South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Thursday, April 26, 2001

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear a few words from St. Paul's First Letter to the Corinthians, Chapter 2:10:

The paraphrase, "I plead with you to be of one mind, united in thought and purpose..."
Let us pray.

Our Father, we pray for the blessing of Your gracious support upon Your servant, our friend and colleague, Senator TOM MOORE and his family in the passing of his brother, Jerry Moore.

And we remember with gratitude the friendship and comradeship of our life together in the Senate of Your servant, Senator HORACE SMITH, and beseech the gifts of The Spirit upon his family in his passing.

Our Father, we stand this morning about seven weeks away from the end of this session.

We still are baffled by cloudy issues and bewildered by pressing decisions.

Help us to clarify our thinking and discover our common purpose.

In the language of the New Testament there are stones to be "rolled away." We need "angels."
Amen.

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2620
Agency: Department of Insurance
Subject: Percentage Named Storm or Wind/Hail Deductible
Received by Lieutenant Governor April 26, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration August 24, 2001
(Subject to Sine Die Revision)

Leave of Absence

On motion of Senator PASSAILAIGUE, at 12:40 P.M., Senator SALEEBY was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator JACKSON, at 1:05 P.M., Senator PINCKNEY was granted a leave of absence for today.

Expression of Personal Interest

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator BRANTON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator WALDREP rose for an Expression of Personal Interest.

Committee to Escort

The PRESIDENT appointed Senators McCONNELL, WILSON, ELLIOTT, GLOVER, HUTTO and SALEEBY to escort the winners of the 2001 Jean Laney Harris Folk Heritage Awards, members of the advisory committee and members of their party to the House Chamber for the Joint Assembly.

RECESS

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

JOINT ASSEMBLY
Jean Laney Harris Folk Heritage Awards

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

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

H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT appointed Senators McCONNELL, WILSON, ELLIOTT, GLOVER, HUTTO and SALEEBY to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives Bowers, Lucas, Breeland, G. Brown, and Rodgers to the Escort Committee on behalf of the House of Representatives.

The Escort Committees of the Senate and House accompanied the winners of the 2001 Jean Laney Harris Folk Heritage Award and the members of the 2001 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

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

The winners entertained the members of the Joint Assembly -- Mr. Bill Pinckney, a beach and gospel musician from Sumter; the Sonoco Men's Club, a traditional gospel group from Hartsville; Mr. Alvin J. Wall, a bluegrass musician from Charleston; Mr. Willie Lee Williams, a master hash-maker from Varnville; and Ms. Marquetta L. Goodwine, founder and director of the Gullah/Geechee Sea Island Coalition and the traveling performance troup Gullah Cunneckshun. The members of the Joint Assembly were entertained with songs from the respective musical talents and an anecdotal Gullah performance by Ms. Goodwine.

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

At 12:40 P.M., the Senate resumed.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 632 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA TUITION SAVINGS PROGRAM ACT"; TO PROVIDE FOR A TUITION SAVINGS PROGRAM IN COMPLIANCE WITH SECTION 529 OF THE INTERNAL REVENUE CODE; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE FOR A DIRECTOR OF THE PROGRAM AND THE ESTABLISHMENT OF REGULATIONS TO ESTABLISH AND MAINTAIN THE PROGRAM; TO PROVIDE FOR COOPERATION AND ASSISTANCE TO THE PROGRAM BY ALL STATE AGENCIES; TO PROVIDE FOR AN ANNUAL FINANCIAL REPORT OF THE PROGRAM; TO PROVIDE CERTAIN STATE TAX PROVISIONS; AND TO PROVIDE THAT MONIES INVESTED IN A PLAN SHALL NOT BE CONSIDERED AN ASSET FOR DETERMINATION OF FINANCIAL AID.
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Senator RANKIN spoke on the Bill.

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

S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
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Read the first time and referred to the Committee on Transportation.

S. 635 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO THE ELIGIBILITY FOR AND AMOUNTS OF A LIFE SCHOLARSHIP, SO AS TO PROVIDE FOR SCHOOL YEAR 2001-2002 ONLY, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS OF HIGHER LEARNING WHO RECEIVED A LIFE SCHOLARSHIP FOR THE YEAR 2000-2001 SHALL RECEIVE THE SAME AMOUNT OF SCHOLARSHIP DOLLARS FOR 2001-2002 AS THEY DID FOR 2000-2001 IF THEY OTHERWISE QUALIFY.
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Read the first time and referred to the Committee on Education.

S. 636 (Word version) -- Senator Reese: A JOINT RESOLUTION TO PROVIDE FOR A NONRETROACTIVE INCREASE IN THE STATE RETIREMENT BENEFITS OF RETIREES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETIRED BEFORE JULY 1, 1990, HAVING ELECTED OPTION 4 OR 3 RESPECTIVELY, IF A REVISED METHOD OF THE CALCULATION OF THEIR BENEFITS RESULTS IN AN AMOUNT HIGHER THAN THE AMOUNT THEY RECEIVE OR ARE SCHEDULED TO RECEIVE.
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Read the first time and referred to the Committee on Finance.

S. 637 (Word version) -- Senators Wilson and J. Verne Smith: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "C" CONSTRUCTION FUNDS, SO AS TO REVISE THE FORMULA FOR DETERMINING THE APPORTIONMENT OF FUNDS TO COUNTIES BY ELIMINATING CONSIDERATION OF THE LAND AREA OF A COUNTY, AND TO DELETE AN OBSOLETE PROVISION.
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Read the first time and referred to the Committee on Finance.

S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.
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Read the first time and referred to the Committee on Judiciary.

S. 639 (Word version) -- Senators Wilson and Fair: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO PUBLIC LIBRARIES AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.
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Read the first time and referred to the Committee on Judiciary.

S. 640 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TRADE PRACTICES ACT, BY ADDING SECTION 39-5-38 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A CABLE TELEVISION SYSTEM TO LIMIT THE SERVICE IT OFFERS CUSTOMERS TO PACKAGE PLAN PROGRAMMING CHOICES AND TO REQUIRE ALL CABLE TELEVISION SYSTEMS OPERATING IN THIS STATE TO OFFER ITS CUSTOMERS SERVICE THAT CONSISTS OF THE CHOICE OF RECEIVING TELEVISION CHANNELS ON AN A LA CARTE OR INDIVIDUAL CHANNEL BASIS OR BY CHANNEL PACKAGE PROGRAM PLANS.
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Read the first time and referred to the Committee on Judiciary.

S. 641 (Word version) -- Senators Thomas and Martin: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO ADD SECTION 38-77-915 TO PROVIDE THAT AN INSURER MAY NOT CANCEL OR REFUSE TO RENEW A POLICY, INCLUDE IN THE PREMIUM A CHARGE OR SURCHARGE, ASSIGN POINTS FOR, OR DENY A DISCOUNT TO AN INSURED FOR THE INSURED'S INVOLVEMENT IN AN ACCIDENT OCCURRING AS THE RESULT OF THE OPERATION OF AN AUTOMOBILE IN RESPONSE TO AN EMERGENCY IF, AT THE TIME OF THE ACCIDENT, THE OPERATOR INSURED WAS RESPONDING TO A CALL OF DUTY AS A PAID OR VOLUNTEER MEMBER OF A POLICE OR FIRE DEPARTMENT, FIRST AID SQUAD, OR LAW ENFORCEMENT AGENCY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT AN INSURER MAY NOT INCLUDE A CHARGE OR SURCHARGE IN THE PREMIUM PAID BY AN INSURED OR DENY A DISCOUNT TO AN INSURED BECAUSE THE INSURED RESPONDS TO EMERGENCIES AS A PAID OR VOLUNTEER MEMBER OF A POLICE OR FIRE DEPARTMENT, FIRST AID SQUAD, OR LAW ENFORCEMENT AGENCY.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 642 (Word version) -- Senators Thomas and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 56 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT" AND PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO PROVIDE A SYSTEM OF TRANSMITTING DATA FROM INSURANCE COMPANIES, TO PROVIDE THE DIVISION OF MOTOR VEHICLES MUST CONTRACT WITH A DESIGNATED AGENT TO COMPILE THE NECESSARY INFORMATION FOR THE DATABASE FROM INSURERS' INFORMATION; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF DATA BY THE DEPARTMENT OF PUBLIC SAFETY BY THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-225, RELATING TO KEEPING PROOF OF INSURANCE IN THE MOTOR VEHICLE, SO AS TO PROVIDE TIME FRAMES FOR PRODUCING THE PROOF OF INSURANCE; TO AMEND SECTION 56-10-520, RELATING TO THE OPERATION OF A MOTOR VEHICLE WITHOUT FIRST PAYING THE UNINSURED MOTOR VEHICLE FEE, SO AS TO PROVIDE PENALTIES FOR THE MISDEMEANOR OFFENSE AND TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO SUSPEND A DRIVER'S LICENSE AND REGISTRATION CERTIFICATE UPON RECEIVING NOTICE OF VIOLATIONS OF ANY UNINSURED MOTORIST STATUTES, INSTEAD OF RECEIVING RECORDS OF A PERSON'S CONVICTION; TO REPEAL SECTION 56-10-270, RELATING TO THE OPERATION OF UNINSURED VEHICLES AND PENALTIES; TO AMEND SECTION 56-3-210, AS AMENDED, RELATING TO TEMPORARY LICENSE PLATES, SO AS TO MAKE THE REQUIREMENTS FOR INFORMATION ON THE TEMPORARY PLATE AND THE REQUIREMENTS FOR TRANSFER OF A LICENSE PLATE MORE DETAILED; TO REPEAL SECTION 56-3-220, RELATING TO DEALERS "SOLD" CARDS FOR VEHICLES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO INSURERS NOTIFYING THE DEPARTMENT OF A LAPSE OR TERMINATION OF INSURANCE, SO AS TO REQUIRE THE INSURER TO GIVE THE DEPARTMENT NOTICE OF FIRST TIME POLICIES AND RENEWALS; AND TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS ON THE VEHICLE OWNER WHEN THE VEHICLE BECOMES UNINSURED, SO AS TO REQUIRE THE INSURER TO GIVE MORE DETAILED INFORMATION ON POLICIES TO THE DEPARTMENT.
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Read the first time and referred to the Committee on Transportation.

S. 643 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION DECLARING APRIL 27, 2001, AS "AUTISM AWARENESS DAY".
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 644 (Word version) -- Senator Ritchie: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE COWPENS LIONS CLUB ORGANIZED IN 1951 UPON THE CELEBRATION OF THEIR FIFTIETH ANNIVERSARY ON JUNE 18, 2001, AND TO EXTEND TO THEM MANY MORE YEARS OF FAITHFUL SERVICE TO THE COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 645 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE JACKIE MOORE MCNEILL OF WEST COLUMBIA, LEXINGTON COUNTY, ON BEING CHOSEN THE "2001 MS. SENIOR SWEETHEART OF AMERICA" IN A NATIONAL COMPETITION HELD IN FALL RIVER, MASSACHUSETTS, IN NOVEMBER 2000.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 646 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT A CANDIDATE MAY NOT BE NOMINATED BY MORE THAN ONE PARTY AND PROHIBIT A CANDIDATE NOMINATED BY A PARTY FROM BEING A PETITION CANDIDATE AND REQUIRE THE AUTHORITY CHARGED BY LAW WITH PRINTING THE BALLOT TO PRINT THE NAME OF A CANDIDATE WITH THE ONE POLITICAL PARTY WHICH NOMINATES HIM AND PROHIBIT PRINTING THE CANDIDATE'S NAME AS NOMINATED BY MORE THAN ONE PARTY OR METHOD.
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Read the first time and referred to the Committee on Judiciary.

S. 647 (Word version) -- Senators Ford, Gregory and Hayes: A BILL TO CREATE A JOINT INTERSTATE COMMISSION BETWEEN NORTH CAROLINA AND SOUTH CAROLINA TO STUDY AND MAKE FOR INTEGRATED MANAGEMENT OF THE CATAWBA-WATEREE RIVER BASIN, TO INVITE THE STATE OF NORTH CAROLINA TO JOIN THE COMMISSION, AND TO APPROPRIATE FUNDS FOR THE COMMISSION'S WORK.
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Read the first time and, on motion of Senator FORD, with unanimous consent, ordered placed on the Calendar without reference.

S. 648 (Word version) -- Senators Reese, Hutto, Land, Leventis, Setzler, McGill, Glover, Anderson and Passailaigue: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO A SAVINGS TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
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Read the first time and referred to the Committee on Education.

S. 649 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 16-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO ADD DEFINITIONS OF "BREED" AND "TRAIN"; AND TO AMEND SECTION 16-27-30, RELATING TO OWNING AN ANIMAL FOR FIGHTING OR BAITING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BREED OR TRAIN AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING.
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Read the first time and referred to the Committee on Judiciary.

S. 650 (Word version) -- Senators Hawkins and Leventis: A BILL TO AMEND SECTION 16-17-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO PROVIDE DEFINITIONS RELATING TO COCKFIGHTING, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEND, WITNESS AS A SPECTATOR, OR BE PRESENT AT COCKFIGHTING IN THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO BREED, TRAIN, POSSESS, OR OWN A COCK, GAMECOCK, ROOSTER, OR GAME FOWL FOR THE PURPOSE OF FIGHTING, COCKFIGHTING, OR BAITING, OR TO FINANCE, INVEST IN, ADVERTISE, ARRANGE, OR ENGAGE IN COCKFIGHTING OR BAITING, OR TO ACQUIRE OR MAKE FACILITIES AVAILABLE FOR COCKFIGHTING, TO PROVIDE WHEN IT MAY BE INFERRED THAT A PERSON BRED, TRAINED, OWNED, OR POSSESSED A COCK, GAMECOCK, ROOSTER, OR GAME FOWL FOR PURPOSES OF FIGHTING, COCKFIGHTING, OR BAITING, TO PROVIDE FOR SEIZURE OF ANY COCK, GAMECOCK, ROOSTER, OR GAME FOWL USED IN COCKFIGHTING AND FOR THEIR HUMANE DISPOSITION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

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

H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.

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

H. 3502 (Word version) -- Reps. McGee, Askins, Coates, J. Hines and M. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 2001" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.

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

H. 3560 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.

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

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.

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

H. 3718 (Word version) -- Reps. Kelley, Allison, Barfield, Barrett, Edge, Frye, Keegan, Kirsh, Knotts, Koon, Leach, Loftis, Riser, Robinson, Sandifer, Snow, Trotter, Vaughn, Walker, Webb, Whatley, White, A. Young, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT PARTICIPANTS IN THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM.

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

H. 3721 (Word version) -- Reps. Cato, J.E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: 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 TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, 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.

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

H. 3966 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF HUMAN RESOURCES, RELATING TO STATE HUMAN RESOURCES REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2609, 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 Finance.

REPORT OF STANDING COMMITTEE

Senator WILSON from the Committee on Transportation submitted a favorable with amendment report on:

S. 536 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-5-4030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE WIDTH OF A VEHICLE, SO AS TO PROVIDE THAT APPURTENANCES ON CERTAIN VEHICLES MAY EXCEED THE MAXIMUM WIDTH REQUIREMENT AS LONG AS THEY REMAIN INSIDE THE EXTERIOR REAR VIEW MIRRORS OF THE VEHICLE, OR ITS TOW VEHICLE; AND TO AMEND SECTION 56-5-4070, RELATING TO LIMITATIONS PLACED ON THE LENGTH OF COMBINATION VEHICLES, SO AS TO INCREASE THE MAXIMUM LENGTH OF CERTAIN VEHICLES THAT TRAVEL ALONG THE STATE'S HIGHWAYS FROM FORTY FEET TO FORTY-FIVE FEET.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3763 (Word version) -- Rep. W.D. Smith: A BILL TO AUTHORIZE THE WHITNEY RESCUE SQUAD IN SPARTANBURG COUNTY TO TRANSFER AND THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY TO ACCEPT ALL OF THE DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE SQUAD ON SUCH TERMS THE GOVERNING BODIES CONSIDER APPROPRIATE.

By prior motion of Senator RITCHIE

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 229 (Word version) -- Senators Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE, BY ADDING AND AMENDING NUMEROUS PROVISIONS IN THIS CHAPTER RELATING TO, AMONG OTHER MATTERS, THE FILLING OF A VACANCY IN THE OFFICE OF ADJUTANT GENERAL, ELIGIBILITY REQUIREMENTS FOR COMMISSIONED AND WARRANT OFFICERS, AND THE FILLING OF A VACANCY IN THE GRADE OF MAJOR GENERAL; PROVISIONS RELATING TO THE SENIOR JUDGE ADVOCATE GENERAL OF THE NATIONAL GUARD AND MATTERS RELATING TO A COURTS-MARTIAL; PROVISIONS RELATING TO INSUBORDINATE CONDUCT; PROVISIONS RELATING TO NATIONAL GUARD PENSION FUND; ANDTO REPEAL CERTAIN SECTIONS OF CHAPTER 1, TITLE 25. (ABBREVIATED TITLE)

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

Senator BRANTON proposed the following amendment (229R001.WSB), which was adopted:

Amend the bill, as and if amended, page 11, by striking line 9 and inserting:

/     rank of lieutenant colonel, meets the eligibility requirements for a     /

Amend the bill further, as and if amended, page 11, by striking line 39 and inserting:

/   maintain records reflecting a relative rank list of all active and inactive officers in the     /

Amend the bill further, as and if amended, page 13, by striking lines 11-12 and inserting:

/     (4)   sentence of a military court."     /

Renumber sections to conform.

Amend title to conform.

Senator BRANTON explained the amendment.

The amendment was adopted.

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

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 629 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-5-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER RECREATIONAL FISHERIES STAMPS AND CHARTER FISHING LICENSES, SO AS TO PROVIDE FOR A TEMPORARY SALTWATER RECREATIONAL FISHING LICENSE; TO AMEND SECTION 50-5-1920, AS AMENDED, RELATING TO STAMPS AND LICENSES, SO AS TO PROVIDE FOR ANNUAL RESIDENTIAL AND NONRESIDENTIAL SALTWATER RECREATIONAL FISHING LICENSES, FOR TEMPORARY SALTWATER RECREATIONAL FISHING LICENSES IN LIEU OF ANNUAL LICENSES, FOR PIER LICENSES AND FOR CHARTER FISHING VESSEL LICENSES; TO AMEND SECTION 50-5-1930, AS AMENDED, RELATING TO RECOGNITION OF STAMPS ISSUED BY ANOTHER STATE, SO AS TO DELETE OBSOLETE LANGUAGE AND PROVIDE FOR RECOGNITION OF SALTWATER RECREATIONAL FISHING LICENSES ISSUED BY CERTAIN COASTAL STATES; TO AMEND SECTION 50-5-1935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO PROVIDE THAT THE STAMP DOES NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 50-5-1940, RELATING TO STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CREATE AND DESIGN THE STAMP AND LICENSE AND DEVELOP SALTWATER RECREATIONAL FISHERIES PRINTS AND RELATED ARTICLES; TO AMEND SECTION 50-5-1950, AS AMENDED, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE APPOINTMENT OF ADDITIONAL MEMBERS TO THE COMMITTEE FROM DORCHESTER AND BERKELEY COUNTIES.

Senator GREGORY explained the Bill.

SECOND READING BILLS

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

S. 124 (Word version) -- Senator Holland: 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. 124--Ordered to a Third Reading

On motion of Senator McCONNELL, S. 124 was ordered to receive a third reading on Friday, April 27, 2001.

S. 277 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF RECORDS, SO AS TO MAKE AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL CONFIDENTIAL AND TO PROVIDE THAT THESE PAPERS AND ALL RECORDS OF THE COUNCIL WITH THE EXCEPTION OF FINAL AUDIT REPORTS ARE NOT SUBJECT TO PUBLIC DISCLOSURE.

S. 277--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, S. 277 was ordered to receive a third reading on Friday, April 27, 2001.

S. 339 (Word version) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: A BILL TO AMEND SECTION 44-23-1150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF A STATE OR LOCAL GOVERNMENT EMPLOYEE HAVING SEXUAL INTERCOURSE WITH A PATIENT OR TRAINEE OF A MENTAL HEALTH FACILITY OR AN INMATE OF A CORRECTIONAL FACILITY SO AS TO BROADEN THE SCOPE OF THE STATUTE TO COVER SUPERVISORY SITUATIONS OUTSIDE OF AN INSTITUTION, TO PROVIDE DEFINITIONS, TO PROVIDE AN OFFENSE OF SEXUAL MISCONDUCT THAT DOES NOT INCLUDE INTERCOURSE, AND TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT.

S. 339--Ordered to a Third Reading

On motion of Senator RYBERG, with unanimous consent, S. 339 was ordered to receive a third reading on Friday, April 27, 2001.

S. 357 (Word version) -- Senators Gregory and Short: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO INCREASE ITS MEMBERSHIP FROM SEVENTEEN TO EIGHTEEN BY ADDING A MEMBER WHO MUST BE A SUPERINTENDENT OF A PUBLIC SCHOOL DISTRICT TO BE APPOINTED BY THE GOVERNOR.

S. 357--Ordered to a Third Reading

On motion of Senator GREGORY, S. 357 was ordered to receive a third reading on Friday, April 27, 2001.

S. 361 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 59-18-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS.

Senator MATTHEWS explained the Bill.

S. 361--Ordered to a Third Reading

On motion of Senator GIESE, S. 361 was ordered to receive a third reading on Friday, April 27, 2001.

S. 372 (Word version) -- Senators Waldrep and Giese: A BILL TO AMEND SECTION 59-18-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.

S. 372--Ordered to a Third Reading

On motion of Senator WALDREP, S. 372 was ordered to receive a third reading on Friday, April 27, 2001.

S. 488 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.

S. 488--Ordered to a Third Reading

On motion of Senator RYBERG, with unanimous consent, S. 488 was ordered to receive a third reading on Friday, April 27, 2001.

S. 489 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS OR OCCUPIED STRUCTURES, SO AS TO ADD A PROHIBITION AGAINST DISCHARGING FIREARMS AT OR INTO ANY VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT WHILE IT IS OCCUPIED.

S. 489--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 489 was ordered to receive a third reading on Friday, April 27, 2001.

S. 492 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO PROVIDE A SAMPLE FOR THE STATE DNA DATABASE, SO AS TO PROVIDE THAT PERSONS CONVICTED OF BURGLARY, SECOND DEGREE (SECTION 16-11-312(A)) MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.

Senator McCONNELL explained the Bill.

S. 492--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 492 was ordered to receive a third reading on Friday, April 27, 2001.

S. 492--Co-Sponsor Added

On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of S. 492.

S. 513 (Word version) -- Senators Richardson, Ford and Mescher: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO REQUIRE THAT POLITICAL PARTIES MUST COMPLY WITH THE CERTIFICATION PROVISIONS SET FORTH IN SECTIONS 7-13-40 AND 7-13-350.

Senator RICHARDSON explained the Bill.

S. 513--Ordered to a Third Reading

On motion of Senator RICHARDSON, with unanimous consent, S. 513 was ordered to receive a third reading on Friday, April 27, 2001.

S. 624 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO REDUCE FROM EIGHT HUNDRED EIGHTY DOLLARS TO EIGHT HUNDRED SEVENTEEN DOLLARS THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURED STANDARD LICENSE PLATE FOR VEHICLES IN ITS EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES, TO LIMIT THE REDUCED FEE TO APPLICATIONS FILED IN 2002, AND TO PROPORTIONATELY REDUCE THE ALLOCATIONS OF THIS FEE REVENUE.

Senator J. VERNE SMITH spoke on the Joint Resolution.

S. 624--Ordered to a Third Reading

On motion of Senator J. VERNE SMITH, S. 624 was ordered to receive a third reading on Friday, April 27, 2001.

MINORITY REPORT REMOVED
READ THE SECOND TIME

S. 148 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTION INTERFERES WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND CHURCH RELATED EVENTS.

Senator GLOVER asked unanimous consent to remove the minority report from the Bill and give the Bill a second reading.

There was no objection.

S. 148--Ordered to a Third Reading

On motion of Senator GLOVER, S. 148 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.

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 (JUD0049.002), which was adopted:

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

/   SECTION   1.   Title 44 of the 1976 Code is amended by adding:

  "Chapter 34

Tattooing

Section 44-34-10.   As used in this chapter:

(1)   'Department' means the Department of Health and Environmental Control.

(2)   'Tattoo facility' means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.

(3)   'Tattoo artist' means a person who practices body tattooing and who meets the requirements of this chapter.

Section 44-34-20.   (A)   The Department of Health and Environmental Control must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department must provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified in accordance with the Administrative Procedures Act as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.

(B)   Prior to applying to the department for a permit, a tattoo facility must ensure that all tattoo artists obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department; the tattoo facility must then apply for and obtain a permit issued by the department, which must issue these permits, renewable annually, upon presentation of: a certificate of each tattoo artist's initial and annual certification of successful completion of a course in blood borne pathogens and tattoo infection control; payment of an annual permitting fee of three hundred dollars per tattoo facility; and a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction.

Section 44-34-30.   A tattoo artist must comply with the following infection control measures or standards at all times:

(1)   The tattoo artist must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure.

(2)   When necessary for the tattoo artist to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.

(3)   It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.

(4)   The tattoo artist must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect.

(5)   The tattoo artist must always use on each recipient either:

(a)   single-use disposable needles and injection equipment which is designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client; or

(b)   reusable needles and injection equipment only if properly sterilized by autoclave or chemical germicide used in accordance with the manufacturer's directions.

(6)   All reusable instruments and other tattooing items other than inks must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.

(7)   Prior to any direct contact with the client, the tattoo artist in a sterile manner must place all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized.

(8)   The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction.

(9)   The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.

The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.

(10)   The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department.

(11)   Each tattoo facility must keep a written log for two years of autoclave use including, but not limited to, the date and time of use and results of sterilization spore test strip tests performed at least monthly.

(12)   The tattoo artist must allow and cooperate with on-site inspections as considered necessary by the department.

(13)   A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment, and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment.

Section 44-34-40.   (A)   A person wishing to operate a tattoo facility must register with the department prior to beginning practice. Upon completion of all the permitting requirements, the tattoo facility must receive a permit. A permitted facility must:

(1)   obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;

(2)   provide the department with its business address and the address at which the permittee performs any activity regulated by this chapter;

(3)   pay an annual permit fee of three hundred dollars to the department; and

(4)   post the tattoo facility permit in a conspicuous place on the premises of a licensed tattoo facility.

(B)   The department may charge an additional amount if necessary to cover the cost of inspection.

(C)   Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.

Section 44-34-50.   (A)   A tattoo artist must be at least twenty-one years old and must possess a current Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification. The Red Cross First Aid Certification must be renewed every three years, and the Adult CPR Certification must be renewed annually. A tattoo artist must conspicuously display:

(1)   the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and

(2)   the annual permit issued by the department.

(B)   A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.

(C)   A tattoo artist must obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department.

Section 44-34-60.   (A)   The department may conduct the following inspections of the locations at which permittees under this chapter perform regulated activities:

(1)   an initial inspection which must be successfully completed as a condition of permitting;

(2)   an inspection after any complaint is filed with the department; and

(3)   inspections which may be conducted by the department at any time without previous notification to the tattoo facility.

(B)   Each tattoo facility location must conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form utilized by a tattoo artist. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site.

(C)   A tattoo artist must verify by means of a picture identification that a recipient is at least twenty-one years of age. For purposes of this section, 'picture identification' means:

(a)   a valid South Carolina driver's license; or

(b)   an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

(D)   A person who has his or her body tattooed while under the age of twenty-one in violation of subsection (C) may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.

Section 44-34-70.   (A)   The department must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter.

(B)   This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.

Section 44-34-80.   The department may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a tattoo facility on probation upon proof that the operator of the facility under this chapter has:

(1)   failed to maintain a business address or telephone number at which the facility may be reached during business hours;

(2)   failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;

(3)   obtained a tattoo facility license through fraud or deceit; or

(4)   violated any applicable law or regulation.

Section 44-34-110.   This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.

Section 44-34-120.   (A)   It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years, unless the tattooing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.

(B)   This section does not apply to the tattooing of an emancipated minor.

(C)   The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.

(D)   Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.

(E)   Tattooing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.

(F)   A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.

(G)   All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter."

SECTION   2.   Section 16-17-700 of the 1976 Code is amended to read:

"Section 16-17-700.   It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of A patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate; and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

Recorded Vote

Senators LEVENTIS, DRUMMOND, HAWKINS, FAIR, VERDIN and RITCHIE desired to be recorded as voting against the second reading of the Bill.

S. 49--Ordered to a Third Reading

On motion of Senator BRANTON, with unanimous consent, S. 49 was ordered to receive a third reading on Friday, April 27, 2001.

Statement by Senator McCONNELL

I reluctantly voted "yes" for this Bill because I believe it is a citizen's right to make this decision. I strongly disagree with the age being 21 instead of 18 to get a tattoo without parental consent. If you are old enough to fight for this country and make contracts, you are old enough to make a decision on a tattoo. However, the remainder of the Bill brings freedom of choice to most of our population so I very reluctantly vote "yes."

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 74 (Word version) -- Senators Leventis, Ford, Elliott and Reese: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY; TO DEFINE RESPONSIBLE OFFICIAL; AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.

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 (JUD0074.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 30, in Section 1-3-10(A)(2), as contained in SECTION 1, by striking lines 30-31 and inserting therein the following:

/   Representatives, the chairman of any standing committee of the Senate or House of Representatives, or the minority leader of the Senate or House of Representatives;   /.

Amend the bill further, as and if amended, page 2, beginning on line 2, in Section 1-3-10(B), as contained in SECTION 1, by striking lines 2-3 and inserting therein the following:

/   Representatives, the chairman of any standing committee of the Senate or House of Representatives, or the minority leader of the Senate or House of Representatives, shall must immediately   /.

Amend the bill further, as and if amended, page 3, beginning on line 16, Section 1-3-10(C)(5), as contained in SECTION 1, by striking item (5) in its entirety and inserting therein the following:

/       (5)(a)   Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.

(b)   Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of or as a result of study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.

(c)   The exemptions in this item do not extend to the institution's financial or administrative records.

(6)   Confidential proprietary information provided to a public body for economic development or contract negotiations purposes.

(7)   Matters specifically exempted from disclosure by statute or law.     /

Amend the bill further, as and if amended, page 3, beginning on line 38, in Section 1-3-10(E)(3), as contained in SECTION 1, by striking lines 38 through 39 and inserting therein the following:

/   information is exempt, either the Senate or the House of Representatives from which the request originated, if applicable, may override the   /.

Amend the bill further, as and if amended, page 4, line 12, in Section 1-3-10(E)(5), as contained in SECTION 1, by striking line 12 in its entirety and inserting therein the following:

/   provided for in Article XV of the South Carolina     /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 74--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 74 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.

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 (JUD0232.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 11, in Section 27-42-20(B), as contained in SECTION 1, by striking lines 11 and 12 and inserting therein the following:

/     (2)   lodging provided in a condominium or villa that rents units on a daily basis or longer, provides a twenty-four hour office for central registration, provides a centralized communications system, and provides housekeeping service at no additional charge;

(3)   any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8); or

(4)   rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title (the South Carolina Residential Landlord and Tenant Act).   /

Amend the bill further, as and if amended, page 2, beginning on line 22, in Section 27-42-30, as contained in SECTION 1, by striking lines 22 through 31 and inserting therein the following:

/     (3)   'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title (the South Carolina Residential Landlord and Tenant Act).

(4)   'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.

(5)   'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles.   /

Amend the bill further, as and if amended, page 2, line 39, in Section 27-42-40(A)(1), as contained in SECTION 1, by striking line 39 in its entirety and inserting therein the following:

/     (1)   the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;     /.

Amend the bill further, as and if amended, page 3, beginning on line 1, in Section 27-42-40(B), as contained in SECTION 1, by striking lines 1 through 4 and inserting therein the following:

/   (B)   A rental management company in a vacation rental agreement must place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require /.

Amend the bill further, as and if amended, page 3, line 41, in Section 27-42-50(B), as contained in SECTION 1, after the word /date/ by inserting the word /   of   /.

Amend the bill further, as and if amended, page 4, beginning on line 9, in Section 27-42-60, as contained in SECTION 1, by striking Section 27-42-60 in its entirety.

Amend the bill further, as and if amended, page 4, line 18, in Section 27-42-70, as contained in SECTION 1, by striking line 18 in its entirety and inserting therein the following:

/     Section 27-42-60.   If state or local authorities order a mandatory   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 232--Ordered to a Third Reading

On motion of Senator ELLIOTT, with unanimous consent, S. 232 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 234 (Word version) -- Senators Hawkins, Jackson, Hayes, Short, Giese, Holland, Courson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175 SO AS TO PROVIDE THAT A STATEMENT MADE BY A CHILD LESS THAN FOURTEEN YEARS OF AGE DESCRIBING AN ACT OF SEXUAL CONTACT OR PHYSICAL ABUSE PERFORMED WITH OR ON THE CHILD BY ANOTHER PERSON, OR WITH OR ON ANOTHER PERSON IN THE PRESENCE OF THE CHILD IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.

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 (JUD0234.001), which was adopted:

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

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 17-23-175.   (A)   An out-of-court statement, unless otherwise admissible, made by a child victim or child witness to a third party is admissible in a general sessions court proceeding or a delinquency proceeding in a family court if:

(1)   the child testifies at the proceeding; and

(2)   the court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness.

(B)   For purposes of this section, a 'child victim or child witness' is a person who:

(1)(a)   is under the age of sixteen at the time of the making of the statement; or

(b)   who functions cognitively, adaptively, or developmentally under the age of sixteen at the time of the making of the statement; and

(2)   is the child victim of or child witness to:

(a)   an offense under Chapter 3 of Title 16;

(b)   an offense under Chapter 15 of Title 16;

(c)   an offense under Chapter 17 of Title 16;

(d)   an offense under Chapter 25 of Title 16;

(e)   an offense under Chapter 7 of Title 20; or

(f)   the common law offense of assault and battery of a high and aggravated nature.

(C)   The proponent of the statement must inform the adverse party of the proponent's intention to offer the statement and the content of the statement within forty-eight hours of obtaining the statement, but in no case less than seventy-two hours before the proceeding, in order to provide the adverse party with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered. If the declarant is sixteen years of age or older, the adverse party may challenge the decision that the child functions cognitively, adaptively, or developmentally under the age of sixteen."

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

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS 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.

S. 234--Ordered to a Third Reading

On motion of Senator HAWKINS, with unanimous consent, S. 234 was ordered to receive a third reading on Friday, April 27, 2001.

S. 234 -- Co-Sponsors Added

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 234.

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 234.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 327 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.

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 (JUD0327.003), which was adopted:

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

/   TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE NUMBER OF LITTER CONTROL OFFICERS WITHIN A COUNTY AND TO AUTHORIZE LITTER CONTROL OFFICERS WHO ARE CERTIFIED AS LAW ENFORCEMENT OFFICERS TO PERFORM ARRESTS RELATING TO THEIR PRIMARY DUTIES OF ENFORCING LITTER CONTROL LAWS; AND TO AMEND CHAPTER 15, TITLE 23, RELATING TO THE GENERAL POWERS AND DUTIES OF SHERIFFS, BY ADDING SECTION 23-15-140, SO AS TO PROVIDE FOR THE DESCRIPTION OF THE OFFICIAL BADGE TO BE WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS.

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

SECTION   1.   Section 4-9-145 of the 1976 Code is amended to read:

"Section 4-9-145.   (A)   Except as provided in subsection (B), The the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers shall must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.

(B)(1)   The number of litter control officers appointed and commissioned pursuant to subsection (A) must not exceed the greater of:

(a)   the number of officers appointed and commissioned by the county on July 1, 2001; or

(b)   one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.

(2)   A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of litter control laws and ordinances if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.

(3)   For purposes of this section, the phrase 'litter control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances."

SECTION   2.   The 1976 Code is amended by adding:

"Section 23-15-140.   (A)   The purpose of this section is to provide for uniformity among sheriffs and deputy sheriffs, and to aid the public in identifying a sheriff and deputy sheriff.

(B)   A badge that consists of or incorporates the shape of a five or six-pointed star with a replica of the Great Seal of South Carolina inscribed in its center is the official badge to be worn by all sheriffs and deputy sheriffs throughout the State.

(C)   It is unlawful for a person who is not a sheriff or deputy sheriff to wear the official badge described in subsection (A), or to wear a badge or insignia similar to the official badge that is indistinguishable from a distance of at least twenty feet.

(D)   A person who violates the provisions of this section, upon conviction, must be fined not less than one hundred dollars, or imprisoned not less than thirty days."

SECTION   3.   This act takes effect upon approval by the Governor, except that Section 2 takes effect on January 1, 2002.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 327--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 327 was ordered to receive a third reading on Friday, April 27, 2001.

S. 327 -- Co-Sponsor Added

On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 327.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND NUMEROUS PROVISIONS WITHIN CHAPTER 5 OF TITLE 50, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING AND AMENDING DEFINITIONS; TO AMEND, AMONG OTHER PROVISIONS, RELATING TO SEIZURE AND DISTRIBUTION OF CONTRABAND; SALE OF CONFISCATED DEVICES; REQUIREMENTS FOR SALE OF PRODUCTS TAKEN PURSUANT TO A COMMERCIAL SALTWATER FISHING LICENSE; SALE OF LIVE OR FRESH SALTWATER FISH; NET USE REQUIREMENTS WITHIN FIVE HUNDRED YARDS OF A PUBLIC FISHING PIER; COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS; BOTTOM HARVEST RECREATIONAL SHELLFISHING; PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS AND RELATED MATTERS; USE OF GILL NETS; SUSPENSION OF SALTWATER PRIVILEGES; REQUIREMENTS TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U.S. COAST GUARD PERSONNEL; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735. (ABBREVIATED TITLE)

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

The Committee on Fish, Game and Forestry proposed the following amendment (379R002.CKG), which was adopted:

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

/ SECTION   1.   Section 50-5-15 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(62)   'Skim-bow net' means a net constructed of webbing not greater than two and one-half inches, stretched mesh, hung within a frame formed by a length of wood or other material looped and attached upon itself end to end forming a loop having no distance across greater than fifteen feet.

(63)   'Stretch' as used to describe the measure of mesh of nets means that the material is pulled snugly but not to the point of lengthening the single or multi-strand line of the netting. Measurement is made across the widest dimension of the mesh when so pulled."

SECTION   2.   Section 50-5-15(1), (19), (27), (37), (54), and (60) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(1)   'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass, and includes landlocked stocks of those fish."

"(19)   'Dredge' means equipment used for harvesting bottom dwelling aquatic life which is not a net trawl and is powered by mechanical means, and is designed to contract contact the bottom when in operation."

"(27)   'Herring' means any or all life stages of the river anadromous herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)."

"(37)   'Peeler trap'   means a trap constructed of one inch or smaller hexagonal wire which is:

(a)   unbaited; or

(b)   baited with only live male crabs. crab and may have one single piece of fish having no dimension greater than three inches."

"(54)   'Striker' means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman., but does not use separate commercial equipment on a vessel which is engaged in commercial fishing."

"(60)   'Trawling' means fishing with a trawl or having any part of a trawl net or its associated equipment door in the water."

SECTION   3.   Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-32.(A)   The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.

(B)   The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.

(C)   The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or it's habitat no longer exists.

(D)   It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION   4.   Section 50-5-35 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-35.   (A)   In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.

(B)   Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection."

SECTION   5.   Section 50-5-65(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B)   Any perishable item seized by the department must be sold and the proceeds retained until final adjudication of the case. Upon a finding of not guilty, the proceeds must be returned. Any perishable item seized, the sale of which is not lawful, illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed. provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken, must be sold. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty."

SECTION   6.   Section 50-5-70 of the 1976 Code, as last amended by Act 245 of 2000, is further amended to read:

"Section 50-5-70.   The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value."

SECTION   7.   Section 50-5-120 of the 1976 Code, as last amended by Act 245 of 2000, is amended to read:

"Section 50-5-120.   (A)   The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, by law enforcement officers, or U.S. Coast Guard personnel.

(B)   The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C)   The Any operator, or crew members member, or both passenger, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION   8.   Section 50-5-300(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident."

SECTION   9.   Section 50-5-310(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident."

SECTION   10.   Section 50-5-325(A), (D), (F), and (G) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   Commercial equipment, excluding vessels, used, in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:

(1)   to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;

(2)   to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;

(3)   to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;

(4)   to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;

(5)   to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;

(6)   to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;

(7)   to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;

(8)   to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;

(9)   to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents."

"(D)   No person may hold or apply for more than one trap license. a separate license resulting in avoidance of a license fee differential specified in this section."

"(F)   Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display a on its port and starboard sides current identification decal decals provided by the department.

(G)   An The department may require an owner or operator who uses commercial equipment, except for traps for taking blue crabs, without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. must affix a department issued identification number and tag for each piece of commercial equipment being used. The owner and operator are responsible for assuring the number and tag are affixed."

SECTION   11.   Section 50-5-330 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(E)   A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION   12.   Section 50-5-335 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-335.   (A)   The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses. An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person. unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:

(1)   marking or lighting of channel nets;

(2)   distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or

(3)   distance between channel nets and other fishing devices.

(B)   An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person."

SECTION   13.   Section 50-5-350(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C)   The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on the vessel's port and starboard sides identification decal decals provided by the department."

SECTION   14.   Section 50-5-360(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products taken or landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control."

SECTION   15.   Section 50-5-365(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(F)   A Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION   16.   Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-366.   (A)   Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:

(1)   the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;

(2)   the date on which the shrimp were purchased or received; and

(3)   the quantity of shrimp purchased or received.

(B)   Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.

(C)   This section does not apply to a licensed commercial saltwater fisherman:

(1)   when selling his catch of shrimp to a licensed seafood dealer, or

(2)   who is a licensed wholesale seafood dealer.

(D)   Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months."

SECTION   17.   Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-367.   (A)   It is unlawful to sell or to offer for sale shrimp taken over bait.

(B)   Any person or entity violating the provisions of subsection (a) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, and any vehicle used in violation of this section must be seized.

(C)   It is unlawful to knowingly purchase shrimp taken over bait."

SECTION   18.   Section 50-5-370(A) and (B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. This As to the products specified, this section does not apply to persons receiving live bait from a licensed live bait dealer. :

(1)   persons receiving live bait from a licensed live bait dealer; or

(2)   persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.

(B)   No person may remove from this State for a commercial purpose any saltwater fish or fishery products taken, landed, produced, or cultured in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received."

SECTION   19.   Section 50-5-505(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)   No haul seine may be set within five hundred yards on of any public fishing pier."

SECTION   20.   Section 50-5-510(E), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(E)   The following requirements apply to channel nets used in the salt waters of this State:

(1)   the width at the mouth measured across the float or head line must not exceed eighty feet;

(2)   no channel net may be operated from a trawler;

(3)   a channel net must be marked with a buoy, three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon; attached outside of the tailbag or codend; and

(4)   a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile."

"(G)   Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days. No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.

(H)   Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION   21.   Section 50-5-515(B)(2) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(2)   A soft TED must be constructed and installed so as to conform to the following specifications:

(a)   webbing must be polypropylene or polyethylene;

(b)   stretched mesh size may not exceed six inches;

(c)   the horizontal, taut length of the panel may not exceed one hundred twenty inches;

(d)   the width of the panel at the leading edge may not exceed two hundred twenty-nine inches;

(e)   the escape opening may not be less than seventy-two inches;

(f) the TED panel must form a complete barrier inside the net forward of the codend;

(g)   the TED panel must slope upwards with the escape opening being on the top of the net just forward of the panel's attachment to the top of the net;

(h)   an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch. of the National Marine Fisheries Service for soft TED's."

SECTION   22.   Section 50-5-520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-520.   In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements related relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices."

SECTION   23.   Section 50-5-545 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-545.   (A)   From Except as provided in this section, from June 1 through March 14, all any crab traps trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the base of the horizontal partition or the base of the trap.

(B)   Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. are required to have only one escape vent (ring).Traps constructed of one-inch mesh wire and baited only with live male blue crabs are peeler Peeler traps and are exempt year round."

SECTION   24.   Section 50-5-550(A) and (C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than two five inches marked with the operator's name and bait dealer license number."

"(C)   Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy and must be unobstructed and visible when the buoy is at rest in the water."

SECTION   25.   Section 50-5-715(A)(6) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(6)   Based on NOS chart 11521 (2nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32 33.55' N, longitude 080 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32 37.18' N, longitude 079 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and becoming northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning."

SECTION   26.   Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-765.   A turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days, and any such net is contraband."

SECTION   27.   Section 50-5-960(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:

(1)   there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;

(2)   no person may gather more than one personal limit of shellfish per day harvest shellfish recreationally on more than two calendar days per any seven-day period; and

(3)   regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination."

SECTION   28.   Section 50-5-965(D), (E), (F), and (G) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D)   It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(E)   It is unlawful for any person, including a commercial saltwater fisherman licensed or permitted to take shellfish, to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department. A person, including a commercial saltwater fisherman, who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars.

(F)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(G)   In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses."

SECTION   29.   Section 50-5-1100(H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(H) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred thousand dollars or and not more than five thousand dollars and may be imprisoned for not more than thirty days and the shrimp baiting privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter."

SECTION   30.   Section 50-5-1505 of the 1976 Code, as last amended by an act bearing ratification number 38 of 2001, is further amended to read:

"Section 50-5-1505.   The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body as a zone. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article. It is unlawful to possess more than the legal limit of shad, herring, or sturgeon.

(1)   In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(a)   Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries as follows:

( i)   Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1)   Season: February 1 through April 30;

(2)   Times: Noon Monday through Noon Saturday;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(ii)   Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1)   Season: February 1 through April 15;

(2)   Times: Monday Noon to Saturday Noon, local time;

(3)   Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;

(4)   Size and take limits: No limits.

(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 Rediversion 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.

(iii)   Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(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.

(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.

(c)   Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

( i)   Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii)   Cooper River from Wadboo Creek to U.S. Highway 17:

Season: No open season.

(iii)   Ashley River seaward to its confluence with Popper Dam Creek:

(1)   Season: February 1 through March 31;

(2)   Times: Wednesday noon to Saturday noon, local time;

(3)   Methods and equipment: No restrictions;

(4)   Size and take limits--None.

(iv)   Remainder of the Charleston Harbor system:

(1)   Season: February 1 through March 31;

(2)   Times: Wednesday noon to Saturday noon, local time;

(3)   Methods and equipment: Drift gill nets only;

(4)   Size and take limits: No limits.

(d)   Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

( i)   Above U.S. Highway 17 bridge:

(1)   Season: January 15 through April 15;

(2)   Times: Tuesday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter.

(4)   Size and take limits: No limits.

(ii)   Seaward of U.S. Highway 17 bridge:

(1)   Season: January 1 through March 31;

(2)   Times: Wednesday noon to Friday midnight, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(e)   Ashepoo River and all tributaries and distributaries thereto as follows:

(1)   Season: February 1 through March 31;

(2)   Times: Friday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(f)   Combahee River and all tributaries and distributaries thereto as follows:

( i)   Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii)   Main river above U.S. Highway 17-A bridge including main stems of Salkehatchie Rivers:

(1)   Season: January 15 through March 31;

(2)   Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(iii)   Main river below U.S. Highway 17-A but above U.S. Highway 17 bridge:

(1)   Season: January 15 through March 31;

(2)   Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(iv)   Main river seaward of U.S. Highway 17 bridge:

(1)   Season: January 15 through March 31;

(2)   Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(g)   Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(h)   South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

( i)   Main river above U.S. Interstate Highway 95 bridge:

(1)   Season: January 1 through April 15;

(2)   Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(ii)   Tributaries and distributaries above U.S. Interstate Highway 95 bridge:

Season: No open season.

(iii)   Seaward of U.S. Interstate Highway 95 bridge.

(1)   Season: January 1 through March 31. Taking or attempting to take shad with nets is prohibited at all times in the Savannah's, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2)   Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(i)   Atlantic Ocean territorial sea as follows:

(1)   Season: February 1 through March 31;

(2)   Times: 7:00 a.m. Tuesday to 7:00 p.m Saturday, local time;

(3)   Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4)   Size and take limits: No limits.

(j)   Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net, lift net, and hook and line;

(4)   Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad.

(2)   In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(a)   Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(1)   Season: February 15 through April 15;

(2)   Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(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 dep   artment 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.

(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.

(iii)   Santee River seaward of Wilson Boat Landing:

Season: No open season.

(c)   Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i)   Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1)   Season: March 1 through April 30;

(2)   Times: Sunrise as locally published to 10:00 p.m.;

(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;

(4)   Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats.

(ii)   Cooper River from CSX railroad to U.S. Highway 17 bridges:

Season: No open season.

(iii)   Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:

(1)   Season: February 15 through April 15;

(2)   Times: No restrictions;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(d)   Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net, lift net, and hook and line;

(4)   Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(e)   Lake Jocassee and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Hook and line;

(4)   Size and take limits: No limits.

(f)   Lake Keowee and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(g)   Lake Hartwell and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(h)   Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(i)   Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(j)   Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(k)   Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(l)   Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(m)   Lake Monticello and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Hook and line;

(4)   Size and take limits: No limits.

(3)   In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a)   Territorial sea:

Season: No open season.

(b)   Internal waters:

Season: No open season."

SECTION   31.   Chapter 5 of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1506.   In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(a)   Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(i)   Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1)   Season: February 1 through April 30;

(2)   Times: noon Monday through noon Saturday;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(ii)   Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1)   Season: February 15 through April 15;

(2)   Times: 7:00 a.m. Tuesday to 7:00 p.m. Saturday, local time;

(3)   Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;

(4)   Size and take limits: No limits.

(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 Rediversion 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.

(iii)   Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(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.

(v)     S.C. 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.

(c)   Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i)   Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii)   Cooper River from Wadboo Creek to U.S. Highway 17:

Season: No open season.

(iii)   Ashley River seaward to its confluence with Popper Dam Creek:

(1)   Season: February 1 through March 31;

(2)   Times: Wednesday noon to Saturday noon, local time;

(3)   Methods and equipment: No restrictions;

(4)   Size and take limits: None.

(iv)   Remainder of the Charleston Harbor system:

(1)   Season: February 1 through March 31;

(2)   Times: Wednesday noon to Saturday noon, local time;

(3)   Methods and equipment: Drift gill nets only;

(4)   Size and take limits: No limits.

(d)   Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

(i)   Above U.S. Highway 15 bridge:

(1)   Season: January 15 through April 15;

(2)   Times: Tuesday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter;

(4)   Size and take limits: No limits.

(ii)   Seaward of U. S. Highway 15 bridge and above U. S. Highway 17 bridge:

(1)   Season: January 15 through April 15;

(2)   Times: Tuesday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(iii)   Seaward of U.S. Highway 17 bridge:

(1)   Season: January 1 through March 31;

(2)   Times: Wednesday noon to Friday midnight, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(e)   Ashepoo River and all tributaries and distributaries thereto as follows:

(1)   Season: February 1 through March 31;

(2)   Times: Friday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(f)   Combahee River and all tributaries and distributaries thereto as follows:

(i)   Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii)   Main river including main stems of Salkehatchie Rivers:

(1)   Season: January 15 through March 31;

(2)   Times: For anchored nets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(g)   Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(h)   South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

( i)   Main river above U.S. Interstate Highway 95 bridge:

(1)   Season: January 1 through April 15;

(2)   Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(ii)   Tributaries and distributaries above U.S. Interstate Highway 95 bridge:

Season: No open season.

(iii)   Seaward of U.S. Interstate Highway 95 bridge.

(1)   Season: January 1 through March 31. Taking or attempting to take shad with anchored nets is prohibited at all times in the Savannah River's Little Back River, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2)   Times: 7:00 a.m. Tuesday to 7:00 p.m. Friday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

( i)   Atlantic Ocean territorial sea as follows:

(1)   Season: February 1 through March 31;

(2)   Times: 7:00 a.m. Tuesday to 7:00 p.m Saturday, local time;

(3)   Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4)   Size and take limits: No limits.

( j)   Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net, lift net, and hook and line;

(4)   Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad."

SECTION   32.   Chapter 5, of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1507.   In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(a)   Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(1)   Season: February 15 through April 15;

(2)   Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(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:

(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 and no additional boat may be used to increase a person's daily take.

(ii)   Santee system excluding Rediversion Canal:

Season: No open season.

(c)   Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

( i)   Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1)   Season: March 1 through April 30;

(2)   Times: Sunrise as locally published to 10:00 p.m.;

(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;

(4)   Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats and no additional boat may be used to increase a person's daily take.

(ii)   Cooper River from CSX Railroad to U.S. Highway 17 bridges:

Season: No open season.

(iii)   Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:

(1)   Season: February 15 through April 15;

(2)   Times: No restrictions;

(3)   Methods and equipment: Any lawful method and equipment;

(4)   Size and take limits: No limits.

(d)   Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net, lift net, and hook and line;

(4)   Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(e)   Lake Jocassee and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Hook and line;

(4)   Size and take limits: No limits.

(f)   Lake Keowee and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(g)   Lake Hartwell and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(h)   Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(i)     Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(j)     Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(k)   Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(l)     Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: Cast net and hook and line;

(4)   Size and take limits: No limits.

(m)   Lake Monticello and all tributaries and distributaries thereto as follows:

(1)   Season: No closed season;

(2)   Times: No restrictions;

(3)   Methods and equipment: cast net and hook and line;

(4)   Size and take limits: No limits."

SECTION   33.   Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1508.   In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a)   Territorial sea:

Season: No open season.

(b)   Internal waters:

Season: No open season."

SECTION   34.   Section 50-5-1510(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   The following special provisions apply to shad and herring:

(1)   It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring:

(2)   It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. A Except from sanctuaries designated by the department, a recreational fisherman may take shad and or herring:

(a)   by hook and line and cast net at any time of the year,

(b)   by skim-bow net from February 1 through April 30; and

(c)   by licensed gill net during those times provided in this article for commercial fishing. except from sanctuaries designated by the department.

(3)   It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.

(4)   Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.

(5)   It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.

(6)   A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, 'anchored' includes the use of any weight not part of the normal construction of the net.

(7)   No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.

(7)(8)   In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.

(8)(9)   A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(9)(10)   Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(10)(11)   A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(11)(12)   A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet.

(12)(13)   A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times.

(13)(14)   A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it.

(15)   Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold.

(B)(1)   For a violation of subsection (A)(6) or (A)(7), (A)(8), a person is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.

(2)   A person who takes or attempts to take shad or herring in violation of any other subsection of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(3)   Each net set or fished in violation of this section constitutes a separate offense."

SECTION   35.   Section 50-5-1515 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"Section 50-5-1515.   (A)   Except as provided in this section, a person taking or attempting to take shad by cast net, skim-bow net, or by hook and line including rod and reel may take or possess no more than an aggregate of ten American and hickory shad in any one day.

(B) A person taking or attempting to take shad by hook and line including rod and reel in the Santee River may take or possess no more than an aggregate of twenty American and hickory shad in any one day.

(C) No shad taken by cast net, skim-bow net, or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license."

SECTION   36.   Section 50-5-1540 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1540.   No shad, herring, or sturgeon net may be fished so that the net, including its cables, lines, or attached devices extends over more than one-half the width of the river, stream, or water course, regardless of the stage of the tide, river stage, or method of net deployment. (A)   No shad, herring, or sturgeon net, including its cables, lines, or attached devices, either set, drift, or fished in the waters of this State may be of a length greater than one-half the normal width of the water body at the place where used, regardless of the stage of the tide, river stage, water level, or method of net deployment.

(B)   No net may be:

(1)   placed, drifted, or operated set within six hundred feet of any gill net previously deployed set; or

(2)   drifted within six hundred feet of another drifting net; or

(2)(3)   placed or set within seventy-five feet of the confluence of any tributary.

(C)   Nothing in this section prevents a lawfully drifted gill net from passing within six hundred feet of a lawfully anchored gill net."

SECTION   37.   Section 50-5-1560(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B)   In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of a person charged with a violation of a provision of this chapter or of a regulation promulgated hereunder pertaining to setting nets in proximity to navigation jetties. Upon conviction, seized items are forfeited to the State and become contraband and must be disposed of as provided in this chapter."

SECTION   38.   Section 50-5-1915 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1915.   (A)   Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department. The logs must be submitted as prescribed or approved by the department. A person licensed to operate a charter boat fishing vessel who fails to maintain or submit a log as required is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, and the privilege of the person or entity to hold the charter boat license must be suspended for six months. and a subsequent charter fishing vessel license must not be issued until the requirements of this subsection are met.

(B)   Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. The logs must be submitted as prescribed or approved by the department. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days and a subsequent license must not be issued until the requirements of this subsection are met."

SECTION   39.   Section 50-5-2505 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2505.   (A)   Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points assigned to a violation must be charged against him under a point category. Point categories are:

(1)   commercial, and

(2)   recreational.

Points resulting from any violation must be assigned under only one point category.

(B)   Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.

(C)   Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.

(D)   For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.

(E)   The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.

(F)(E)   Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State."

SECTION   40.   Section 50-5-2510 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2510.   (A)   The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category. Privileges related to each point category are as follows:

(1)   commercial: any and all commercial saltwater fishing license, equipment license, and bait dealer license, and

(2)   recreational: marine recreational fishing stamp, pier license, charter boat fishing vessel license, shrimp baiting license, and any other saltwater licenses utilized for recreational purposes.

(B)   Any suspension under this article begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year."

SECTION   41.   Section 50-5-2515 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2515.   (A)   Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of any saltwater privilege, the department must notify him the person or entity in writing, return receipt requested, that his saltwater privilege has been suspended, and he the person or entity must return all the suspended licenses, stamps, or permits in his name to the department within ten days.

(B)   The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request.

(C)   If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department."

SECTION   42.   Section 50-5-2520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2520.   A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act."

SECTION   43.   Section 50-5-2725(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A)   The size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts prescribed by those federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) and pertaining to the Fishery Management Plan for Sharks of the Atlantic Ocean are declared to be the law of this State and apply statewide including in state waters. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized."

SECTION   44.   Section 50-5-2730 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2730.   Unless otherwise provided by law, any regulations promulgated by the federal government under the Fishery Conservation and Management Act (PL 94-265) or the Atlantic Tuna Conservation Act (PL 94-70) which establishes seasons;, fishing periods;, gear restrictions;, sales restrictions, or bag, catch, size, or possession limits on fish are declared to be the law of this State and apply statewide including in state waters."

SECTION   45.   Section 50-21-175 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-21-175.   (A)   The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, by law enforcement officers, or U.S. Coast Guard personnel.

(B)   The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C)   The Any operator, or crew members, member, or both, passenger of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION   46.   Section 50-5-2735 of the 1976 Code is repealed.

SECTION   47.   The Code Commissioner is authorized and directed to renumber and reletter paragraphs, subparagraphs, items, and subitems in this act to conform to the codification scheme of the 1976 Code.

SECTION   48.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

The committee amendment was adopted.

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

S. 379--Ordered to a Third Reading

On motion of Senator GREGORY, with unanimous consent, S. 379 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 380 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTING AN ARREST OR SEARCH WITH OR WITHOUT A WARRANT, THE HANDLING OF A DOMESTIC OR FAMILY VIOLENCE COMPLAINT OR CRIME BY A LAW ENFORCEMENT OFFICER OR A COURT, AND A LAW ENFORCEMENT OFFICER'S LIABILITY FOR AN ACT, OMISSION, OR EXERCISE OF DISCRETION, SO AS TO DELETE A PROVISION WHICH REQUIRES THAT ONLY EVIDENCE OF VIOLATIONS OF CERTAIN CRIMINAL DOMESTIC VIOLENCE PROVISIONS ARE ADMISSIBLE IN A COURT OF LAW AS A RESULT OF A WARRANTLESS SEARCH AND TO PROVIDE THAT EVIDENCE OF ANOTHER CRIME FOUND DURING A SEARCH INCIDENT TO A LAWFUL ARREST UNDER CERTAIN CIRCUMSTANCES MAY BE SEIZED BY A LAW ENFORCEMENT OFFICER WHO MAY ARREST AND FILE CRIMINAL CHARGES AGAINST A PERSON IMPLICATED BY THE EVIDENCE.

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 (JUD0380.001), 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 16-25-70 of the 1976 Code is amended to read:

"Section 16-25-70.   (A)   A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department law enforcement agency.

(B)   A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department law enforcement agency.

(C)   In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to a family or household member.

(D)   If a law enforcement officer receives conflicting complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall must evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer must not arrest the other person accused of having committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall must consider:

(1)   prior complaints of domestic or family violence;

(2)   the relative severity of the injuries inflicted on each person taking into account injuries alleged which may not be easily visible at the time of the investigation;

(3)   the likelihood of future injury to each person;

(4)   whether one of the persons acted in self-defense; and

(5)   household member accounts regarding the history of domestic violence.

(E)   A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage a party's requests for intervention by law enforcement by a party.

(F)   A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report and must include a statement in the report that the officer attempted to determine which party was the primary aggressor pursuant to this section and was unable to make a determination based upon the evidence available at the time of the arrest.

(G)   When two or more household members are charged with a crime involving domestic or family violence arising from the same incident and the court finds that one party was the primary aggressor pursuant to this section, the court, if appropriate, may dismiss charges against the other party or parties.

(H)   No evidence other than evidence of violations of this article found as a result of a warrantless search is admissible in a court of law. Evidence discovered as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in a court of law:

(1)   if it is found:

(a)   in plain view of a law enforcement officer in a room in which the officer is interviewing, detaining, or pursuing a suspect; or

(b)   pursuant to a search incident to a lawful arrest for a violation of this article or for a violation of Chapter 3, Title 16; or

(2)   if it is evidence of a violation of this article.

An officer may arrest and file criminal charges against a suspect for any offense that arises from evidence discovered pursuant to this section.

Unless otherwise provided for in this section, no evidence of a crime found as a result of a warrantless search administered pursuant to a complaint filed under this article is admissible in any court of law.

(I)   In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

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

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

The committee amendment was adopted.

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

S. 380--Ordered to a Third Reading

On motion of Senator HUTTO, with unanimous consent, S. 380 was ordered to receive a third reading on Friday, April 27, 2001.

AMENDED, READ THE SECOND TIME

S. 390 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-195 SO AS TO DEFINE "FIREFIGHTER", AND TO PROVIDE THAT A PERSON INITIALLY APPLYING TO BECOME A FIREFIGHTER MUST UNDERGO A STATE LAW ENFORCEMENT DIVISION AND A FEDERAL BUREAU OF INVESTIGATION CRIMINAL BACKGROUND REVIEW AT THE PERSON'S EXPENSE.

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

Senator REESE proposed the following amendment (390R001.GGR), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety, including the title, and inserting:

/   TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHALL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHALL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

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

SECTION   1.   Title 40 of the 1976 Code is amended by adding:

  "Chapter 80

Employment and Registration of Firefighters

Section 40-80-10.   (A)   This chapter may be cited as the 'South Carolina Firefighters Employment and Registration Act'.

(B)   For purposes of this chapter:

(1)   'Employer' means any fire department or other entity which puts an individual or employee in service as a firefighter or assigns any person to work or official duties as a firefighter whether or not the firefighter receives financial compensation.

(2)   'Employment date' means the date the fire chief certifies the firefighter is trained and prepared to perform firefighting duties.

(3)   'Fire chief' means the highest ranking officer or official in charge of a fire department, whether or not called by some other title.

(4)   'Fire department' means any organization providing rescue, fire suppression, and related activities including any public or government sponsored organizations engaged in rescue, fire suppression, and related activities.

(5)   'Firefighter' means any person, male or female, paid or unpaid, who engages in rescue, fire suppression, or related activities under the supervision of a fire chief or fire department.

(6)   'Firefighting duties' means duties relating to rescue, fire suppression, public safety, and related activities as assigned by a fire chief.

Section 40-80-20.   (A)   Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

(B)   The cost of the criminal records check must not exceed five dollars.

(C)   A person who is convicted, pleads guilty or no contest, or otherwise admits guilt, regardless of adjudication, to a felony, arson related crime, or use of a controlled substance within the last ten years, shall not be allowed to perform firefighting duties in the State of South Carolina on or after July 1, 2001. After the expiration of the ten-year period a fire chief has the option and discretion to determine whether or not to hire a person with a criminal record as a firefighter.

(D)   A criminal records check is not required for a firefighter employed on or before June 30, 2001.

Section 40-80-30.   (A)   No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by their fire chief or other employer.

(B)   The Office of the State Fire Marshal must maintain a file on each registered firefighter in this State, that includes all information required to be kept by this chapter, and must assign a firefighter identification number to each registered firefighter which corresponds with the firefighter's social security number.

(C)   The information in the file of an individual firefighter may be released in its entirety to a potential fire department or other employer and may be used as a basis for employment. The requesting department or employer must maintain this information in a confidential manner.

(D)   Any registered firefighter may at any time request a copy of his or her file. The fee for a copy of a firefighter's file is five dollars payable to the Office of the State Fire Marshal.

Section 40-80-40.   (A)   No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first being registered as provided in Section 40-80-30.

(B)   A firefighter employed by the United States Government and working in the course and scope of his official duties as a federal employee is not required to be registered under this chapter.

Section 40-80-50.   (A)   Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of Sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information of each firefighter the complete name, the date of birth, the social security number, the South Carolina driver's license number, the department, and the date of employment or membership. The Office of the State Fire Marshal must notify the chief of the employing department or other employer in writing of the registration. The fire chief must utilize forms as required and provided by the Office of the State Fire Marshal.

(B)   Prior to the initial recommendation for registration and employment of a firefighter, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency. The cost of the criminal records check may not exceed five dollars. No person must be eligible for registration as a firefighter if, within ten years prior to the date of application, he or she has been convicted of a felony, use of a controlled substance, or arson related crime.

(C)   A criminal records check is not required for firefighters employed on or before July 1, 2001.

(D)   A firefighter who works for or serves more than one department must be registered by each department.

(E)   A firefighter previously registered with the Office of the State Fire Marshal, but not actively engaged with a fire department or as a firefighter for a period of six months, must be required to apply for registration and to submit a criminal records check as required by subsection (B). Exempt from this section are firefighters that are being reinstated to their last registered department within a period not to exceed three years. The fire chief must within sixty days make notification to the Office of the State Fire Marshal of the firefighters inactive status.

Section 40-80-60.   (A)   Each fire department or other employer must notify the Office of the State Fire Marshal at any time that a firefighter is separated from employment or membership. Notification of separation of a firefighter from employment must be on a form as provided by the Office of the State Fire Marshal.

(B)   The notification of the separation of a firefighter from employment required by this section must be made within thirty days after separation."

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

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

The amendment was adopted.

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

S. 390--Ordered to a Third Reading

On motion of Senator REESE, with unanimous consent, S. 390 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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 (JUD0429.001), 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 16-3-1700 of the 1976 Code is amended to read:

"Section 16-3-1700.   As used in this article:

(A)   'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:

(1)   following the targeted person as he moves from location to location;

(2)   visual, physical, or verbal contact, or written or electronic communication that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;

(3)   surveillance of or the maintenance of a presence near the targeted person's:

(a)   residence;

(b)   place of work;

(c)   school; or

(d)   another place regularly occupied by the targeted person; and

(4)   vandalism and property damage.; and

(5)   cyberstalking and contact by electronic communication or electronic mail that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted.

Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.

(B)   'Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:

(1)   death of the person or a member of his family;

(2)   assault upon the person or a member of his family;

(3)   bodily injury to the person or a member of his family;

(4)   criminal sexual contact on the person or a member of his family;

(5)   kidnapping of the person or a member of his family; or

(6)   damage to the property of the person or a member of his family.

Stalking includes harassment as defined in subsection (A) but does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.

(C)   'Cyberstalking' is the use of an electronic communication or electronic mail to unlawfully harass or stalk another person within the meaning of this section.

(D)   'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.

(E)   'Electronic mail' means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.

Cyberstalking does not include peaceable, nonviolent, or non-threatening activity intended to express political views or to lawfully provide information to others. This section does not apply to law enforcement officers when acting within the course and scope of their official duties and must not be construed to impair any constitutionally protected activity including speech, protest, or assembly.

(C)(F)   'Aggravated stalking' means stalking or cyberstalking accompanied or followed by an act of violence.

(D)(G)   'Pattern' means two or more acts within a ninety-day period.

(E)(H)   'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person."

SECTION   2.   Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1725.   (A)   It is unlawful for a person to:

(1)   engage in cyberstalking;

(2)   unlawfully harass or stalk another person by electronic mail or electronic communication;

(3)   use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or any other thing of value from any person;

(4)   electronically mail or electronically communicate to another repeatedly whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person;

(5)   electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass; or

(6)   knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.

(B)   The offense of cyberstalking and any other offense in violation of this section that is committed by the use of electronic mail or electronic communication is committed where the electronic mail or electronic communication was originally sent, originally received in this State, or first viewed by any person in this State.

(C)   A person who engages in cyberstalking another person or who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.

(D)   A person who engages in cyberstalking another person or who violates the provisions of this section when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.

(E)   A person who engages in cyberstalking another person or who violates the provisions of this section and who has a prior conviction of harassing, stalking, or cyberstalking a person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

(F)   In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.

(G)   This section does not apply to any peaceable, nonviolent, or non-threatening activity intended to express political views or to lawfully provide information to others. This section does not apply to law enforcement officers when acting within the course and scope of their official duties and must not be construed to impair any constitutionally protected activity, including speech, protest, or assembly."

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.

S. 429--Ordered to a Third Reading

On motion of Senator LEVENTIS, with unanimous consent, S. 429 was ordered to receive a third reading on Friday, April 27, 2001.

S. 429--Co-Sponsors Added

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 429.

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 429.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 469 (Word version) -- Senators Martin, Fair and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5, SO AS TO PROVIDE THAT THE COMMON LAW "YEAR-AND-A-DAY RULE" IS ABROGATED IN THIS STATE; AND TO AMEND SECTION 50-21-115, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE RESULT OF AN INJURY; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY.

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 (JUD0469.001), which was adopted:

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

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 16-3-5.   A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim."

SECTION   2.   Section 50-21-115 of the 1976 Code is amended to read:

"Section 50-21-115.   When the death of a person ensues within one year three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat shall be is guilty of reckless homicide. A person convicted of reckless homicide or a person who enters a plea of guilty of reckless homicide and receives sentence thereon shall must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than ten years, or both. A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or murder in the operation of a boat shall must be prohibited by the court having jurisdiction of such these violations from operating any boat within this State for a period of not more than five years."

SECTION   3.   Section 56-5-2910(A) of the 1976 Code is amended to read:

"(A)   When the death of a person ensues within one year three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall must revoke for five years the driver's license of a person convicted of reckless homicide."

SECTION   4.   This act takes effect upon approval by the Governor./

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, passed and ordered to a third reading.

S. 469--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, S. 469 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO ADD GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; TO AMEND SECTION 36-1-201, AS AMENDED, RELATING TO GENERAL DEFINITIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO DIFFERENTIATE BETWEEN A SECURITY INTEREST AND A LEASE; TO AMEND CHAPTER 8, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING INVESTMENT SECURITIES, SO AS TO, INTER ALIA, TRANSFER THE STATUTORY LAW CONCERNING CREATION AND PERFECTION OF SECURITY INTERESTS IN INVESTMENT SECURITIES TO CHAPTER 9, TITLE 36, RELATING TO SECURED TRANSACTIONS, TO CODIFY INDUSTRY PRACTICES OF HOLDING INVESTMENT SECURITIES INDIRECTLY THROUGH INTERMEDIARIES, TO INCREASE LIQUIDITY AND CERTAINTY IN THE SECURITIES MARKETS BY ESTABLISHING FINALITY IN SECURITIES TRANSACTIONS, AND TO CLARIFY CHOICE OF LAW RULES IN SECURITIES TRANSACTIONS; TO AMEND SECTIONS 36-4-104 AND 36-5-114, AS AMENDED, ALL RELATING TO VARIOUS COMMERCIAL PRACTICES AND TRANSACTIONS GOVERNED BY THE UNIFORM COMMERCIAL CODE, SO AS TO CONFORM THE REMAINING CHAPTERS IN THE UNIFORM COMMERCIAL CODE TO THE MODIFICATIONS MADE IN CHAPTER 8, INVESTMENT SECURITIES; TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 8; TO AMEND SECTION 33-6-260, RELATING TO RESTRICTION ON TRANSFER OR REGISTRATION OF SECURITIES, SO AS TO CONFORM THE REFERENCE TO "SECURITIES"; TO AMEND CHAPTER 9, TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE REGARDING SECURED TRANSACTIONS, SO AS TO, INTER ALIA, EXPAND THE SCOPE OF THE PROVISIONS TO INCLUDE ADDITIONAL TYPES OF PROPERTY AS COLLATERAL, INCLUDING INVESTMENT SECURITIES FORMERLY ADDRESSED IN CHAPTER 8, AND NEW KINDS OF TRANSACTIONS; TO PROVIDE FOR CLARITY OF METHODS OF PERFECTION AND FOR CENTRALIZED AND ELECTRONIC FILING OF FINANCING STATEMENTS; TO PROVIDE THAT THE LOCATION OF THE DEBTOR DETERMINES THE PLACE OF FILING AND THE EFFECT OF PERFECTION; TO PROVIDE NEW DEFAULT AND ENFORCEMENT RULES FOR DEALING WITH GUARANTORS, NEW KINDS OF PROPERTY, AND SUBORDINATE CREDITORS; TO DISTINGUISH MORE CLEARLY THE TREATMENT OF A CONSUMER TRANSACTION INVOLVING A SECURITY INTEREST AND THE PROTECTIONS AFFORDED A CONSUMER DEBTOR; TO CLARIFY CERTAIN AMBIGUITIES ARISING FROM CONFLICTING JUDICIAL INTERPRETATIONS OF THE APPLICATIONS OF SOME PROVISIONS; TO PROVIDE FOR INCREASED UNIFORMITY IN THE TREATMENT OF SECURED TRANSACTIONS INVOLVING OIL AND GAS AND AGRICULTURE; TO AMEND SECTION 36-1-105, RELATING TO CHOICE OF LAW GENERALLY, SO AS TO CONFORM ITS PROVISIONS TO THE PROVISIONS OF CHAPTER 2A AND THE REVISIONS TO CHAPTER 9; TO REPEAL CHAPTER 6, TITLE 36, RELATING TO BULK TRANSFERS AND TO REPEAL CHAPTER 7, TITLE 35, RELATING TO THE "UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS"; AND TO MAKE THE EFFECTIVENESS OF CHAPTERS 8 AND 9 SIMULTANEOUS ON JULY 1, 2001.

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

On motion of Senator McCONNELL, with unanimous consent, the amendment proposed by the Judiciary Committee to S. 498 was adopted and incorporated by reference in the following document (P:\AMEND\GJK\20548SD01).

Senator McCONNELL 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.

S. 498--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 498 was ordered to receive a third reading on Friday, April 27, 2001.

ACTING PRESIDENT PRESIDES

At 1:06 P.M., Senator MARTIN assumed the Chair.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 511 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-1-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES COUNTY OFFICE BIENNIAL PERFORMANCE AUDITS, SO AS TO REQUIRE A SUBSTANTIVE QUALITY REVIEW IN EACH COUNTY EVERY FIVE YEARS, TO REQUIRE, AMONG OTHER THINGS, A COUNTY'S PERFORMANCE TO BE ASSESSED USING SPECIFIC OUTCOME MEASURES, AND TO REVISE PARTIES TO WHOM THE REPORT IS TO BE PROVIDED.

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

The General Committee proposed the following amendment (NBD\11579AC01), which was adopted:

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

/SECTION   1.   Section 43-1-115 of the 1976 Code, as added by Act 101 of 1993, is amended to read:

"Section 43-1-115.   The State Department shall conduct, at least once every two five years, a detailed performance audit, which must include, but is not limited to, substantive quality review of the child protective services and foster care programs of every local in each county office. The department shall use a sample size that will ensure the results of the audit to be within a ninety percent confidence level and each adoption office in the State. The county's performance must be assessed with reference to specific outcome measures published in advance by the department. The quality review must assess the accuracy of program data being submitted by the county and examine data and other sources to determine the extent to which outcomes are being achieved. The department shall prepare a full and detailed narrative report of, with supporting data, describing its findings and include any proposals to rectify any deficiencies noted. The State Department shall submit, the report within ninety calendar days of the after completion of the county performance audit review, a copy of its final report to the Governor, Lieutenant Governor, members and to each member of the respective county legislative delegations, the Joint Legislative Committee on Children, and the County Advisory Board of Social Services delegation, and the report shall be posted on the department's website. The final and all draft audit reports are public information and upon request must be provided without charge to any member of the public within the time period set forth by the Freedom of Information Act. As public information, the State Department shall also submit two copies of the final report to the State Library and one copy of the final report to any public library within the county reviewed fifteen working days after the request is received. The failure of the State Department to conduct the required biennial performance audits quality review of any county office is considered nonfeasance in office by the state Commission, director and is cause for the commissioner's state director's removal, and subjects the commissioner to the penalties for nonfeasance. This section is not intended to limit the department in the frequency or scope of reviews of county operations."

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 511--Ordered to a Third Reading

On motion of Senator MESCHER, with unanimous consent, S. 511 was ordered to receive a third reading on Friday, April 27, 2001.

COMMITTEE AMENDMENT ADOPTED
AMENDED, READ THE SECOND TIME

S. 557 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF AN ON-CAMPUS STUDENT HOUSING FACILITY INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.

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

The Committee on Education proposed the following amendment (BBM\10223SD01), which was adopted:

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

/ SECTION   1.   The 1976 Code is amended by adding:

"Section 59-127-85.   The Board of Trustees of South Carolina State University with the approval of the Budget and Control Board may enter into one or more ground lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of an on-campus student housing facility including, but not limited to, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender unto South Carolina State University, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements was completed, only natural and normal wear and tear excepted. The Budget and Control Board must first approve all ground lease agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and South Carolina State University; however, the private entity and South Carolina State University shall adhere to fire, life, and safety codes as required by the Office of the State Engineer."

SECTION   2.   The 1976 Code is amended by adding:

"Section 59-125-130.   The Board of Trustees of Winthrop University with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to Winthrop University, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board first must approve all agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and Winthrop University; however, the private entity and Winthrop University shall adhere to fire, life, and safety codes as required by the Office of State Engineer."

SECTION   3.   The Commission on Higher Education, after a period of three years from the effective date of this act, shall evaluate the viability and success of the authorizations for South Carolina State University and Winthrop University contained in Sections 59-127-85 and 59-125-130, respectively, and shall make a report thereon to the General Assembly by January 1, 2005. Based on this report, the General Assembly shall consider granting these types of agreement authority to all public institutions of higher learning in this State which provide housing for students.

SECTION   4.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator MATTHEWS explained the committee amendment.

The committee amendment was adopted.

Senators MATTHEWS, RAVENEL and McCONNELL proposed the following amendment (BBM\10224SD01), which was adopted:

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

/ SECTION   ___.   The 1976 Code is amended by adding:

"Section 59-130-60.   The Board of Trustees of the College of Charleston with the approval of the Budget and Control Board may enter into lease agreements with a private entity whereby the private entity will provide all services necessary for the creation and operation of student housing facilities including, but not limited to, ground leasing, financing, designing, construction, managing, operating, maintaining, and related services. Upon expiration of the agreement term, the private entity shall surrender to the College of Charleston, such premises with the existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The Budget and Control Board first must approve all agreement terms and conditions including the consideration involved, and the full faith and credit of the State toward the lease obligations must not be pledged, and any statement to the contrary is deemed null and void as a matter of public policy. The private entity may be a nonprofit organization. The Budget and Control Board approval required shall be in lieu of or a substitute for any other approval required by any other provision of law or regulation in connection with the undertaking of the private entity and the College of Charleston; however, the private entity and the College of Charleston shall adhere to fire, life, and safety codes as required by the Office of State Engineer." /

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

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

S. 557--Ordered to a Third Reading

On motion of Senator MATTHEWS, with unanimous consent, S. 557 was ordered to receive a third reading on Friday, April 27, 2001.

PRESIDENT PRESIDES

At 1:12 P.M., the PRESIDENT assumed the Chair.

AMENDED, READ THE SECOND TIME

S. 576 (Word version) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.

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

Senators BAUER and JACKSON proposed the following amendment (JUD0576.001), which was adopted:

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

/   SECTION   1.   The 1976 Code is amended by adding:

"Section 16-3-1080.   (A)   Except as provided in subsection (B), a person who commits or attempts to commit a violent crime, as defined in Section 16-1-60, or threatens to commit a violent crime, as defined in Section 16-1-60, while wearing body armor is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.

(B)   Subsection (A) does not apply to:

(1)   a peace officer of this State or another state, or of a local unit of government of this State or another state, or of the United States, while in the performance of his official duties; or

(2)   a security officer while in the performance of his official duties.

(C)   As used in this section:

(1)   'Body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm;

(2)   'Security officer' means a person lawfully employed to protect another person or to protect the property of another person."

SECTION   2.   The 1976 Code is amended by adding:

"Section 16-3-1085.   (A)Except as otherwise provided in this section, it is unlawful for a person who has been convicted of a violent crime, as defined in Section 16-1-60, to purchase, own, possess, or use body armor.

(B)(1)   A person who has been convicted of a violent crime whose employment, livelihood, or safety is dependent on his ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he resides or, if he does not reside in a local unit of government that has a police department, he may petition the county sheriff for written permission to purchase, own, possess, or use body armor.

(2)   The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions the chief of police or county sheriff under subsection (B)(1) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that the petitioner:

(a)   is likely to use body armor in a safe and lawful manner; and

(b)   has reasonable need for the protection provided by body armor.

(3)   In making the determination required under subsection (B)(1), the chief of police or county sheriff must consider:

(a)   the petitioner's continued employment;

(b)   the interests of justice; and

(c)   other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.

(4)   The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff must state the restrictions in the permission document.

(5)   Chiefs of police and county sheriffs must exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.

(6)   A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor must have the written permission in his possession when he is purchasing, owning, possessing, or using body armor.

(C)   A law enforcement agency may issue body armor to a person who is in the custody of a law enforcement agency or a local or state correctional facility or who is a witness to a crime for his protection without a petition being filed under subsection (B). If the law enforcement agency issues body armor to a person under this subsection, the law enforcement agency must document the reasons for issuing the body armor and retain a copy of that document as an official record. The law enforcement agency must issue written permission to the person to possess and use body armor under this section.

(D)   A person who violates this section is guilty of:

(1)   a felony for a violation of subsection (A) and, upon conviction, must be imprisoned not more than five years or fined not more than two thousand dollars, or both;

(2)   a misdemeanor for a violation of subsection (B)(6) and, upon conviction, must be imprisoned not more than ninety days or fined not more than one hundred dollars, or both.

(E)   As used in this section 'body armor' means clothing or a device designed or intended to protect a person's body or a portion of a person's body from injury caused by a firearm."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

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

S. 576--Ordered to a Third Reading

On motion of Senator RITCHIE, with unanimous consent, S. 576 was ordered to receive a third reading on Friday, April 27, 2001.

AMENDED, READ THE SECOND TIME

H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.

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

Senator O'DELL proposed the following amendment (3850R001.WHO), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 40 and inserting:

/   County and founded in 1892; and     /

Amend the bill further, as and if amended, page 2, by striking line 2 and inserting:

/     outstanding one hundred nine-year-old Camden-Carlisle legacy by     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the amendment.

The amendment was adopted.

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

H. 3850--Ordered to a Third Reading

On motion of Senator O'DELL, with unanimous consent, H. 3850 was ordered to receive a third reading on Friday, April 27, 2001.

ADOPTED

S. 515 (Word version) -- Senators Jackson, Matthews, Patterson, Anderson, Pinckney, Glover and Ford: A CONCURRENT RESOLUTION TO ENDORSE THE CONCEPT AND ENCOURAGE THE CREATION OF A NATIONAL BLACK HISTORY MUSEUM IN CHARLESTON FOCUSING ON TELLING THE DISQUIETING BUT INSTRUCTIVE STORY OF THE PASSAGE OF THE AFRICAN PEOPLE INTO AMERICA THROUGH CHARLESTON AND FROM SLAVERY TO FREEDOM.

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

S. 515--Co-Sponsor Added

On motion of Senator PASSAILAIGUE, with unanimous consent, the name of Senator PASSAILAIGUE was added as a co-sponsor of S. 515.

ADOPTED

S. 618 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 2001, IMMEDIATELY FOLLOWING THE ELECTION OF CERTAIN JUDGES TO THE CIRCUIT COURT 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 A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRES IN 2001, OR WHOSE POSITION MUST OTHERWISE BE FILLED.

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

ADOPTED

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 MEMORY OF SAMUEL D. COOPER, A DISTINGUISHED CITIZEN OF BERKELEY COUNTY.

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

ADOPTED

H. 3929 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 421 IN AIKEN COUNTY BETWEEN LEE DRIVE AND DIXIE CLAY ROAD AS THE KOREAN WAR VETERANS MEMORIAL HIGHWAY IN ORDER TO HONOR SOUTH CAROLINA'S KOREAN WAR VETERANS.

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

RECOMMITTED TO COMMITTEE,
RETAINING ITS PLACE ON THE CALENDAR

S. 322 (Word version) -- Senator Mescher: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.

Senator MARTIN asked unanimous consent to recommit the Bill to the Committee on Judiciary, retaining its place on the Calendar.

There was no objection.

The Bill was recommitted to the Committee on Judiciary.

CO-SPONSOR ADDED

S. 560 (Word version) -- Senator Rankin: A BILL TO AMEND CHAPTER 37, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENTS, BY ADDING SECTION 5-37-46 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 5-37-45 DO NOT APPLY TO ANY AREA PROPOSED FOR INCLUSION WITHIN AN IMPROVEMENT DISTRICT WHICH, WITHIN THREE YEARS PRIOR TO THE DATE OF THE ADOPTION OF THE RESOLUTION REQUIRED BY SECTION 5-37-50, IS SUBJECT TO A DEVELOPMENT AGREEMENT PURSUANT TO THE SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT.

On motion of Senator WILSON, with unanimous consent, the name of Senator WILSON was added as a co-sponsor of S. 560.

POINT OF ORDER, OBJECTION

S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (JUD0321.007) proposed by Senator HUTTO and previously printed in the Journal of April 19, 2001.

On motion of Senator HUTTO, with unanimous consent, the amendment was carried over.

Amendment No. 3

Senator HAYES proposed the following Amendment No. 3 (321R001.RWH), which was ruled out of order:

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

/   SECTION   ___.   Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended by adding at the end:

"A minor shall not be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine on behalf of a state or local law enforcement agency as part of an investigation being conducted by the law enforcement agency."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator LEVENTIS spoke on the amendment.

Senator RYBERG spoke on the amendment.

Senator RYBERG moved to lay the amendment on the table.

Point of Order

Senator McCONNELL raised a Point of Order under Rule 24 that the amendment was out of order inasmuch as it was not germane.

The PRESIDENT sustained the Point of Order.

Senator HAYES objected to further consideration of the Bill.

MINORITY REPORT REMOVED, COMMITTEE AMENDMENT AMENDED AND ADOPTED, OBJECTION

S. 350 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-325 SO AS TO PROVIDE THAT UPON ISSUING A PERSON A ROUTE RESTRICTED DRIVER'S LICENSE, THE DEPARTMENT OF PUBLIC SAFETY MUST PROVIDE THE PERSON WITH A COPY OF THE APPROVED ROUTE THAT HAS BEEN CERTIFIED BY THE DEPARTMENT'S MOTOR VEHICLE DIVISION, WHICH MUST BE CARRIED BY THE PERSON WHEN HE OPERATES A MOTOR VEHICLE AND WHICH MUST BE DISPLAYED UPON DEMAND BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE THAT A PERSON WHO FAILS TO MAINTAIN THE CERTIFIED COPY OF THE APPROVED ROUTE OR FAILS TO DISPLAY IT UPON DEMAND BY A LAW ENFORCEMENT OFFICER IS SUBJECT TO THE PENALTIES ASSOCIATED WITH DRIVING WITH A DRIVER'S LICENSE THAT HAS BEEN CANCELLED, SUSPENDED, OR REVOKED; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY FIVE-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED; AND TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO CERTAIN TESTS TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ONLY ONE TEMPORARY ALCOHOL RESTRICTED LICENSE MAY BE ISSUED TO A PERSON PURSUANT TO THIS SECTION IN ANY TEN-YEAR PERIOD, AND TO PROVIDE THAT, IF A HOLDER OF A TEMPORARY ALCOHOL RESTRICTED LICENSE RECEIVES A SUBSEQUENT SUSPENSION, THE TEMPORARY ALCOHOL RESTRICTED LICENSE MUST BE REVOKED, THE REMAINING SUSPENSION PERIOD FOR WHICH THE TEMPORARY RESTRICTED LICENSE WAS ISSUED MUST BE IMPOSED, AND THE PERSON IS NOT ELIGIBLE FOR ANY OTHER DRIVER'S LICENSE UNTIL THE SUSPENSION FOR WHICH THE TEMPORARY ALCOHOL RESTRICTED LICENSE WAS ISSUED HAS BEEN EITHER SERVED COMPLETELY OR RESCINDED.

On motion of Senator HAWKINS, with unanimous consent, the Bill was taken up for immediate consideration.

On motion of Senator HAWKINS, with unanimous consent, the Minority Report was removed from the Bill.

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

Amendment No. P-1

Senator HAWKINS proposed the following Amendment No. P-1 (350C001.MRH), which was adopted:

Amend the committee amendment, as and if amended, by striking SECTION 4 and inserting therein the following:

/   SECTION   4.   Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section in a four-year period unless the suspension is overturned at the administrative hearing. A person who serves the entire administrative suspension is prohibited from obtaining another temporary alcohol restricted license pursuant to this section for a four-year period. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"   /         Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

The question then was the adoption of the committee amendment, as amended.

The Committee on Judiciary proposed the following amendment (JUD0350.002), which was adopted:

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

/   SECTION   1.   Section 56-1-286(K)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section unless the suspension is overturned at the administrative hearing. A person who serves the entire administrative suspension is prohibited from obtaining another temporary alcohol restricted license pursuant to this section. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and"

SECTION   2.   Section 56-1-286 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding:

"(W)   If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other driver's license, until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

SECTION   3.   The 1976 Code is amended by adding:

"Section 56-1-749.   (A) Upon issuing a person a special restricted driver's license, the Department of Public Safety must provide the person with a copy of the approved route that has been certified by the department's motor vehicle division. The certified copy of the approved route must be carried at all times by the person when he operates a motor vehicle, and must be displayed upon demand by a law enforcement officer. The person must maintain the certified copy of the approved route and display it upon demand by a law enforcement officer.

(B)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished:

(1)   as provided for in Section 56-1-500 for a first offense; and

(2)   as provided for in Section 56-1-460 for a second or subsequent offense."

SECTION   4.   Section 56-5-2951(D)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. However, only one temporary alcohol restricted license may be issued pursuant to this section in a ten-year period unless the suspension is overturned at the administrative hearing. A person who serves the entire administrative suspension is prohibited from obtaining another temporary alcohol restricted license pursuant to this section for a ten-year period. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall must remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and"

SECTION   5.   Section 56-5-2951(J) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(J)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed, or enrolled in a college or university, or enrolled in an Alcohol and Drug Safety Action Program. The special restricted license shall permit permits him to drive during the period of suspension only to and from work and his place of education, and in the course of his employment or education, or to and from an Alcohol and Drug Safety Action Program in which he is enrolled during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the individual that he is employed or enrolled in a college, or university, or an Alcohol and Drug Safety Action Program, that he lives further than one mile from his place of employment, or education, or Alcohol and Drug Safety Action Program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or Alcohol and Drug Safety Action Program.

(2)   If the department issues a special restricted driver's license, it shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, participation in an Alcohol and Drug Safety Action Program, or residence must be reported immediately to the department by the licensee.

(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, Alcohol and Drug Safety Action Program, or residence is twenty dollars.

(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460. A person who does not have in his possession while driving a certified copy of the approved route and display it upon demand to a law enforcement officer pursuant to Section 56-1-749 is subject to the penalties provided for in that section."

SECTION   6.   Section 56-5-2951 of the 1976 Code, as last amended by Act 390 of 2000, is further amended by adding:

"(S)   If the holder of a temporary alcohol restricted license receives a subsequent suspension pursuant to this section, the temporary alcohol restricted license must be revoked, and the remaining suspension period for which the temporary alcohol restricted license was issued must be imposed. The holder is not eligible for any other license until the suspension for which the temporary alcohol restricted license was issued has been either served completely or rescinded."

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

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the committee amendment.

The committee amendment was adopted, as amended.

The question then was the second reading of the Bill.

Senator ANDERSON objected to further consideration of the Bill.

Expression of Personal Interest

Senator HAWKINS rose for an Expression of Personal Interest.

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.

MOTION ADOPTED

On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Norman Vester Conner of Alvin, S.C., co-owner and operator of Rock Road Convenience and Tackle Shop.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 27, 2001, it stand adjourned to meet next Tuesday, May 1, 2001, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:40 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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