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

Tuesday, April 1, 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, hear some ancient history, Deuteronomy 34:9:

"Joshua son of Nun was full of the spirit of wisdom, because Moses had laid his hands on him; and the Israelites obeyed him, doing as the Lord had commanded Moses."
Let us pray.

Father, we feel that our President is leading us in a righteous cause, the control of the reign of evil over goodness.

We are disturbed over the killing of so many innocent people.

Renew the strength and energy of our weary soldiers on the long, hard, dangerous road to Baghdad.

We are grateful for the God-fearing leaders of the armed forces of the United State of America!

Father, hasten the day of victory and help us to be faithful here.
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:

Statewide Appointment

Initial Appointment, South Carolina Department of Highways and Public Transportation, with term coterminous with Governor

At-Large - Chairman:

Tecumseh Hooper, Jr., 6 Rock Creek Court, Greenville, S.C. 29605 VICE Morgan Martin

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2712
Agency: Department of Social Services
SUBJECT: Residential Group Care Organizations for Children
Received by Lieutenant Governor April 23, 2002
Referred to Judiciary Committee
Legislative Review Expiration April 15, 2003 (Revised)
Withdrawn and Resubmitted March 26, 2003

Doctor of the Day

Senator ALEXANDER introduced Dr. James R. Pruitt (Jim) of Seneca, S.C., Doctor of the Day.

Leave of Absence Rescinded

At 12:10 P.M., the leave of absence granted to Senator DRUMMOND for the week was rescinded.

S. 521 -- CO-SPONSOR REMOVED

S. 521 (Word version) -- Senators Knotts and Setzler: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was removed as a co-sponsor of the Bill.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 535 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND MR. WILLIAM STARR OF COLUMBIA FOR FOUR DECADES OF DEDICATED SERVICE IN THE FIELD OF MEDIA UPON HIS RETIREMENT AND WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 536 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-75 SO AS TO PROVIDE FOR A TEN-DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
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Read the first time and referred to the Committee on Transportation.

S. 537 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 538 (Word version) -- Senators Richardson and Pinckney: A CONCURRENT RESOLUTION URGING THE GOVERNOR OF THIS STATE BY EXECUTIVE ORDER TO CREATE A COMMISSION IN COOPERATION WITH THE GOVERNOR OF GEORGIA TO STUDY THE FEASIBILITY OF CREATING A JOINT PORT AUTHORITY FOR THE PORT OF SAVANNAH AND FOR OTHER PURPOSES.
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On motion of Senator RICHARDSON, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

S. 539 (Word version) -- Senators Kuhn, McConnell, McGill, Ravenel, Mescher, Land, Martin, Grooms, Ford, Peeler, Giese, Moore, Leatherman, Hayes, O'Dell, Fair, Richardson, Waldrep, Verdin, Ritchie, Thomas, Branton, Drummond, Malloy, Leventis, Alexander, Jackson, Patterson, Gregory, Elliott, Anderson, Hawkins, Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO REQUIRE THAT SOUTH CAROLINA HISTORY MUST BE TAUGHT AS A YEAR-LONG COURSE IN THE EIGHTH GRADE IN A PUBLIC SCHOOL OF THIS STATE, TO REQUIRE THAT SOUTH CAROLINA HISTORY BE TESTED ON THE PALMETTO ACHIEVEMENT CHALLENGE TESTS IN THE EIGHTH GRADE, AND TO REQUIRE THAT SOUTH CAROLINA GOVERNMENT AND SOCIAL STUDIES BE TAUGHT FOR ONE SEMESTER IN THE SEVENTH GRADE IN A PUBLIC SCHOOL OF THIS STATE.
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Senator KUHN spoke on the Bill.

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

H. 3884 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO COMMEND GERTRUDE PASLEY WILLIAMS OF GREELEYVILLE FOR HER OUTSTANDING SERVICE TO THE COMMUNITY AND HER COMMITMENT TO EDUCATION, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

H. 3885 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE C.E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS' BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, THEIR SCHOOL'S FIRST CHAMPIONSHIP VICTORY, TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

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

H. 3886 (Word version) -- Reps. Kennedy, Harvin and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL "TIGERS" BOYS' BASKETBALL TEAM ON WINNING THE 2003 CLASS A STATE CHAMPIONSHIP, TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

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

H. 3887 (Word version) -- Reps. Sandifer, Bailey, Kirsh, Cato, Edge, Huggins, Loftis, Stewart and Whitmire: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 2, 2003, AS "SOUTH CAROLINA HOME BUILDER DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING PROFESSIONAL HOME BUILDERS AND HOUSING SPECIALISTS IN OUR STATE.

On motion of Senator MESCHER, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

REPORTS OF STANDING COMMITTEE

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

S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

NONCONCURRENCE

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCES

S. 515 (Word version) -- Senators Grooms, Branton, Matthews and Ritchie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOURIE THEATER OF ST. GEORGE, THEIR DISTINGUISHED BOARD OF DIRECTORS, CONTRIBUTORS, SUPPORTERS, PERFORMERS, FRIENDS AND PATRONS, FOR THEIR MANY CONTRIBUTIONS AND RESOUNDING SUCCESS IN RENOVATION AND PRESERVATION OF THE LOURIE THEATER, TO COMMEND THEM FOR THEIR TREMENDOUS GIFT OF THEATER, PERFORMING ARTS, AND CULTURAL EVENTS TO THE PEOPLE OF ST. GEORGE AND THE SURROUNDING AREA, AND TO WISH THEM EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 528 (Word version) -- Senators Land, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SUPPORT AND GENUINE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS FOR THE SERVICE AND SACRIFICE OF THE BRAVE MEN AND WOMEN OF THE ARMED FORCES OF THE UNITED STATES SERVING AT HOME, DEPLOYED OVERSEAS, PRESERVING THE PEACE IN FOREIGN LANDS, AND ACTIVELY ENGAGED IN ARMED CONFLICT IN IRAQ; COMMEND THEM FOR THEIR BRAVERY IN THE FACE OF DANGER AND ENDURANCE IN THE FACE OF HARDSHIP, AND THEIR DEVOTION TO DUTY, PROFESSIONALISM AND TENACITY IN THE ACCOMPLISHMENT OF THEIR MISSION; AND WISH THEM GODSPEED, A RESOUNDING VICTORY OVER THE FORCES OF EVIL, A SAFE AND EARLY RETURN HOME, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and 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. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

H. 3299 (Word version) -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

H. 3655 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3656 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3657 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILLS

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

S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

Senator RYBERG explained the Bill.

S. 305 (Word version) -- Senators Leatherman and Drummond: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.

S. 425 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.

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

S. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.

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

The Finance Committee proposed the following amendment (GGS\22016HTC03), which was adopted:

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

/ SECTION   1.   Section 6-1-530(B) of the 1976 Code, as added by Act 138 of 1997, is further amended to read:

"(B)(1)     In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.

(2)   In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually, an amount not to exceed fifty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection." /

Renumber sections to conform.

Amend title to conform.

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.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.

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

Senator GIESE proposed the following amendment (20462SD03), which was adopted:

Amend the bill, as and if amended, in Section 59-17-135 of the 1976 Code, as contained in SECTION 1, by inserting after /grade/ on line 28, /'S' for satisfactory, 'N' for needs to improve, and 'U' for unsatisfactory /

Renumber sections to conform.

Amend title to conform.

Senator GIESE 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 BILL

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

S. 164 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

AMENDMENT PROPOSED, OBJECTION

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

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

Senator RICHARDSON proposed the following amendment (JUD0208.004):

Amend the bill, as and if amended, page 8, beginning on line 42, in Section 58-3-5(2), as contained in SECTION 4, by striking lines 42 through line 3 on page 9 in their entirety and inserting therein the following:

/     (2)   'Immediate family' means an individual who is:

(a)   the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in law, or daughter-in-law of the person; or

(b)   an individual claimed by the person or the person's spouse as a dependent for income tax purposes.   /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator JACKSON objected to further consideration of the Bill.

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

MOTION ADOPTED

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

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

CARRIED OVER

H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.

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

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

CARRIED OVER

S. 209 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

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

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

CARRIED OVER

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.

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

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

AMENDMENT PROPOSED, DEBATE INTERRUPTED

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD208.004) proposed by Senator RICHARDSON.

Senator McCONNELL explained the Bill.

Senator JACKSON spoke on the Bill.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator FAIR, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Paul C. Aughtry of Greenville, S.C.

ADJOURNMENT

At 1:01 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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