Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Psalm 145:15f:
"The eyes of all look to You, and You give them their food in due season. You open Your hand satisfying the desire of every living thing."
Let us pray.
Eternal God, our Father, as we behold the gorgeous dress of Mother Nature, bedecked in the loveliness of her spring attire, we see Your signature of BEAUTY.
As we stand amazed before the budding shrubs and trees that a few weeks ago seemed dead, now so alive, and when we hear the word of the safe and happy arrival in this world this morning of Ainsley Cooper Gossett, child of Paige and Jeff Gossett, we see Your signature of LIFE itself for which we lift our prayer of gratitude!
As we behold a world of people, some doing evil, but so many longing to do that which is RIGHT, we witness Your signature of GOODNESS.
From these signatures, O Lord, help us to become more and more acquainted with the CREATOR OF BEAUTY, GOODNESS, TRUTH AND LIFE.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2583
Agency: Department of Insurance
1-23-110, et seq., 38-77-530
SUBJECT: South Carolina Reinsurance Facility Recoupment
Received by Lieutenant Governor January 29, 2001
At 4:15 P.M., Senator COURSON requested a leave of absence beginning at 8:00 P.M. tonight until 9:00 A.M. on Thursday, April 5, 2001.
H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
The Bill was recalled from the Committee on Fish, Game and Forestry.
Senator GROOMS 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.
Senator GROOMS proposed the following amendment (SWB\5307DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-5-1505(1)(b) of the 1976 Code, as last amended by an act of 2001 bearing ratification number 20, is further amended to read:
"(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:
( i) Rediversion Canal: from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Ridiversion Canal:
Season: No open season;
( ii) Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
( ii)(iii) Wilson Dam seaward to U.S. Highway 52 bridge:
Season: No open season.
(iii)(iv) U.S. Highway 52 bridge seaward to SC Highway 41 bridge:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(iv)(v) U.S. Highway 41 bridge seaward:
(1) Season: February 1 through March 31;
(2) Times: Monday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits."
SECTION 2. Section 50-5-1505(2)(b) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:
( i) Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the department seaward to Wilson Dam Boat Landing:
(1) February 15 through April 30 for herring only;
(2) Times: Sunrise Monday to sunset Thursday, as locally published;
(3) Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats. No additional boat may be used to increase a person's daily take.
( i)( ii) Rediversion Canal:
(1) Season: March 1 through April 30;
(2) Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;
(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stevens Powerhouse, except with hook and line from March 1 through April 15;
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats.
( ii)(iii) Santee system excluding Rediversion Canal: Santee River seaward of Wilson Boat Landing:
Season: No open season."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator GROOMS, with unanimous consent, H. 3805 was ordered to receive a third reading on Thursday, April 5, 2001.
H. 3825 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO AUTHORIZE DORCHESTER SCHOOL DISTRICT TWO TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
Senator BRANTON asked unanimous consent to make a motion to recall the Bill from the Dorchester County Delegation.
There was no objection.
The Bill was recalled from the Dorchester County Delegation.
Senator BRANTON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator BRANTON, the Bill was given a second reading, ordered placed on the third reading Calendar.
The following were introduced:
S. 541 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS, 1976, BY ADDING SECTION 38-53-175 SO AS TO PROVIDE THAT UNLESS ORDERED BY THE COURT, IT IS UNLAWFUL FOR A BAIL BONDSMAN TO EXECUTE A BAIL BOND AND REMOVE A DEFENDANT FROM CUSTODY WITHOUT CHARGING AND COLLECTING THE FULL REQUIRED PREMIUM ON THE BOND AS ORDERED BY THE COURT, AND TO PROVIDE THAT, WHEN IT IS DETERMINED THAT A DEFENDANT CANNOT BE RELEASED FROM JAIL, THEN THE BAIL BONDSMAN MUST RETURN THE PREMIUM WITHIN THREE BUSINESS DAYS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 542 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRORATED REFUNDS OF PERSONAL PROPERTY TAX ON A MOTOR VEHICLE TRANSFER ALLOWED WHEN THE VEHICLE IS TRANSFERRED OR THE VEHICLE IS REGISTERED OUT OF STATE, SO AS TO ALLOW A REFUND OF TAX WHEN THE SPECIFIC LICENSE PLATE THAT HAD BEEN ON THE VEHICLE IS NOT SURRENDERED TO THE COUNTY AUDITOR BUT SOME OTHER QUALIFYING LICENSE PLATE IS SURRENDERED AND TO PRESCRIBE THE CONDITIONS UNDER WHICH SUCH A REFUND IS ALLOWED.
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Read the first time and referred to the Committee on Finance.
S. 543 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES; AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES.
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Read the first time and referred to the Committee on Finance.
S. 544 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-6-3410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
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Read the first time and referred to the Committee on Finance.
S. 545 (Word version) -- Senators Short, Hutto and Glover: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 46 SO AS TO ENACT THE "SOUTH CAROLINA FAIR CREDIT REPORTING ACT", TO PROVIDE THAT UNFAIR METHODS OF REPORTING CREDIT HISTORY AND UNFAIR OR DECEPTIVE ACTS IN THE CONDUCT OF
Read the first time and referred to the Committee on Judiciary.
S. 546 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AUCTIONEERS' COMMISSION, RELATING TO EXAMINATION, LICENSES, APPRENTICESHIPS, ADVERTISING, PROFESSIONAL STANDARDS, DECLARATORY RULINGS, CHANGES OF ADDRESS, AND PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2574, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 547 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO GENERAL PROVISIONS, REQUIREMENTS FOR LICENSURE, AND CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2595, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 548 (Word version) -- Senators Wilson, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO CONGRATULATE THE CLERK OF THE SENATE, JEFFREY S. GOSSETT, AND HIS WIFE, PAIGE JONES GOSSETT, ON THE BIRTH OF THEIR DAUGHTER, AINSLEY COOPER GOSSETT, ON APRIL 4, 2001.
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Whereas, the Clerk of the Senate, Jeffrey S. Gossett, and his wife, Paige Jones Gossett, were blessed this day, April 4, 2001, with the birth of their daughter Ainsley Cooper Gossett; and
Whereas, Ainsley Cooper entered the world at 7:58 A.M., weighing 6 pounds and 2 ounces, and being 181/4 inches in length; and
Whereas, Ainsley Cooper was welcomed by all members of the Gossett family including her older brother Jackson; and
Whereas, Ainsley Cooper is the latest demonstration to the Gossetts' continuing commitment to their family. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate extend their congratulations to the entire Gossett family and welcome Ainsley Cooper Gossett as the newest citizen of the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Jeffrey S. Gossett and Paige Jones Gossett.
The Senate Resolution was adopted.
S. 549 (Word version) -- Senators Wilson, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION COMMENDING SENATE PRESIDENT PRO TEMPORE, GLENN MCCONNELL, FOR HIS DISTINGUISHED SERVICE AS
Whereas, the African American Monument Commission was established in 1996 and Senator Glenn McConnell was named chairman of the commission; and
Whereas, his hard work and clear vision kept the work of the commission focused and on course, even as the General Assembly wrestled with issues that had the potential to divide South Carolinians along racial lines; and
Whereas, his able leadership, the hard work of his fellow commissioners, and the gifts of generous donors bore fruit in the unveiling and dedication of the monument in a moving ceremony on Thursday, March 29, 2001; and
Whereas, the monument is a tangible expression of the distance the people of this State have traveled in reconciling themselves to the injustices of the past and a place at which all South Carolinians can dedicate themselves to a future free of those injustices; and
Whereas, it is appropriate for the members of the Senate to pause in their deliberations so they might honor and recognize one of their own for his central role in bringing the monument to fruition. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, commend Senate President Pro Tempore Glenn McConnell for his distinguished service as Chairman of the African American History Monument Commission.
Be it further resolved that a copy of this resolution be presented to Senator McConnell.
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Senator WILSON spoke on the Resolution.
Senator FORD spoke on the Resolution.
The Senate Resolution was adopted.
S. 550 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3087 (Word version) -- Rep. Barrett: 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 CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3278 (Word version) -- Reps. Gourdine, Law, Hinson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 17A IN BERKELEY COUNTY AS THE "SAMUEL D. COOPER MEMORIAL HIGHWAY" IN
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3820 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3858 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 30, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 3864 (Word version) -- Rep. J.E. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3874 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE JIMMY WHITE, HEAD BASEBALL COACH AT HARTSVILLE HIGH SCHOOL, AND ONE OF THIS STATE'S GREATEST HIGH SCHOOL BASEBALL COACHES, ON THE OCCASION OF HIS FIVE HUNDREDTH WIN.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Senator MESCHER from the Committee on Judiciary submitted a favorable report on:
S. 476 (Word version) -- Senators Peeler, Land, McConnell, Alexander, Bauer, Giese, Matthews, Patterson, Glover, Branton, Drummond, Elliott, Ford, Grooms, Hawkins, Holland, Hutto, Mescher, O'Dell, Pinckney, Rankin, Ravenel, Reese, Saleeby, Waldrep and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 481 (Word version) -- Senators Holland and McConnell: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1710, RELATING TO PENALTIES UPON CONVICTION FOR HARASSMENT WITHIN SEVEN YEARS OF A PRIOR CONVICTION OF HARASSMENT OR STALKING, SO AS TO CLARIFY THE LANGUAGE OF THE SECTION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1730, RELATING TO PENALTIES UPON CONVICTION OF AGGRAVATED STALKING, SO AS TO INCREASE THE MAXIMUM PENALTY; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO AMEND SECTION 16-3-1770, RELATING TO FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND FURTHER TO REQUIRE THAT THE EVALUATION
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Transportation submitted a favorable report on:
S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED OR RENEWED EXAMPLES OF ALL TYPES OF SPECIAL LICENSE PLATES WHICH INDIVIDUALS OF A PARTICULAR GROUP MAY OBTAIN, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Transportation submitted a favorable report on:
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Transportation submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:
H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.
Ordered for consideration tomorrow.
S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX TUESDAY, AT 12:30 P.M. APRIL 17, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.
The House returned the Resolution with amendments.
On motion of Senator MARTIN, the Senate concurred in the House amendments and a message was sent to the House accordingly.
H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF
The House returned the Resolution with amendments.
On motion of Senator MARTIN, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 518 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 30, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004.
Returned with concurrence.
Received as information.
S. 539 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE JAMES M. BROWN ELEMENTARY SCHOOL OF WALHALLA UPON RECEIVING THE PRESTIGIOUS "CAROLINA FIRST PALMETTO'S FINEST AWARD".
Returned with concurrence.
Received as information.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 13 (Word version) -- Senators Passailaigue, Ford, Reese and Branton: A BILL TO AMEND SECTION 59-113-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AN INDEPENDENT INSTITUTION OF HIGHER LEARNING, SO AS TO REVISE THIS DEFINITION.
S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO INCREASE THE MINIMUM CONTRIBUTION FROM FOUR AND ONE QUARTER PERCENT OF COMPENSATION TO FIVE PERCENT OF COMPENSATION; TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS, SO AS TO EXTEND ELIGIBILITY IN THAT PROGRAM TO EMPLOYEES OF THE STATE, INCLUDING EMPLOYEES OF TWO- AND
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (484R001.GGR) proposed by Senator REESE and previously printed in the Journal of March 28, 2001.
Senator REESE asked unanimous consent to withdraw the previously proposed amendment.
There was no objection.
The amendment was withdrawn.
The Bill was given a third reading, ordered sent to the House.
S. 57 (Word version) -- Senators Elliott, Ford, McGill, Mescher, Glover and Branton: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN 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.
Senator ELLIOTT 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 adoption of the amendment (swb\5285DJC01) previously proposed by Senator ELLIOTT and printed in the Journal of March 28, 2001.
Senator ELLIOTT asked unanimous consent to withdraw the proposed amendment.
There was no objection.
The proposed amendment was withdrawn.
Senators ELLIOTT, WALDREP and GROOMS proposed the following amendment (BBM\10150HTC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"SECTION 1. The State of South Carolina by this act recognizes the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation as tribes of the State of South Carolina representing the Catawba Indian People, the Chicora-Waccamaw Indian People, the Pee Dee Indian People, the Piedmont Lower Cherokee Indian People, the Santee Indian People, the Beaver Creek Pee Dee Indian People, and the Chalokowas Chickasaw Indian People, respectively. Except as provided in this act, the organization and governing of these Indian tribes shall be as provided by tribal law or agreement.
The Indian tribes recognized by this act, their members, lands, natural resources, or other property owned by the tribes or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the State, its agencies, and political subdivisions and the civil and criminal jurisdiction of the courts of the State to the same extent as any other person, citizen, or land in the State.
Notwithstanding their recognition as Indian tribes of South Carolina or any other provision of law, the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation do not have the power or authority to take any action which would establish, advance, or promote any form of gambling in this State.
Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim to any interest in land or real estate in this State for the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senators COURSON, RYBERG and HAWKINS desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY
Senator LEATHERMAN asked unanimous consent to make a motion 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 third reading of the Bill.
Senator WALDREP proposed the following Amendment No. 1 (297R004.RLW), which was adopted:
Amend the bill, as and if amended, page 3, by striking Section 48-59-30 and inserting the following:
/ "Section 48-59-30. As used in this chapter:
(1) 'Bank' means the South Carolina Conservation Bank.
(2) 'Board' means the governing board of the bank.
(3) 'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.
(4) 'Eligible trust fund recipient' means:
(a) the following state agencies, which own and manage land for the land's natural resource, historical, and outdoor recreation values:
(i) South Carolina Department of Natural Resources,
(ii) South Carolina Forestry Commission, and
(iii) South Carolina Department of Parks, Recreation and Tourism.
(b) a county or municipality of this State and any agency, commission, or instrumentality of such a county or municipality; or
(c) a not-for-profit charitable corporation or trust authorized to do business in this State and organized and operated for natural resource conservation, land conservation, or historic preservation purposes, and having tax-exempt status as a public charity under the Internal Revenue Code of 1986, and having the power to acquire, hold, and maintain interests in land for these purposes.
(5) 'Farmland' means land used for the production of food, fiber, and other agricultural products.
(6) 'Interests in lands' means fee titles to lands or conservation easements.
(7) 'Land' means real property, including highlands and wetlands of any description.
(8) 'Trust fund' means the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60." /
Amend the bill further, as and if amended, page 4, by striking lines 25 through 27 and inserting the following:
/ (b) one must be an owner of rural real property actively engaged in the management and operation of farmlands and wildlife habitat; /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 2 (GJK\ 20429HTC01), which was withdrawn:
Amend the bill, as and if amended, page 15, by inserting a new paragraph at the end of SECTION 3 to read:
/ Notwithstanding the provisions of Section 48-59-60 of the 1976 Code, revenues of the deed recording fee credited to the South Carolina Conservation Bank Trust Fund are considered state general fund revenues for the purposes of calculating the amounts required to be credited to the General Reserve Fund and Capital Reserve Fund pursuant to Article III, Section 36 of the Constitution of this State and
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 2 was withdrawn.
Senator LEATHERMAN proposed the following amendment (297R007.HKL), which was adopted:
Amend the bill, as and if amended, page 15, by striking SECTION 3 on lines 26 through 33.
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
Senator J. VERNE SMITH spoke on the amendment.
The amendment was adopted.
Senator WALDREP spoke on the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator HAYES spoke on the Bill.
On motion of Senator HAYES, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 538 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.
Senator HUTTO moved to reconsider the motion whereby S. 538 was ordered to receive a third reading on Thursday, April 5, 2001.
There was no objection.
The motion ordering the Bill to a third reading was reconsidered.
S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Senator HAWKINS explained the Bill.
H. 3506 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3616 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3617 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (NBD\11450AC01), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION __. Section 40-79-20(14) of the 1976 Code, as amended by Act 367 is amended to read:
"(14) 'Registered' means an owner, partner, principle officer, qualifying party, or registered employee of a burglar an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any
SECTION ___. Section 40-79-20 of the 1976 Code is amended by adding at the end:
"(16) 'Administrative personnel' means an individual that performs daily office functions for the management of an alarm business.
(17) 'Monitoring personnel' means an individual that performs daily office functions observing the operation and activation of alarm systems from a monitoring station.
(18) 'Customer service personnel' means an individual working for a licensed alarm entity that provides support for customer problems, complaints, questions, and concerns involving an alarm system.
(19) 'Alarm technician' means an individual that specializes in any activity or work related to the set-up or installation, repair, alteration, or connection of an alarm system to a client's property."/
Amend the bill, further, Section 40-79-50(2), page 2, line 9 after /one/ by inserting /primary/.
Amend the bill, further, Section 40-79-220(A)(4) page 3, line 19 by deleting /listed or registered, or both,/ and inserting listed or registered, or both,/.
Amend the bill, further, Section 40-79-220(A)(4), page 3, line 22 by deleting /fifteen/ and inserting /thirty/.
Amend the bill, further, by deleting Section 40-79-220(C) beginning on page 4, line 17 and inserting:
/ (C) The following registered employee requirements apply:
(1) All employees of a licensed alarm business that meet the definition of registered, as provided in Section 40-79-20, must be registered with on a form provided by the department. The licensee must conduct a criminal background check of any applicant for employment and submit the report the results to the department in conjunction with the registration process. The department must be notified by the licensee of each employee requiring registration by the licensee required to be licensed within fifteen thirty days of employment along with the results of the criminal background check of the new employee. An employee must not have access to the burglar alarm client's records until the license applicant or licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that
(2) The department must be notified in writing by the licensee and registered employee of termination of employment for any registered employee within fifteen thirty days after termination. If the licensee or registered employee, or either, fails to notify the department within the fifteen thirty days, disciplinary action may be taken in accordance with this chapter the department shall immediately cancel the registration of the employee. Failure of the licensee and registered employee to notify the department of the termination of the employee within thirty days may result in disciplinary action for violation of this chapter.
(3) A licensee may employ an individual who is properly registered, certified, or licensed as an alarm system business employee from another state for a period not to exceed fifteen days in any given month. The licensee, prior to employing the person, must submit to the department the name, address, date of birth, and social security number of the person and the name of the state of current registration or licensing. Department approval of the employment of the person in this State must be obtained prior to the person being employed , without registering under this section, administrative, monitoring, or customer service personnel working temporarily within this State for a period not to exceed thirty consecutive days. These employees must not have access to the alarm business system's client's records until the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary administrative, monitoring, or customer service employee meets the registration requirements set forth in this chapter. These employees do not have to be registered with the department. Any administrative or customer service personnel working over thirty consecutive days must be registered in accordance with this chapter.
(4) A licensee may temporarily employ in this State an individual registered in another state as an alarm business employee, without registering under this section, an alarm technician who is registered in another state for a period not to exceed thirty ninety days in any given calendar year provided if the licensee submits to the department within five days from the date of employment, a report that provides the
(5) Monitoring personnel for a licensed entity located within this State that are solely engaged in burglar alarm monitoring do not have to be registered with the department, if the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the employee meets the registration requirements set forth in this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MARTIN moved that the Senate dispense with the Motion Period.
Senator LEVENTIS moved to recommit S. 476 to the Committee on Judiciary in order to hold public hearings on the matter.
Senator MARTIN objected and insisted on the motion to dispense with the Motion Period.
The Senate agreed to dispense with the Motion Period.
On motion of Senator FAIR, with unanimous consent, Senators VERDIN, HUTTO and FAIR were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be notified of any roll call votes.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS
Senator MOORE was recognized.
Senator MOORE raised a Point of Order under the provisions of Rule 37 that the Report of the Senate Finance Committee was out of order inasmuch as it had not been on the Desk for one legislative day.
Senator MOORE spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
On motion of Senator MOORE, with unanimous consent, the Point of Order was withdrawn.
Senator BRANTON rose for an Expression of Personal Interest.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator MOORE raised a Point of Order under the provisions of Rule 37 that the Report of the Senate Finance Committee was out of order inasmuch as it had not been on the Desk for one legislative day.
Senator MARTIN spoke on the Point of Order.
Senator MOORE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
At 3:33 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed three minutes.
At 3:40 P.M., the Senate resumed.
Senators LEATHERMAN, McCONNELL, FAIR, MESCHER, WILSON, GIESE, PEELER, J. VERNE SMITH, THOMAS, HAYES, MARTIN, RAVENEL, WALDREP, GROOMS, HAWKINS, VERDIN, RICHARDSON, ALEXANDER, BRANTON, RITCHIE, RYBERG, BAUER and GREGORY proposed the following amendment (496LEATHERMAN45M), which was subsequently replaced by Amendment No. 1A:
Amend the bill, as and if amended, Section 33-57-460(A), SECTION 2, page 41, by striking beginning on line 5 / of law, a / and inserting / of this law, for fiscal year 2001-02 and fiscal year 2002-03, until net proceeds exceed forty-five million dollars, no distribution may be made from the Education Lottery Account. A/.
When amended Section 33-57-460(A) reads:
/ (A) Notwithstanding other provisions of this law, for fiscal year 2001-02 and fiscal year 2002-03, until net proceeds exceed forty-five million dollars, no distribution may be made from the Education Lottery Account. A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate at a two-year public institution. Each technical college or two-year institution must receive quarterly allocations from the Education Lottery Account in an amount specified by the South Carolina Budget and Control Board. In order to qualify, a student must:
(1) be a South Carolina resident for a minimum of one year;
(2) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;
(3) make reasonable progress towards completion of the requirements for the certificate, degree, or diploma program; and
(4) complete a Free Application for Federal Student Aid (FAFSA) application.
The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS spoke on the amendment.
Senator SETZLER argued contra to the adoption of the amendment.
At 4:20 P.M., with Senator SETZLER retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 5:05 P.M., the Senate resumed.
Senator SETZLER continued speaking on the amendment.
Senator MOORE spoke on the amendment.
Senator MOORE moved to carry over the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins
Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to carry over the amendment.
The question then was the adoption of Amendment No. 1.
Senator PASSAILAIGUE spoke on the amendment.
At 6:35 P.M., Senator McCONNELL assumed the Chair.
Senator PASSAILAIGUE continued speaking on the amendment.
At 7:07 P.M., with Senator PASSAILAIGUE retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 8:45 P.M., the Senate resumed.
At 8:45 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE continued speaking on the amendment.
Senator MARTIN asked unanimous consent to make a motion to substitute Amendment No. 1A, and, further, to then take up Amendment No. 1A for immediate consideration and adopt it, and, further, with all members reserving their rights, give the Bill a second reading with notice of general amendments on third reading, carrying over all amendments to third reading; and, further, to place the Bill in the status of Interrupted Debate, not to be taken up for consideration until Tuesday, April 10, 2001.
There was no objection.
The Senate proceeded to a consideration of Amendment No. 1A.
Senators LEATHERMAN, McCONNELL, FAIR, MESCHER, WILSON, GIESE, PEELER, J. VERNE SMITH, THOMAS, HAYES, MARTIN, RAVENEL, WALDREP, GROOMS, HAWKINS, VERDIN, RICHARDSON, ALEXANDER, BRANTON, RITCHIE, RYBERG, BAUER, AND GREGORY proposed the following Amendment No. 1A (496R002.HKL), which was adopted:
Amend the bill, as and if amended, Section 33-57-470(A), SECTION 2, page 41, by striking beginning on line 5 / of law, a / and inserting / of this law, for fiscal year 2001-02 and fiscal year 2002-03, until net proceeds exceed thirty-five million dollars, no distribution may be made from the Education Lottery Account. A/.
When amended, Section 33-57-470(A) reads:
/ (A) Notwithstanding other provisions of this law, for fiscal year 2001-02 and fiscal year 2002-03, until net proceeds exceed thirty-five million dollars, no distribution may be made from the Education Lottery Account. A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate at a two-year public institution. Each technical college or two-year institution must receive quarterly allocations from the Education Lottery Account in an amount specified by the South Carolina Budget and Control Board. In order to qualify, a student must:
(1) be a South Carolina resident for a minimum of one year;
(2) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;
(3) make reasonable progress towards completion of the requirements for the certificate, degree, or diploma program; and
(4) complete a Free Application for Federal Student Aid (FAFSA) application.
The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
On motion of Senator MARTIN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, and further, the Bill was placed in the status of Interrupted Debate, not to be taken up for consideration until Tuesday, April 10, 2001.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Whitemarsh S. Smith, Jr. of Charleston, S.C.
At 9:02 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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