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

Tuesday, February 25, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, the Psalmist cried to his God (39:12):

"Hear my prayer, O Lord, and give ear to my cry."
Let us pray.

Father, we know that the Iraqi mothers and fathers are praying for their children, too and that strife is a part of our human existence. They are praying and we are praying, perhaps in the same words. So much depends on knowledge, resources, and attitude.

Sometimes we think our prayers and God's mercy are like two buckets in a well... as one comes up, the other goes down.

As we send up our bucket of prayers, we thank You for Your bucket of mercy... coming down.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Local Appointment

Initial Appointment, Oconee County Magistrate, with term to commence February 6, 2003, and to expire April 30, 2006

Will Derrick, 609 N. Depot Street, Seneca, S.C. 29678 VICE Susanne E. Earle

MESSAGES FROM THE GOVERNOR

VETO OVERRIDDEN

(R1, S129 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.

State of South
Office of the Governor
P. O. Box 12267
Columbia, SC 29211
February 21, 2003

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

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 129, R1, an Act:

TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.

This veto is based on my belief that this Bill is unconstitutional. S. 129, R1 proposes to increase the number of the number of members on the Registration and Elections Commission for York County. As such, S. 129, R1 affects only York County and is, therefore, clearly an Act for a specific county. Such Acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 129, R1 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 129, R1 to you without my signature.

Sincerely,
/s/ Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator HAYES 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 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   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--45

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

(R2, S158 (Word version)) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

State of South
Office of the Governor
P. O. Box 12267
Columbia, SC 29211
February 21, 2003

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

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 158, R2, an Act:

TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

This veto is based on my belief that this Bill is unconstitutional. S. 158, R2 proposes to abolish the Office of the Charleston County Board of Voter Registration and create in its place the Board of Elections and Voter Registration of Charleston County. As such, S. 158, R2 affects only Charleston County and is, therefore, clearly an Act for a specific county. Such Acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 158, R2 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 158, R2 to you without my signature.

Sincerely,
/s/ Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator GROOMS 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 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   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--45

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

(R3, S188 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN IS 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.

State of South
Office of the Governor
P. O. Box 12267
Columbia, SC 29211
February 21, 2003

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

Dear Mr. President and Members of the Senate:

I am returning without my approval S. 188, R3, a Joint Resolution:

TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A.R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIRMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based upon my belief that S. 188, R3 is unconstitutional.

Though well-intentioned as it might be, S. 188, R3 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 should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like S. 188, R3 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. 188, R3 renders this Joint Resolution unconstitutional. For this reason, I am returning S. 188, R3 to you without my signature.

Sincerely,
/s/ Mark Sanford
Governor

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN 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 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   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--45

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.

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, upon the conclusion of the Joint Assembly today the Senate would reconvene

and, further, that, when the Senate adjourns today, the Senate agreed to stand adjourned to meet at 11:45 A.M. tomorrow and that upon the conclusion of the Joint Assembly tomorrow, the Senate would stand in recess until 2:30 P.M.

Committee to Escort

The PRESIDENT appointed Senators DRUMMOND, LEVENTIS, COURSON, GLOVER and WALDREP to escort the Honorable Ronald F. Conley, National Commander of the American Legion, and members of his party to the House of Representatives for the Joint Assembly on Tuesday, February 25, 2003.

RECESS

At 12:27 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Address by the National Commander of the American Legion

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 the following Concurrent Resolution adopted by both Houses:

S. 189 (Word version) -- Senators Courson, Knotts, Giese and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RONALD F. CONLEY, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 25, 2003.

The Honorable Ronald F. Conley, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, LEVENTIS, COURSON, GLOVER and WALDREP and Representatives Hosey, McLeod, Walker, Taylor and Coates.

The PRESIDENT of the Senate introduced the Honorable Ronald F. Conley, National Commander of the American Legion.

Commander Conley addressed the Joint Assembly.

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 12:54 P.M., the Senate reconvened.

Doctor of the Day

On behalf of Senator GREGORY, Senator SHORT introduced Dr. Andrew Pate of Lancaster, S.C., Doctor of the Day.

Leave of Absence

At 12:05 P.M., Senator HUTTO requested a leave of absence beginning at Noon on February 28, 2003, and lasting until 9:00 A.M. on March 10, 2003.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator ALEXANDER proposed the following amendment (310R001.TCA), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 25 and inserting:

/   shall be a minimum of two hundred fifty thousand dollars rather than     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

CO-SPONSOR REMOVED

S. 296 (Word version) -- Senators Waldrep, O'Dell, Mescher, Verdin, Giese, Richardson, Ritchie, Leventis, Hayes, Leatherman, Ford, Ravenel, Peeler, Elliott, Glover, Reese, Courson, Kuhn, Fair and Gregory: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR UTILIZING A CRITICAL AREA IN COASTAL ZONE COUNTIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THE AREA HAS BEEN DESIGNATED, SO AS TO PROVIDE AN EXEMPTION FOR DISPOSAL OF MATERIAL DERIVED FROM MAINTENANCE DREDGING WITHIN CERTAIN DEVELOPMENTS.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was removed as a co-sponsor of S. 296.

CO-SPONSOR REMOVED

S. 382 (Word version) -- Senators Ryberg, Grooms, Verdin, Peeler, Martin, Ritchie, Kuhn, Mescher, McConnell, Giese, Richardson, Ravenel, Branton, Gregory, Fair and Knotts: A BILL TO REPEAL SECTION 9-1-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) AND TO GIVE THIS REPEAL PROSPECTIVE EFFECT.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was removed as a co-sponsor of S. 382.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 409 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 47-3-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF EUTHANIZING ANIMALS, SO AS TO REMOVE BARBITURIC ACID DERIVATIVES FROM THE AUTHORIZED LIST OF METHODS FOR SUCH EUTHANASIA AND TO INCLUDE SCHEDULE II AND III CONTROLLED SUBSTANCE EUTHANASIA AGENTS, TO CONFORM PROVISIONS FOR THIS SECTION TO THESE REVISIONS, AND TO CLARIFY PROCEDURES FOR OBTAINING AUTHORIZATION TO USE THESE CONTROLLED SUBSTANCES.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 410 (Word version) -- Senators Setzler, Giese and Knotts: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.
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The Concurrent Resolution was introduced and referred to the Committee on Education.

S. 411 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO REQUIRE AGENCY WITHDRAWAL OF REGULATIONS AFTER THE STANDING COMMITTEE TO WHICH THE REGULATIONS WERE REFERRED BY MAJORITY VOTE, REQUESTS THAT THE REGULATIONS BE WITHDRAWN; AND TO REPEAL SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 412 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A MUNICIPALITY, SO AS TO AUTHORIZE A MUNICIPALITY TO CONSTRUCT AND OPERATE TELECOMMUNICATION AND CABLE TELEVISION SYSTEMS AND PROVIDE TELECOMMUNICATION AND CABLE SERVICES.
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Read the first time and referred to the Committee on Judiciary.

S. 413 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 RELATING TO CERTIFIED ANIMAL CARETAKERS SO AS TO PROVIDE FOR THE PURPOSE AND DEFINITIONS USED IN THIS ARTICLE, TO CREATE THE COMMERCIAL KENNEL AND CERTIFIED ANIMAL CARETAKERS EXAMINERS BOARD AND PROVIDE FOR ITS MEMBERS, TERMS, POWERS, AND DUTIES; TO PROVIDE FOR REGISTRATION, EXAMINATION, AND CERTIFICATION OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR SUSPENSION OR REVOCATION OF CERTIFICATES OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE FOR PUBLICATION OF A ROSTER OF CERTIFIED ANIMAL CARETAKERS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WORK AS A CERTIFIED ANIMAL CARETAKER WITHOUT COMPLYING WITH THE CERTIFICATION REQUIREMENTS OF THIS ARTICLE OR TO KNOWINGLY PRESENT FALSE INFORMATION FOR THE PURPOSE OF OBTAINING A CERTIFICATE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO IS NOT A CERTIFIED ANIMAL CARETAKER TO OPERATE A COMMERCIAL BOARDING KENNEL IN THIS STATE UNLESS THE ACTUAL OPERATION OF THE BOARDING KENNEL IS UNDER THE DIRECT SUPERVISION OF A CERTIFIED ANIMAL CARETAKER; TO PROVIDE THAT IT IS UNLAWFUL FOR A KENNEL OWNER OR OPERATOR, A CERTIFIED ANIMAL CARETAKER, OR ANOTHER PERSON TO OPERATE A COMMERCIAL BOARDING KENNEL THAT DOES NOT PROVIDE PROPER CARE AND TREATMENT, INCLUDING EMERGENCY VETERINARY CARE WHEN NECESSARY, ADEQUATE WATER, ADEQUATE FEED, PROPER AMBIENT TEMPERATURE, SANITIZED BEDDING, SANITIZED PRIMARY ENCLOSURES, AND SANITIZED HOUSING FACILITIES FOR ALL ANIMALS AND PETS BOARDED WITHIN THE KENNEL AT ALL TIMES; TO PROVIDE FOR THE ENFORCEMENT OF THIS ARTICLE BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND FOR INVESTIGATIONS INTO REPORTS OF VIOLATIONS OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
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Read the first time and referred to the Committee on Transportation.

H. 3092 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE SOUTH CAROLINA OFFICE OF INDIGENT DEFENSE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF INDIGENT DEFENSE RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.

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

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

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

H. 3338 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PUBLIC DISORDERLY CONDUCT, SO AS TO PROVIDE THAT IT IS ILLEGAL TO USE OBSCENE OR PROFANE LANGUAGE THAT CREATES AN IMMINENT RISK OF VIOLENT REACTION FROM THE LANGUAGE AT CERTAIN LOCATIONS.

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

H. 3618 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PERMANENTLY REPEAL THE DEATH TAX.

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

H. 3620 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO GIVE FIRST PRIORITY TO SUPPORTING AND PASSING THE DEFENSE APPROPRIATIONS BILL BEFORE OTHER APPROPRIATION MEASURES.

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

H. 3622 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND VOTE FOR ALL EFFORTS TO BUILD AND DEPLOY A NATIONAL MISSILE DEFENSE SYSTEM AS RAPIDLY AS POSSIBLE.

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

H. 3630 (Word version) -- Reps. McLeod and Duncan: A BILL TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

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

H. 3631 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.

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

H. 3633 (Word version) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPT 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.

Read the first time and, on motion of Senator VERDIN, with unanimous consent, H. 3633 was ordered placed on the Calendar without reference.

H. 3652 (Word version) -- Reps. Rivers and Bowers: A BILL TO ALLOW THE IMPOSITION OF THE CAPITAL PROJECTS SALES TAX IN HAMPTON COUNTY EFFECTIVE MAY 1, 2003.

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

H. 3663 (Word version) -- Reps. Vaughn, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. JERRY HOWARD BRIDGERS OF GREER ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.

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

H. 3665 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COACH AND MEMBERS OF THE W. WYMAN KING ACADEMY "LADY KNIGHTS" VOLLEYBALL TEAM OF BATESBURG ON CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE ON FRIDAY, OCTOBER 25, 2002, AND SATURDAY, OCTOBER 26, 2002.

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

H. 3666 (Word version) -- Reps. Talley, 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, 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, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS A VITAL AND INTEGRAL PART OF SOUTH CAROLINA AND SOUTH CAROLINA'S ECONOMY, AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST FEATURED ATTRACTIONS WHICH SHOULD CONTINUE TO HOST TWO NASCAR WINSTON CUP RACES EACH YEAR.

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

H. 3676 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE BRIGADIER GENERAL CHARLES E. SAVAGE, SOUTH CAROLINA AIR NATIONAL GUARD, FOR HIS OUTSTANDING LEADERSHIP AND MANY PERSONAL ACCOMPLISHMENTS OVER A LONG AND DISTINGUISHED MILITARY CAREER, TO EXPRESS HEARTFELT APPRECIATION FOR HIS SERVICE AND SACRIFICE IN PEACE AND WAR, AND ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE, TO WISH HIM AND HIS FAMILY EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 29 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

S. 70 (Word version) -- Senators Moore, Elliott, Hayes, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DIPLOMAS TO HIGH SCHOOL STUDENTS WHO ENLISTED IN THE MILITARY DURING WORLD WAR II, SO AS TO ALSO INCLUDE THE ISSUANCE OF DIPLOMAS TO STUDENTS WHO ENLISTED DURING THE PERIOD OF JUNE 25, 1950, THROUGH JULY 27, 1953, THE KOREAN WAR.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 144 (Word version) -- Senators Knotts, Reese and Rankin: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a majority favorable and Senator FAIR a minority unfavorable report on:

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 236 (Word version) -- Senators Gregory and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BEAVER CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 97 IN KERSHAW COUNTY IN HONOR OF THE LATE SENIOR STATE TROOPER MICHAEL J. RAO AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE BRIDGE CONTAINING THE WORDS "SENIOR TROOPER MICHAEL J. RAO BRIDGE".

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.

H. 3615 (Word version) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

HOUSE BILL RETURNED

The following House Joint Resolution was read the third time and ordered returned to the House with amendments:

H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.

THIRD READING BILLS

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

S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.

S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDANT IS ELIGIBLE FOR STATE-PAID PREMIUMS.

S. 184 (Word version) -- Senators McConnell, Holland and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.

S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.

S. 408 (Word version) -- Senators Courson and Drummond: A JOINT RESOLUTION TO AMEND ACT 381 OF 2002, RELATING TO THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT, TO INCLUDE THE STATE FLAG OF SOUTH CAROLINA AS ONE OF THE FLAGS TO BE FLOWN AT THE MONUMENT.

By prior motion of Senator COURSON, with unanimous consent

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 218 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, SO AS TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER.

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

Senator HUTTO proposed the following amendment (JUD0218.001), which was adopted:

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

/   SECTION   1.   Section 40-54-10 of the 1976 Code is amended to read:

"Section 40-54-10.   As used in this chapter:

(1)   'Business' means the purchase of precious metal or precious or semiprecious stones or gems for profit.

(2)   'Dealer' means any person, corporation, or partnership who buys precious metal or precious or semiprecious stones or gems from the general public, whether in bulk or in manufactured form, with an intent to obtain a monetary profit for himself or for a principal.

(2)(3)   'Precious metal' means any article made in whole or in part of gold, silver, or platinum.

(3)(4)   'Precious or semiprecious stone or gem' means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious.

(4)(5)   'Local law enforcement agency' means the chief of police for businesses located within the corporate limits of a municipality and the county law enforcement agency for businesses located outside the corporate limits of a municipality.

(5)(6)   'Permanent place of business' means a fixed premises either owned by the dealer or leased by him. One year's lease is a presumption of permanency.

(6)(7)   'Places proposed to do business' means the counties or municipalities in which the dealer intends to purchase precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems.

(7)(8)   'Purchase' means the acquisition of precious metal or precious or semiprecious stones or gems or both precious metal and precious or semiprecious stones or gems for a consideration of cash, goods, or other precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. Trade-ins are covered by the provisions of this chapter unless the item traded was purchased directly from the dealer allowing the trade.

(9)   'Seller' means a member of the general public making a sale or offer of sale of precious metal or precious or semiprecious stones or gems."

SECTION   2.   The first two undesignated paragraphs of Section 40-54-20 of the 1976 Code are amended to read:

"No A dealer as defined herein shall not operate a business in the State of South Carolina unless he first obtains a permit from the local law enforcement agency to engage in the business of purchasing precious metals from the local law enforcement agency and operates only from a permanent place of business. No A dealer shall must not operate upon public property nor or from a vehicle, flea market, hotel room, or similar temporary location.

The form of the permit to engage in the business of purchasing precious metals shall must be prescribed by the State Law Enforcement Division and all. All applicants for a permit under this chapter, whether a person, firm, or corporation, shall must file a written sworn application signed by the applicant if an individual, by all the partners if a partnership, and by the president if a corporation, with the local law enforcement agency showing:"

SECTION   3.   The first undesignated paragraph of Section 40-54-40 of the 1976 Code is amended to read:

"Every A dealer shall must keep a book in which must be written at the time of any a purchase: of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase,; the amount of money or other property exchanged for the metal, stones, or gems,; the name, sex, race, age, address, and driver's license number of the person selling the items, articles, or things bought,; and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks. If the seller does not have a driver's license, some other another positive identification bearing his photograph and an identifying number may be substituted. If the seller cannot is unable to produce a driver's license or other positive identification, the dealer may shall not buy any merchandise make a purchase from him. Every dealer shall, at the time of purchase, At the time of purchase, a dealer must obtain the signature of the seller as part of the recording of the transaction."

SECTION   4.   Section 40-54-50 of the 1976 Code is amended to read:

"Section 40-54-50.   (A)   No A dealer may shall not make a purchase any precious metal from a minor unless the minor is accompanied by his parent or guardian with appropriate identification as required by Section 40-54-40.

(B)   All precious metals purchased purchases made by a dealer shall must be held by the dealer at his permanent place of business or at another suitable location in the State of South Carolina without being resold, melted, or altered in any manner, for a period of seven days from the purchase date. All goods required to be held under pursuant to this section shall at all reasonable times be open are subject to inspection, at reasonable times, by any a law enforcement agency."

SECTION   5.   Section 40-54-60 of the 1976 Code is amended to read:

"Section 40-54-60.   Possession of equipment which has been used, or is being used, for the melting, crushing, or altering other alteration of the precious metals, stones, or gems is unlawful unless possessed by a dealer with a valid permit as provided in Section 40-54-20."

SECTION   6.   Section 40-54-70 of the 1976 Code is amended to read:

"Section 40-54-70.   (A)   A dealer shall not make a purchase from a seller if there is evidence of ownership by a third party without first taking reasonable steps to ascertain the item's true ownership. A dealer must return an item so purchased, on demand and without a fee, to the third party owner.

(B)   Any A dealer buying precious metal making a purchase with knowledge that the metal, stone, or gem has been stolen shall be is liable to the lawful owner of such the metal, stone, or gem in an amount triple the fair market value of the stolen items item, computed at the time of the theft, and shall be is liable for a reasonable attorney's fee as the court in its discretion may award. This shall be a civil remedy and is in addition to any other civil and criminal remedies provided by the law. Provided, any However, a dealer, having purchased precious metal who makes a purchase in compliance with the provisions of this chapter, such metal subsequently but the item being shown is subsequently shown to have been stolen by a member of the immediate family of the rightful owner, may demand reimbursement from the owner equal to the amount paid for the metal item before returning the metal item to the owner."

SECTION   7.   Section 40-54-90 of the 1976 Code is amended to read:

"Section 40-54-90.   The provisions of this chapter shall regulate the business of purchasing precious metals and precious or semiprecious stones or gems in this State and shall preempt any ordinances passed by political subdivisions purporting to regulate such the business."

SECTION   8.   Section 40-54-100 of the 1976 Code is amended to read:

"Section 40-54-100.   This chapter shall does not apply to the following specific transactions:

(1)   a transaction between dealers of precious metals where if the selling dealer has already complied with the seven-day holding period, nor shall they apply or to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions.;

(2)   the purchase of manufactured items bought directly from the manufacturer or his authorized representatives.; or

(3)   the purchase of bulk precious metals brought purchases made directly from the commodity exchanges, banks, dealers, or licensed brokers."

SECTION   9.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   10.   This act takes effect upon approval by the Governor and applies to purchases made after that date.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 6 (Word version) -- Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin: A BILL TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

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

The Committee on Judiciary proposed the following amendment (JUD0006.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 26, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 30-2-30(3) of the 1976 Code, as added by Act 225 of 2002, is amended to read:

"(3)   'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:

(a)   offering membership in a credit union;

(b)   notification of continuing education opportunities sponsored by not-for-profit professional associations;

(c)   selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or

(d)   contacting persons for political purposes using information on file with state or local voter registration offices."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

CARRIED OVER

S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".

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

S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.

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

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

COMMITTED

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.

Senator GIESE moved that the Bill be committed to the Committee on Judiciary.

There was no objection and the Bill was committed to the Committee on Judiciary.

MADE INTERRUPTED DEBATE

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.

Senator McCONNELL asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.

There was no objection and the Bill was placed in the status of Interrupted Debate.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, Oconee County Magistrate, with term to commence February 6, 2003, and to expire April 30, 2006

Will Derrick, 609 N. Depot Street, Seneca, S.C. 29678 VICE Susanne E. Earle

ADJOURNMENT

At 1:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:45 A.M.

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