

H. 4027 (Word version) -- Reps. Hosey, Rhoad, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THE HONORABLE CARL D. LOADHOLT OF FAIRFAX AND TO CONVEY DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.

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

H. 4033 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 4035 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE


Printed Page 1750 . . . . . Wednesday, April 23, 2003

SOUTH CAROLINA GENERAL ASSEMBLY TO THE HONORABLE MARION C. SMITH OF FAIRFIELD COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE AS A MAGISTRATE AND UPON HIS RETIREMENT WISH HIM GOOD HEALTH AND HAPPINESS.

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

H. 4036 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. THOMAS A. JACKSON, SR. OF FAIRFIELD COUNTY, FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

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

S. 51 (Word version) -- Senators Elliott and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 27 SO AS TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS NATIVE AMERICAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.

Ordered for consideration tomorrow.

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

S. 372 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-7-10 OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND, TO PROVIDE THAT THE STATE TREASURER SHALL INVEST THE TRUST FUND IN THE SAME MANNER AND IN THE SAME TYPE AND GRADE OF SECURITIES AS IS THE ACCUMULATED ACCOUNT OF THE SOUTH CAROLINA


Printed Page 1751 . . . . . Wednesday, April 23, 2003

RETIREMENT SYSTEM; TO AMEND SECTION 42-7-50 OF THE 1976 CODE, RELATING TO PARTICIPATION IN THE STATE ACCIDENT FUND, TO PROVIDE THAT AN APPLICANT FOR COVERAGE UNDER THIS SECTION MUST PRESENT ITS RECENT LOSS HISTORY, UPON WHICH ITS PREMIUM CHARGES MUST BE BASED, AND THAT THE STATE ACCIDENT FUND MAY DENY OR REFUSE TO RENEW COVERAGE UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 42-7-85 TO PROVIDE THAT EMPLOYERS INSURED UNDER THIS ARTICLE MUST MAKE REASONABLE EFFORTS TO PROVIDE OR ARRANGE FOR LIMITED DUTY WORK.

Ordered for consideration tomorrow.

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

S. 491 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ARTICLE 17, CHAPTER 3, OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.

Ordered for consideration tomorrow.


Printed Page 1752 . . . . . Wednesday, April 23, 2003

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

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE


Printed Page 1753 . . . . . Wednesday, April 23, 2003

SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.

Ordered for consideration tomorrow.

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

S. 525 (Word version) -- Senator Rankin: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS, REVISE THE TERMS OF THE NOTICE OF THE RIGHT TO CANCELLATION REQUIREMENTS IN CONTRACTS FOR THE PURCHASE OF VACATION TIME SHARING PLANS AND PROVIDE FOR THE EFFECTIVE DATE OF NOTICE OF CANCELLATION, ESTABLISH NEW PROCEDURES FOR THE DISTRIBUTION OF REFUNDS UPON CANCELLATION OF CONTRACTS AND ESTABLISHMENT AND MAINTENANCE OF ESCROW ACCOUNTS IN THAT CONNECTION, PROVIDE FOR MATTERS TO BE DISCLOSED IN CONTRACTS INCLUDING WARNINGS AGAINST RELIANCE ON THE PURCHASE AS AN INVESTMENT, DELETE THE REQUIREMENT OF AN EXAMINATION FOR REGISTRATION RELATING TO LICENSES FOR SELLERS OF VACATION TIME SHARING PLANS, EXEMPT EMPLOYEES OF THE SELLER FROM LICENSING REQUIREMENTS, PROVIDE FOR VICARIOUS LIABILITY OF THE CONTROLLING SELLER, TIGHTEN PROVISIONS RELATING TO POWERS OF THE SOUTH CAROLINA REAL ESTATE COMMISSION IN


Printed Page 1754 . . . . . Wednesday, April 23, 2003

CONNECTION WITH THE INVESTIGATION OF AN APPLICATION FOR REGISTRATION OF A TIME SHARING PLAN INCLUDING ASSURANCES AND BONDING AGAINST ENCUMBRANCES, AND MAKE TECHNICAL CHANGES TO CONFORM THE ARTICLE; AND TO AMEND SECTION 27-50-30, RELATING TO EXEMPTIONS IN CONNECTION WITH THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT, SO AS TO EXEMPT FROM THE ACT A TRANSFER OF A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST.

Ordered for consideration tomorrow.

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

S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.

Ordered for consideration tomorrow.

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


Printed Page 1755 . . . . . Wednesday, April 23, 2003

S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 572 (Word version) -- Senators Waldrep and Hutto: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out S. 652 favorable:

S. 652 (Word version) -- Senators Knotts, Ford, Malloy and Leatherman: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO QUICKLY APPROPRIATE HOMELAND SECURITY FUNDS NECESSARY TO PROTECT THE HEALTH OF EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL, TO URGE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SECURE FEDERAL FUNDING AND ADVANCE BIOTERRORISM PREPAREDNESS AID FROM THE UNITED STATES DEPARTMENT OF HEALTH


Printed Page 1756 . . . . . Wednesday, April 23, 2003

AND HUMAN SERVICES, TO ENSURE THAT EMERGENCY RESPONDERS AND DISASTER RELIEF PERSONNEL RECEIVE CERTAIN RECOMMENDED VACCINATIONS, AND TO ENSURE THAT SUPPLIES OF CERTAIN VACCINES ARE AVAILABLE.

General Committee
Polled 16; Ayes 16; Nays 0; Not Voting 0

AYES

Mescher                   Holland                   Anderson
Leventis                  Knotts                    McGill
O'Dell                    Thomas                    Hayes
Elliott                   Martin                    Ryberg
Alexander                 Richardson                Hawkins
Reese                     

TOTAL--16

NAYS

TOTAL--0

NOT VOTING

Patterson

TOTAL--1

S. 652 -- Adopted

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

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator KNOTTS spoke on the Concurrent Resolution.

Senator KNOTTS asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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


Printed Page 1757 . . . . . Wednesday, April 23, 2003

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

H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.

Ordered for consideration tomorrow.

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

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

Ordered for consideration tomorrow.

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

H. 3906 (Word version) -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP


Printed Page 1758 . . . . . Wednesday, April 23, 2003

PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 23, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.


Printed Page 1759 . . . . . Wednesday, April 23, 2003

S. 208 -- CONFERENCE COMMITTEE APPOINTED

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)

On motion of Senator McCONNELL, the Senate insisted upon its amendments to S. 208 and asked for a Committee of Conference.

Whereupon, Senators MOORE, ALEXANDER and WALDREP were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 22, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 2003, and to expire July 31, 2009

James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 584 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

Returned with concurrence.

Received as information.

S. 585 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 27 - MAY 4, 2003, AS NATIONAL SOIL AND WATER STEWARDSHIP WEEK IN


Printed Page 1760 . . . . . Wednesday, April 23, 2003

SOUTH CAROLINA AND TO COMMEND THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.

Returned with concurrence.

Received as information.

S. 624 (Word version) -- Senators Rankin, Elliott, McGill and Ravenel: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, UPON HIS DEATH.

Returned with concurrence.

Received as information.

S. 631 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MORA ROGERS OF LEXINGTON UPON HER RETIREMENT AFTER FORTY YEARS OF CONTRIBUTIONS TO THE EDUCATION OF THE YOUNG CHILDREN OF LEXINGTON COUNTY, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 632 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO CONGRATULATE BARBARA DAWSON DILLIGARD OF CHARLESTON UPON HER RETIREMENT AS DEPUTY SUPERINTENDENT FOR THE CHARLESTON COUNTY SCHOOL DISTRICT, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE TO EDUCATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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


Printed Page 1761 . . . . . Wednesday, April 23, 2003

ORDERED ENROLLED FOR RATIFICATION

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

H. 3743 (Word version) -- Rep. Anthony: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: 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.

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

Senator McCONNELL proposed the following amendment (JUD3233.002), which was adopted:

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

/   Whereas, the Goldenrod is a strong, fibrous perennial found in meadows, fields, and along roadsides which grows in full sun to part shade needing only average moisture, making it a very tough and durable plant; and

Whereas, Goldenrod, contrary to popular belief, does not cause allergies to flare as the Goldenrod pollen is too heavy to blow in the wind; and

Whereas, the bright yellow flowers are very long-lasting and the bloom time is very long with the plant forming a dense clump that can be divided, and can reseed itself, allowing the plant to multiply every year; and

Whereas, Goldenrod, when cut back, produces more blooms than usual; and

Whereas, the ubiquitous Goldenrod, so familiar to South Carolinians in every generation, is an ideal candidate for the exalted position of "official state wildflower". Now, therefore,


Printed Page 1762 . . . . . Wednesday, April 23, 2003

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-704.   Goldenrod (solidago altissima) is the official state wildflower."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

COMMITTEE AMENDMENT ADOPTED, AMENDED
READ THE THIRD TIME, SENT TO THE HOUSE

S. 182 (Word version) -- Senators McConnell, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 54 ENACTING THE "SOUTH CAROLINA MARITIME SECURITY ACT", BY CREATING THE SOUTH CAROLINA MARITIME SECURITY COMMISSION, BY PROVIDING FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND BY PROVIDING THAT THE SOUTH CAROLINA NAVAL MILITIA MUST BE AN


Printed Page 1763 . . . . . Wednesday, April 23, 2003

ORGANIZED, STRUCTURED, TRAINED, AND CERTIFIED VOLUNTEER STATE MARITIME FORCE.

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

The Committee on Judiciary proposed the following amendment (JUD0182.004), which was adopted:

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

/   SECTION   1.   Title 54 of the 1976 Code is amended by adding:

  "CHAPTER 17

South Carolina Maritime Security Act

Section 54-17-10.   This chapter may be cited as the 'South Carolina Maritime Security Act'.

Section 54-17-20.   As used in this chapter:

(1)   'Commission' means the group of individuals comprising the Maritime Security Commission.

(2)   'Captain of the Port' means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title.

(3)   'District Commander' means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard District. District Commander refers to that district commander that incorporates South Carolina.

(4)   'Port' means a developed area of maritime commerce.

(5)   'Maritime area' means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority.

(6)   'Safety zone' means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.

(7)   'Security zone' means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors,


Printed Page 1764 . . . . . Wednesday, April 23, 2003

territories, or waters of the United States or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States.

(8)   'Volunteer Port Security Force' means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required.

Section 54-17-30.   There is created a Maritime Security Commission composed of nine members:

(1)   one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;

(2)   one member shall be the Commander of the South Carolina Naval Militia, ex-officio;

(3)   one member shall be a serving chief of police or equivalent, ex-officio;

(4)   one member shall be a serving fire chief or equivalent, ex-officio;

(5)   one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;

(6)   one member shall represent the commercial maritime community;

(7)   one member shall be a retired U. S. Coast Guard officer, grade O-5 or higher, who supervised federal port security duties as a Captain of the Port;

(8)   one member shall be a retired U. S. Navy officer, grade O-6 or higher; and

(9)   one member shall be an inactive or retired U. S. Coast Guard Reserve officer, grade O-6 or higher.

The four members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy, Coast Guard, and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by


Printed Page 1765 . . . . . Wednesday, April 23, 2003

the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard Reserve member and the commercial maritime community member shall serve initial terms of two years, the Navy member shall serve an initial term of four years, and the Coast Guard member shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules promulgated by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.

Section 54-17-40.   The South Carolina Naval Militia is reestablished. The Maritime Security Commission must organize, administer, coordinate, and facilitate the activities of the Naval Militia in order to provide to federal, state, county, and local agencies adequate numbers of trained and qualified personnel with proper accountability and adequate indemnification provisions to enhance maritime homeland security operations.

Section 54-17-50.   (A)   The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces, and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature, and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Understanding that must be in effect between the United States Navy and the South Carolina Naval Militia prior to the Naval Militia becoming operational.

(B)   The Commander of the South Carolina Naval Militia shall be a Rear Admiral (O-8) who must be appointed by the commission, commissioned by the Governor, and shall serve a term of four years. The commander will propose other commissions and appointments in accordance with rules promulgated by the commission.

(C)   Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and


Printed Page 1766 . . . . . Wednesday, April 23, 2003

Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina, and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division.

(D)   Naval Militia personnel are entitled to all appropriate honors, courtesies, privileges, and authority provided under state law to state military organizations. This authority shall be exercised only pursuant to mission requirements and in accordance with rules promulgated by the commission.

(E)   Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states, and to provide federal and regional interoperability advice and assistance to the commission. Such a task force shall be appointed and assigned pursuant to rules promulgated by the commission.

Section 54-17-60.   The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division; the Departments of Natural Resources, Public Safety and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.

Section 54-17-70.   The South Carolina Law Enforcement Division is authorized to promulgate regulations not specifically authorized by the federal government or by another agency, department, or division of state government, which are necessary for the proper administration and enforcement of homeland security measures for maritime protection, including, but not limited to, safety zones and security zones. Such regulations, including any emergency authority, must be promulgated within the guidelines of the Administrative Procedures


Printed Page 1767 . . . . . Wednesday, April 23, 2003

Act and after consultation with the Ports Security Committee established by the United States Coast Guard. This regulatory authority ceases upon implementation of the federal Maritime Transportation Security Act regulations, currently scheduled for July 2004."

SECTION   2.   This act takes effect upon approval by the Governor, except that Sections 54-17-40, 54-17-50, and 54-17-60 take effect upon the execution of a Memorandum of Understanding between the United States Navy and the South Carolina Naval Militia.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

Senators McCONNELL and RICHARDSON proposed the following amendment (JUD0182.006), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting therein the following:

/   SECTION   2.   This act takes effect upon approval by the Governor, except that Sections 54-17-40, 54-17-50, and 54-17-60 take effect upon the execution of a Memorandum of Understanding between the United States Navy and the South Carolina Naval Militia and ratification of the Memorandum of Understanding by Joint Resolution of the General Assembly.   /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

Senator RICHARDSON proposed the following amendment (JUD0182.007), which was adopted:

Amend the bill, as and if amended, by striking Section 54-17-30, as contained in SECTION 1, in its entirety and inserting therein the following:

/     Section 54-17-30.   There is created a Maritime Security Commission composed of ten members:


Printed Page 1768 . . . . . Wednesday, April 23, 2003

(1)   one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;

(2)   one member shall be the Commander of the South Carolina Naval Militia, ex-officio;

(3)   one member shall be a serving chief of police or equivalent, ex-officio;

(4)   one member shall be a serving fire chief or equivalent, ex-officio;

(5)   one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;

(6)   one member shall be the Adjutant General, ex-officio, or his designee, who shall serve as a non-voting member;

(7)   one member shall represent the commercial maritime community;

(8)   one member shall be a retired U. S. Coast Guard officer, grade O-5 or higher, who supervised federal port security duties as a Captain of the Port;

(9)   one member shall be a retired U. S. Navy officer, grade O-6 or higher; and

(10)   one member shall be an inactive or retired U. S. Coast Guard Reserve officer, grade O-6 or higher.

The four members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy, Coast Guard, and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard Reserve member and the commercial maritime community member shall serve initial terms of two years, the Navy member shall serve an initial term of four years, and the Coast Guard member shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be


Printed Page 1769 . . . . . Wednesday, April 23, 2003

a chairman and a secretary elected by the members of the commission pursuant to rules promulgated by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.   /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.

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

Senator HUTTO proposed the following amendment (JUD0500.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 25, in Section 20-7-495(B)(3), as contained in SECTION 1, by striking lines 25 through 31 in their entirety and inserting therein the following:

/   (3)   Recovery in any civil suit filed against staff and volunteers of a Children's Advocacy Center who are not covered by the South Carolina Tort Claims Act is restricted to the maximum limits on any insurance policy held by the center.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.


Printed Page 1770 . . . . . Wednesday, April 23, 2003

Senator McCONNELL proposed the following amendment (JUD0500.002), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 3, in Section 20-7-495(B), as contained in SECTION 1, by striking lines 3 through 24 in their entirety and inserting therein the following:

/   (B)(1)   Children's Advocacy Centers must establish memoranda of agreement with governmental entities charged with the investigation and prosecution of child abuse. Fully operational centers must function in a manner consistent with standards of the National Children's Alliance, and all centers must strive to achieve full membership in the National Children's Alliance.

(2)   Children's Advocacy Centers must establish written policies and procedures for standards of care, including, but not limited to, the timely intervention of services between initial contact with the child and the event which led to the child's being referred to the center. Children's Advocacy Centers must make available these written policies and procedures to all professionals who provide services relating to the investigation, treatment, and prosecution of child abuse and neglect within the geographical vicinity of the center.

(3)   Children's Advocacy Center records must be released to the Department of Social Services for purposes of investigation, assessment of allegations of child abuse or neglect, and provision of treatment services to the children or their families. The records must be released to law enforcement agencies and circuit solicitors or their agents who are:

(a)   investigating or prosecuting known or suspected abuse or neglect of a child;

(b)   investigating or prosecuting the death of a child;

(c)   investigating or prosecuting any crime against a child; or

(d)   attempting to locate a missing child.

This provision does not preclude or override the requirement of written consent for release of information by the child's custodial parent or guardian, or the release of information based upon a subpoena or court order, unless otherwise prohibited by law.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.


Printed Page 1771 . . . . . Wednesday, April 23, 2003

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 575 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING OF JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO AS TO PROVIDE FOR AN INCREASE IN THE NUMBER OF JURORS DRAWN FROM THE QUALIFIED ELECTORS OF THE AREA FROM NOT LESS THAN THIRTY NAMES TO NOT MORE THAN ONE HUNDRED NAMES IN ORDER TO HAVE A SUFFICIENT NUMBER OF JURORS FROM WHICH TO DRAW A JURY LIST, TO DELETE THE PROVISION RELATING TO PEREMPTORY CHALLENGES TO JURORS DRAWN FOR A SINGLE TRIAL; TO AMEND SECTION 22-2-80, AS AMENDED, RELATING TO SELECTION OF THE JURY LIST IN MAGISTRATES COURT, SO AS TO PROVIDE FOR A SELECTION OF NOT LESS THAN THIRTY BUT NOT MORE THAN ONE HUNDRED NAMES; TO AMEND SECTION 22-2-90, AS AMENDED, RELATING TO ADDITIONAL PROCEDURES FOR SELECTION OF JURY LISTS IN COURT WHICH SCHEDULES TERMS FOR JURY TRIALS, SO AS TO PROVIDE FOR THE DRAWING OF A JURY LIST IN A MAGISTRATES COURT WHICH SCHEDULES TERMS FOR JURY TRIALS SO THAT NOT LESS THAN FORTY BUT NOT MORE THAN ONE HUNDRED JURORS' NAMES SHALL BE DRAWN TO SERVE ONE WEEK ONLY; TO AMEND SECTION 22-2-100, RELATING TO SELECTION OF PRIMARY AND ALTERNATE JURORS AND PEREMPTORY CHALLENGES, SO AS TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 22-2-120, RELATING TO SELECTION OF ADDITIONAL JURORS AT TIME OF TRIAL, SO AS TO PROVIDE THAT ADDITIONAL JURORS SHALL BE SELECTED FROM THE REMAINING NAMES OR IN THE MANNER PROVIDED IN SECTION 22-2-80 OR SECTION 22-2-100.

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


Printed Page 1772 . . . . . Wednesday, April 23, 2003

Senator RANKIN proposed the following amendment (JUD0575.003), which was adopted:

Amend the bill, as and if amended, page 5, line 9, by striking SECTION 6 in its entirety and inserting therein the following:

/   SECTION   6.   Section 22-3-270 of the 1976 Code is amended to read:

"Section 22-3-270.   (A)   When a defendant in a court of a magistrate in an action on contract does not appear and answer the plaintiff may file proof of the service of the summons and complaint or of the summons on one or more of the defendants and that no answer or demurrer has been served upon him. When the action is for the recovery of money only, judgment may be given for the plaintiff by default if the demand be liquidated. In a contract action in magistrates court, when the action is for the recovery of money and the demand is liquidated, a defendant may be held in default if the defendant:

(1)   does not answer the complaint within the specified time period, and the plaintiff files proof that the summons and complaint were served on the defendant and that no answer or demurrer has been served upon the plaintiff or the court; or

(2)   answers within the specified time period, but fails to appear at the time set for trial.

(B)   If: (a) the claim be is unliquidated, (b) the plaintiff itemize his itemizes the account and append thereto appends the account to an affidavit verifying that it the account is true and correct and no part of the sum sued for has been paid by discount or otherwise, (c) a copy of such the account and affidavit be are served with the summons on the defendant, and (d) the defendant shall neither answer nor demur neither answers nor demurs, the plaintiff shall have must be given a default judgment for the sum sued for as in the case of liquidated demands.

(C)   In all other cases when the defendant either:

(1)   fails to appear and answer within the specified time period; or

(2)   answers within the specified time period, but fails to appear at the time set for trial,
the plaintiff cannot recover without proving his case."

SECTION   7.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.


Printed Page 1773 . . . . . Wednesday, April 23, 2003

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 645 (Word version) -- Senators Pinckney, Ford, Kuhn, Ravenel and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO PROVIDE FOR THE METHOD OF ELECTION OF THE SCHOOL BOARD MEMBERS AND THE REQUIREMENTS FOR A CANDIDATE FOR SUCH OFFICE.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3613 (Word version) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.

Senator LAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senators LAND, ELLIOTT, RAVENEL and McGILL proposed the following amendment (GJK\20550SD03), which was adopted:

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

/   SECTION   _____.   The first paragraph of Section 50-11-120 of the 1976 Code, as last amended by Act 117 of 1999, is further amended to read:

"(A)   Except as specified in this section, the season for hunting small game is Thanksgiving Day through March first. There is no closed


Printed Page 1774 . . . . . Wednesday, April 23, 2003

season for beaver on private lands. However, there is no open season on grouse except in Game Zone 1."

SECTION   _____.   Section 50-11-130 of the 1976 is repealed. /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The 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.

SECOND READING BILLS

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

H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.

H. 3837 -- Ordered to a Third Reading

On motion of Senator ELLIOTT, H. 3837 was ordered to receive a third reading on Thursday, April 24, 2003.

S. 552 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.


Printed Page 1775 . . . . . Wednesday, April 23, 2003

S. 647 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING AMBULATORY SURGICAL FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2784, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 648 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2825, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 649 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 650 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADVERTISING AND SOLICITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 651 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2739, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1776 . . . . . Wednesday, April 23, 2003

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3303 (Word version) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.

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

The Committee on Fish, Game and Forestry proposed the following amendment (3303R001.CKG), which was adopted:

Amend the bill, as and if amended, by striking the title and inserting:

/   TO AMEND SECTION 50-11-310(E) OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.     /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

Recorded Vote

Senator DRUMMOND desired to be recorded as voting against the adoption of the committee amendment.

The question then was the second reading of the Bill.

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


Printed Page 1777 . . . . . Wednesday, April 23, 2003

Recorded Vote

Senators DRUMMOND, MARTIN, FAIR, VERDIN and ALEXANDER desired to be recorded as voting against the second reading of the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 423 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 50-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

The Committee on Fish, Game and Forestry proposed the following amendment (423R001.CKG), which was adopted:

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

/   SECTION   1. Section 50-11-730 of the 1976 Code is amended to read:

"Section 50-11-730.   (A)   For purposes of this section, 'loaded' means the rifle or shotgun contains ammunition.

(B)   It is unlawful for any person to: hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.

'Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.


Printed Page 1778 . . . . . Wednesday, April 23, 2003

(1)   take or attempt to take or molest a deer, bear, or turkey from a boat or other water conveyance;

(2)   take or attempt to take or molest a deer or bear while the animal's free movement is impeded by water; or

(3)   possess a loaded centerfire rifle, or shotgun loaded with buckshot or slugs, while afloat.

(C)   This section does not prohibit hunting or taking migratory birds or small game.

(D)   In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars. In addition to the criminal penalties in this section, a person convicted of a violation of this section must forfeit the weapon, ammunition, vehicle, water conveyance, motor, trailer, and all associated equipment to the State. For purposes of this section, a A conviction for unlawfully hunting deer from boats or other water conveyances a violation of this section is conclusive evidence as against any a convicted owner of the above-mentioned property subject to forfeiture under this section. In all other cases, the forfeiture and sale is accomplished as provided by law the procedure set forth in Section 50-11-740."

SECTION   2.   This act takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE


Printed Page 1779 . . . . . Wednesday, April 23, 2003

DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.

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

The Committee on Fish, Game and Forestry proposed the following amendment (523R002.CKG), which was adopted:

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

/   SECTION   1.   Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-105.   (A)   The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action.

(B)   The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife, may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent


Printed Page 1780 . . . . . Wednesday, April 23, 2003

the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife.

(C)   Department personnel and their designees are authorized to euthanize sick or injured wildlife."

SECTION   2.   Section 50-11-1090 of the 1976 Code is amended to read:

"Section 50-11-1090.   The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and or property or when they pose a significant human health risk. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

REMOVAL OF MINORITY REPORT

S. 19 (Word version) -- Senators Knotts, Hutto and Reese: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

Senator HAWKINS asked unanimous consent to remove the minority report from the Bill.

There was no objection and the minority report was removed from the Bill.


Printed Page 1781 . . . . . Wednesday, April 23, 2003

ADOPTED

H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 29, 2003, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

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

H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

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


Printed Page 1782 . . . . . Wednesday, April 23, 2003

Status Report from the Chairman of the Committee on Finance

Senator LEATHERMAN, Chairman of the Committee on Finance, was recognized to give a status report on H. 3749, the General Appropriation Bill.

S. 301 -- CO-SPONSOR ADDED

S. 301 (Word version) -- Senators Verdin and Kuhn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.

On motion of Senator REESE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of S. 301.

S. 577 -- CO-SPONSOR ADDED

S. 577 (Word version) -- Senators Ritchie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SEWERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL


Printed Page 1783 . . . . . Wednesday, April 23, 2003

CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT, WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

On motion of Senator O'DELL, the name of Senator O'DELL was added as a co-sponsor of S. 577.

S. 385 -- CO-SPONSOR REMOVED

S. 385 (Word version) -- Senators Jackson, Glover, Ford, Anderson, Malloy, Matthews, Patterson and Pinckney: A JOINT RESOLUTION TO ESTABLISH A FACT-FINDING STUDY COMMITTEE TO REVIEW THE EVENTS OF FEBRUARY 8, 1968, REFERRED TO AS THE "ORANGEBURG MASSACRE", AND TO MAKE A REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY CONCERNING THE HISTORICAL, SOCIAL, AND ETHICAL RAMIFICATIONS OF THOSE EVENTS; TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, STAFF, AND REPORTING REQUIREMENTS; AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was removed as a co-sponsor of S. 385.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE THIRD TIME SENT TO THE HOUSE

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH


Printed Page 1784 . . . . . Wednesday, April 23, 2003

CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFER OR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.

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

Amendment No. 1

Senator REESE proposed the following Amendment No. 1 (34-1-REESE), which was adopted:

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

/   SECTION   __.   Section 30-4-20 (a) of the 1976 Code is amended to read:

"(a) 'Public body' means any department of the State, a majority of directors or their representatives of departments within the executive branch of state government as outlined in Section 1-30-10, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, bodies such as the South Carolina Public Service Authority and the South Carolina State Ports Authority.


Printed Page 1785 . . . . . Wednesday, April 23, 2003

Committees of health care facilities, which are subject to this chapter, for medical staff disciplinary proceedings, quality assurance, peer review, including the medical staff credentialing process, specific medical case review, and self-evaluation, are not public bodies for the purpose of this chapter."     /

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

Senator RYBERG argued contra to the adoption of the amendment.

Senator MOORE spoke on the amendment.

Senator RYBERG moved to lay the amendment on the table.

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

Ayes 10; Nays 33

AYES

Fair                      Gregory                   Hawkins
Knotts                    Kuhn                      Mescher
Ryberg                    Thomas                    Verdin
Waldrep

Total--10

NAYS

Alexander                 Anderson                  Branton
Cromer                    Courson                   Drummond
Elliott                   Ford                      Giese
Glover                    Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 McGill *                  Moore
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Richardson
Setzler                   Short                     Smith, J. Verne

Total--33


Printed Page 1786 . . . . . Wednesday, April 23, 2003

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

Amendment No. 4

Senator RYBERG proposed the following Amendment No. 4 (SWB\ 5409CM03), which was subsequently withdrawn:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION   __.   Section 30-4-20(a) of the 1976 Code, is amended to read:

"(a)   'Public body' means any department of the State, a majority of directors or their representatives of departments within the executive branch of state government as outlined in Section 1-30-10, a majority of division heads of any department of the State, a majority of senior staff members of a standing committee of the General Assembly, a legislative caucus, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, bodies such as the South Carolina Public Service Authority and the South Carolina State Ports Authority. Committees of health care facilities, which are subject to this chapter, for medical staff disciplinary proceedings, quality assurance, peer review, including the medical staff credentialing process, specific medical case review, and self-evaluation, are not public bodies for the purpose of this chapter." /

Renumber sections to conform.

Amend title to conform.


Printed Page 1787 . . . . . Wednesday, April 23, 2003

Senator RYBERG explained the amendment.

Senator MOORE moved that the amendment be adopted.

A roll call vote was ordered.

Senator MARTIN, with unanimous consent, argued contra to the adoption of the amendment.

Senator LEATHERMAN, with unanimous consent, argued contra to the adoption of the amendment.

Senator RYBERG, with unanimous consent, spoke on the amendment.

RECESS

At 4:25 P.M., on motion of Senator HAWKINS, with unanimous consent, the Senate receded from business not to exceed three minutes, with Senator RYBERG retaining the floor.

At 4:44 P.M., the Senate resumed.

Senator RYBERG continued speaking on the amendment.

Senator RYBERG asked unanimous consent to make a motion to carry over Amendment No. 4.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not the Senate was in the process of a roll call vote.

The PRESIDENT stated that a roll call vote was pending.

RECESS

At 4:46 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed three minutes.

At 4:50 P.M., the Senate resumed.

Senator RYBERG continued speaking on the amendment.

Senator RYBERG asked unanimous consent to make a motion to rescind the motion for a roll call vote.

There was no objection and the motion for a roll call vote was rescinded.


Printed Page 1788 . . . . . Wednesday, April 23, 2003

On motion of Senator RYBERG, with unanimous consent, Amendment No. 4 was carried over.

On motion of Senator MARTIN, with unanimous consent, Amendment No. 5 was taken up for immediate consideration.

Amendment No. 5

Senators HAWKINS, RYBERG and REESE proposed the following amendment (34R001.JDH), which was adopted:

Amend the bill, as and if amended, by striking Section 30-4-20(a) as contained in SECTION ___.

Amend the bill further, by adding an appropriately numbered section to read:

/   SECTION ____. Chapter 4, Title 30 of the 1976 Code is amended by adding:

"Section 30-4-65.   (A)   The Governor's cabinet meetings are subject to the provisions of this chapter only when the Governor's cabinet is convened to discuss or act upon a matter over which the Governor has granted to the cabinet, by executive order, supervision, control, jurisdiction, or advisory power.

(B)   For purposes of this chapter, 'cabinet' means the directors of the departments of the executive branch of state government appointed by the Governor pursuant to the provisions of Section 1-30-10(B)(1)(i) when they meet as a group and a quorum is present."       /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

Senator HAWKINS moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator RYBERG, with unanimous consent, Amendment No. 4, which had been previously carried over, was withdrawn.

The question then was the third reading of the Bill.


Printed Page 1789 . . . . . Wednesday, April 23, 2003

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

Ayes 45; Nays 0

AYES

Alexander                 Anderson *                Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover *                  Gregory
Grooms                    Hawkins                   Hayes
Holland *                 Hutto                     Jackson *
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill *                  Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin *                  Waldrep

Total--45

NAYS

Total--0

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

OBJECTION

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.


Printed Page 1790 . . . . . Wednesday, April 23, 2003

Senator SETZLER asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator HAYES objected.

PASSED BY 'AYES' AND 'NAYS'
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

Senator LEVENTIS was recognized.

Objection

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

With Senator LEVENTIS retaining the floor on S. 532, Senator SETZLER asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator KUHN objected.

Senator LEVENTIS resumed arguing contra to the second reading of S. 532.

ACTING PRESIDENT PRESIDES

At 5:14 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS continued arguing contra to the second reading of S. 532.


Printed Page 1791 . . . . . Wednesday, April 23, 2003

Objection

With Senator LEVENTIS retaining the floor on S. 532, Senator RICHARDSON asked unanimous consent to make a motion that the Senate stand adjourned.

Senator ELLIOTT objected.

Senator LEVENTIS continued arguing contra to the second reading of S. 532.

With Senator LEVENTIS retaining the floor on S. 532, Senator SETZLER asked unanimous consent to take up H. 3361 for immediate consideration.

There was no objection.

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

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (GJK\20431SD03), which was withdrawn:

Amend the bill, as and if amended, in Section 59-1-430 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:

/   Beginning with the 2004-2005 school year, the Palmetto Achievement Challenge Test (PACT) in grades three through eight shall be administered annually in the second week of May as long as the return of data from the test is consistent with the requirements of the federal No Child Left Behind Act of 2003 and the South Carolina Education Accountability Act of 1998. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER spoke on the committee amendment.


Printed Page 1792 . . . . . Wednesday, April 23, 2003

On motion of Senator GIESE, with unanimous consent, the committee amendment was withdrawn.

Amendment No. 1

Senators COURSON, SHORT, SETZLER, RANKIN and KNOTTS proposed the following Amendment No. 1 (3361R001.JEC), which was adopted:

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

/   SECTION   1.   Local school districts shall make every reasonable effort to make up days missed because of snow, extreme weather conditions, or other emergency situations requiring schools to close. As part of their school calendars and after November 30th, all school districts are to provide for at least three make-up days. In the event that designated days have been used or are no longer available, the local school board may lengthen the hours of school operation, operate schools on Saturday, authorize a waiver to the requirements of Section 59-1-420, not to exceed five days, or a combination of these alternatives. A waiver to Section 59-1-420 must be authorized through a majority vote of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.

Beginning with the 2004-2005 school year, the Palmetto Achievement Challenge Test (PACT) in grades three through eight shall be administered annually in the second week of May as long as the return of data from the test is consistent with the requirements of the federal No Child Left Behind Act of 2003 and the South Carolina Accountability Act of 1998.     /

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

/   SECTION   ___.   Section 59-19-90 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )   Establish the annual calendar. Have the authority to establish an annual school calendar for students, faculty, and staff to include starting dates, ending dates, holidays, make-up days, in-service days, and professional development days."     /

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


Printed Page 1793 . . . . . Wednesday, April 23, 2003

/   SECTION   ___.   Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-1310.   The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500, and 59-20-60 will be consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report are due on a date established by the Department of Education, but no later than April 30 annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school to be developed in conjunction with the School Improvement Council and this report shall be provided and advertised no later than April 30 annually. The school report card narrative in Section 59-18-900 continues on its prescribed date."     /   Amend the bill further, as and if amended by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 59-18-360 of the 1976 Code is amended to read:

"Section 59-18-360.   The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every four seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy."   /

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

/   SECTION   ___.   Chapter 63, Title 59 of the 1976 Code is amended by adding:


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"Section 59-63-333.   The State Department of Education shall conform the requirements of Sections 59-63-310 through 59-63-340 on school crime so as to fulfill the provisions of the No Child Left Behind Act of 2001 (20 U.S.C. Section 7912) which includes reports on 'persistently dangerous schools' and on 'the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary and secondary schools.' A summary of the provisions of Article 4, Chapter 63 of Title 59 and Section 16-3-612 required to be included in the school's student handbook each year shall be revised to conform with the requirements of this section."   /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

The Senate resumed consideration of S. 532.

Senator LEVENTIS continued arguing contra to the second reading of S. 532.

Senator HAYES asked unanimous consent to make a motion that the text of the Joint Resolution be printed upon the pages of the Journal as follows, that S. 532 would not be taken up for consideration until after consideration of the General Appropriation Bill had been completed and that the Resolution be given a second reading with notice of general amendments on third reading.

There was no objection and the text of the Resolution is as follows:

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH


Printed Page 1795 . . . . . Wednesday, April 23, 2003

SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:

"Section 1.   In the exercise of the police power the General Assembly shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper;, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. or the The General Assembly may prohibit the manufacture, and sale, and retail of alcoholic liquors and beverages within the State, and may authorize and empower state, county, and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems considers expedient. Provided However, that no a license shall must not be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further however, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages. Provided, further However, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in on the premises of businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on the premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to authorize the General


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Assembly to determine the size of containers in which alcoholic liquors or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

* * *

The question then was the second reading of the Resolution, with notice of general amendments on third reading.

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46


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NAYS

Total--0

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

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

DEBATE INTERRUPTED

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

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

On motion of Senator SETZLER, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Horry County Master-in-Equity, with term to commence July 31, 2003, and to expire July 31, 2009

James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528

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

Reappointment, Barnwell County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Lawson J. Holland, P.O. Box 1205, Barnwell, S.C. 29812


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ADJOURNMENT

At 5:45 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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