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


Printed Page 2500 . . . . . Tuesday, June 5, 2001

Tuesday, June 5, 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 word from Genesis 13:14ff:

"The Lord said to Abram after Lot had separated from him... Arise, walk through the length and breadth of the land, for I will give it to you."
Let us pray.

Our Father, You show us Your wonder and power in the mystery of the night and the day, the sun and the wind and the rain, the changing seasons, seed time and harvest.

Grant, O Father, that everything we see in this world and everything we experience of Your grace may turn our thoughts to You, our Maker, our Sustainer... our Judge.

So, whether in this life we walk with the great of the earth, or with the numberless, nameless masses of human beings, help us to know what it means to walk with You:

"We walk by faith and not by sight;

with gracious words draw near,

O Lord, who spoke as none e'er spoke:

'My peace be with you here'."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable James H. Hodges:

Local Appointment

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2001, and to expire April 24, 2005


Printed Page 2501 . . . . . Tuesday, June 5, 2001

Charleston County

Louis C. Mintz, 304 Morrison Street, Mount Pleasant, S.C. 29464 VICE Susan Dunn

Leave of Absence

At 3:00 P.M., Senator COURSON requested a leave of absence from 4:30 - 8:00 P.M. today.

Leave of Absence

At 3:05 P.M., Senator O'DELL requested a leave of absence beginning at 5:00 P.M. today and lasting until 10:00 A.M. Wednesday morning.

RECALLED FROM THE LOCAL DELEGATION
AMENDED, READ THE SECOND TIME

H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Berkeley County Delegation.

There was no objection.

The Bill was recalled from the local delegation.

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

Senator GROOMS proposed the following amendment (PT\1579DW01), which was adopted:

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

/ SECTION   1.   (A)   Except as provided in subsection (B), all appointments or recommendations for appointments to offices, boards, and commissions affecting only Berkeley County which by statute or resolution are made by or upon the recommendation of the House Delegation, Senate Delegation, or Joint Legislative Delegation of


Printed Page 2502 . . . . . Tuesday, June 5, 2001

Berkeley County must be made by or upon the recommendation of a majority of the members of the governing body of Berkeley County.

(B)   The application of subsection (A) does not include:

(1)   any office elected by the members of the General Assembly in joint session or any office, board, or commission appointed, elected, or recommended by members of the General Assembly for a position representing a judicial circuit or congressional district;

(2)   any recommendation for a magistrate appointed as provided in Section 22-1-10 of the 1976 Code;

(3)   members of the Board of Elections and Voter Registration of Berkeley County;

(4)   members of the county transportation committee as provided in Section 12-28-2740 of the 1976 Code;

(5)   appointments to the Area Commission on Technical Education as provided in Section 59-53-410 of the 1976 Code;

(6)   any board or commission that has members representing counties other than Berkeley County;

(7)   any recommendation for a master-in-equity for Berkeley County as provided in Section 14-11-20 of the 1976 Code; or

(8)   any offices, boards, and commissions whose duties and responsibilities are totally within the boundaries of a municipality, which appointments must be made by the governing body of the municipality in which is located a majority of the customers served by that office, board, or commission.

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

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

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

H. 3294--Ordered to a Third Reading

On motion of Senator GROOMS, with unanimous consent, H. 3294 was ordered to receive a third reading on Wednesday, June 6, 2001.


Printed Page 2503 . . . . . Tuesday, June 5, 2001

RECALLED FROM THE LOCAL DELEGATION
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3889 (Word version) -- Reps. Cotty, Sheheen, J.M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Kershaw County Delegation.

There was no objection.

The Bill was recalled from the local delegation.

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

On motion of Senator HOLLAND, the Bill was given a second reading with notice of general amendments, and ordered placed on the third reading Calendar.

RECALLED, AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4143 (Word version) -- Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.

Senator HUTTO asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Judiciary.

There was no objection.


Printed Page 2504 . . . . . Tuesday, June 5, 2001

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

There was no objection.

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

Senators HUTTO and ALEXANDER proposed the following amendment (GGS\22171CM01), which was adopted:

Amend the joint resolution, as and if amended, by striking SECTION 1 in its entirety and inserting:

/ SECTION   1.   Notwithstanding any other provision of law, the State Law Enforcement Division is not required to implement the provisions of Section 56-5-2934 as contained in SECTION 9 of Act 390 of 2000 pertaining to the compulsory process for obtaining witnesses including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to Chapter 5 of Title 56 of the 1976 Code, until the time the General Assembly is adequately able to fund the program or by December 31, 2002, whichever first occurs. Provided, however, by December 31, 2002, the State Law Enforcement Division must have at least three state employees trained and prepared for the purpose of appearing in court and testifying on the maintenance of breath testing devices and the administration of breath testing pursuant to Chapter 5, Title 56 of the 1976 Code. /

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

Message from the House

Columbia, S.C., May 30, 2001

Mr. President and Senators:

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


Printed Page 2505 . . . . . Tuesday, June 5, 2001

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 41--CONFERENCE COMMITTEE APPOINTED

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER


Printed Page 2506 . . . . . Tuesday, June 5, 2001

CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

On motion of Senator ALEXANDER, the Senate insisted upon its amendments to S. 41 and asked for a Committee of Conference.

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

Message from the House

Columbia, S.C., June 4, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Catoe, Law and Wilder to the Committee of Conference on the part of the House on:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH


Printed Page 2507 . . . . . Tuesday, June 5, 2001

OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Very respectfully,

Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 730 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND MANY FRIENDS OF DR. BARBARA FEINN WISSIG, FORMER CHIEF STATE ECONOMIST OF THE BOARD OF ECONOMIC ADVISORS, UPON HER DEATH.
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The Senate Resolution was adopted.

S. 731 (Word version) -- Senator Passailaigue: A SENATE RESOLUTION TO CONGRATULATE MR. BOB BELDEN OF GOOSE CREEK, SOUTH CAROLINA, WHO AS A JAZZ MUSICIAN HAS TURNED HIS OUTSTANDING TALENT INTO BECOMING A THREE-TIME GRAMMY AWARD WINNER.
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The Senate Resolution was adopted.

S. 732 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 507 OF 1996, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF ADDITIONAL OFFICERS, THE EMPLOYMENT OF A DIRECTOR AND STAFF POSITIONS, AUTHORIZE THE BOARD TO ADOPT BYLAWS, AND ESTABLISH ATTENDANCE REQUIREMENTS.
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Printed Page 2508 . . . . . Tuesday, June 5, 2001

Read the first time and, on motion of Senator GROOMS, with unanimous consent, ordered placed on the Local and Uncontested Calendar.

S. 733 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. GEORGE DEAN JOHNSON, JR. OF SPARTANBURG FOR HIS KEY ROLE IN BRINGING A NEW YORK STOCK EXCHANGE COMPANY'S HEADQUARTERS TO SPARTANBURG AND TO EXPRESS THE DEEPEST GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS GENEROUS SUPPORT AND MANY CONTRIBUTIONS TO SPARTANBURG AND THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 734 (Word version) -- Senators Matthews and Pinckney: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND LEONARD ERVIN DAWSON, PH.D., OF DENMARK FOR HIS DEDICATION TO LEARNING, COMMITMENT TO EXCELLENCE, AND MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THE NATION AS A LEADER IN THE FIELD OF EDUCATION, TO ESPECIALLY THANK HIM FOR HIS MANY YEARS OF LEADERSHIP AND DISTINGUISHED SERVICE AS PRESIDENT OF VOORHEES COLLEGE, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS IN THE YEARS AHEAD ON THE OCCASION OF HIS RETIREMENT FROM HIS DISTINGUISHED POST AT VOORHEES COLLEGE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 735 (Word version) -- Senators Jackson and Patterson: A SENATE RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SENATE TO REVEREND BLAKELY N. SCOTT AND THE MEMBERS OF ZION MOUNT MORIAH BAPTIST CHURCH OF RICHLAND COUNTY AS THEY DEDICATE THE CHURCH'S NEW SANCTUARY ON JUNE 24, 2001.
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The Senate Resolution was adopted.


Printed Page 2509 . . . . . Tuesday, June 5, 2001

S. 736 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MS. HATTIE WAYMYERS FOR HER DEDICATED AND OUTSTANDING SERVICE AS THE GRESSETTE BUILDING CANTEEN MANAGER AND TO WISH HER AND HER FAMILY MANY YEARS OF HEALTH AND HAPPINESS ON THE OCCASION OF HER RETIREMENT.
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Whereas, Ms. Hattie Waymyers will soon be ending her duties in the Gressette canteen, but she will not soon be forgotten thanks to her hard work and good cheer, which helped all who entered the Gressette canteen make it through the day; and

Whereas, Ms. Hattie Waymyers is a native of Charleston County, and she is the proud and loving mother of her son, James Antonio (Tony) Waymyers; and

Whereas, Ms. Hattie has been providing meals, snacks, and smiles to all as manager of the Gressette canteen since August 5, 1988, and she will be greatly missed by those who have enjoyed her good food and friendly service for so many years; and

Whereas, she is a warm and personable lady who never meets a stranger. The respect in which Ms. Hattie is held is evidenced by her service as vice president and secretary of the South Carolina Federation of the Blind. She is also the recipient of the Archie D. Croft Award from the American Council for the Blind and the Donald Capps Award from the National Federation of the Blind of South Carolina; and

Whereas, the members of the Senate wish to express their deepest appreciation to Ms. Hattie for all her efforts to make the Gressette canteen one of the best in state government. The members of the Senate also hope that she finds happiness in her future endeavors and want her to know that she will always hold a special place in the hearts of her family, friends, and co-workers at the Gressette Building and throughout the State Capitol Complex. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate, by this resolution, express their sincere gratitude to Ms. Hattie Waymyers for her dedicated and outstanding service as the Gressette Building Canteen Manager and wish her and her family many years of health and happiness on the occasion of her retirement.

Be it further resolved that a copy of this resolution be forwarded to Ms. Hattie Waymyers.


Printed Page 2510 . . . . . Tuesday, June 5, 2001

The Senate Resolution was adopted.

S. 737 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE STATE OF SOUTH CAROLINA AND ITS GENERAL ASSEMBLY AT THE DEATH OF FORMER LIEUTENANT GOVERNOR NANCY STEVENSON, AND MEMORIALIZING HER MANY AND VARIED CONTRIBUTIONS TO THIS STATE, BOTH AS A PUBLIC SERVANT AND AS A WOMAN.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4239 (Word version) -- Rep. Riser: A CONCURRENT RESOLUTION TO COMMEND MR. TOBIN CASSELS OF LEXINGTON COUNTY FOR HIS MANY YEARS OF OUTSTANDING PERFORMANCE AS AN EMPLOYEE OF SOUTHEASTERN FREIGHT LINES AND TO CONGRATULATE HIM ON BEING NAMED THE COMPANY'S PRESIDENT.

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

H. 4240 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION AND HIGH REGARDS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO AN EXTRAORDINARY YOUNG MAN, RICHIE PARKER OF BEAUFORT, SOUTH CAROLINA, FOR HIS UNYIELDING DEDICATION TO OVERCOME HIS DISABILITIES BY TURNING OBSTACLES INTO CHALLENGES AND HIS INNATE ABILITY TO INSPIRE LIFE AND JOY INTO THE HEARTS OF OTHERS.

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

H. 4247 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO COMMEND AND HONOR RUTH DELORIS CARSON OF FLORENCE, SOUTH CAROLINA, UPON HER RETIREMENT AS HOUSING MANAGER OF THE PELICAN HOUSE AND TO WISH HER THE BEST OF LUCK IN HER FUTURE ENDEAVORS.

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


Printed Page 2511 . . . . . Tuesday, June 5, 2001

REPORTS OF STANDING COMMITTEES

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

H. 3048 (Word version) -- Reps. Campsen, Littlejohn, Altman, Davenport, Simrill, Delleney, Clyburn, Robinson, Owens, Loftis, Leach, Hamilton, Vaughn, Knotts and Bingham: A BILLTO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS EDUCATION ACT", TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS INSTRUCTION, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD STUDENTS ELECTIVE CARNEGIE UNITS FOR COMPLETION OF RELEASED TIME IN RELIGIOUS INSTRUCTION CLASSES.

Ordered for consideration tomorrow.

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

H. 3174 (Word version) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE AND BRING ATTENTION TO THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME AS PROVIDED BY LAW, AND TO PROVIDE THAT ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS, GUARDIANS, AND TEACHERS SHALL BE ADMITTED WITHOUT CHARGE TO ALL PARKS, MUSEUMS, SCIENCE CENTERS, PLANETARIUMS, AND EDUCATIONAL FACILITIES OWNED BY OR UNDER THE CONTROL OF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION WHICH CHARGES A FEE FOR ADMISSION IN


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ORDER TO FURTHER THE EDUCATIONAL OPPORTUNITIES OF HOME SCHOOL STUDENTS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Transportation polled out H. 3933 favorable with amendment:

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE


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HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

Poll of the Transportation Committee
Polled 17; Ayes 16; Nays 0; Not Voting 1

AYES

Wilson                    Leatherman                Land
McGill                    Elliott                   Ryberg
Rankin                    Short                     Grooms
Ford                      Jackson                   Bauer
Richardson                Ritchie                   Hawkins
Verdin

TOTAL--16

NAYS

TOTAL--0

NOT VOTING

Leventis

TOTAL--1

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 728 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO COMMEND RICHIE PARKER OF BEAUFORT FOR HIS EFFORTS TO OVERCOME THE PHYSICAL CHALLENGES THAT LIFE HAS PRESENTED HIM AND TO CONGRATULATE HIM ON HIS


Printed Page 2514 . . . . . Tuesday, June 5, 2001

NUMEROUS ACCOMPLISHMENTS AS A STUDENT AND AS A CITIZEN OF THIS STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 737 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE STATE OF SOUTH CAROLINA AND ITS GENERAL ASSEMBLY AT THE DEATH OF FORMER LIEUTENANT GOVERNOR NANCY STEVENSON, AND MEMORIALIZING HER MANY AND VARIED CONTRIBUTIONS TO THIS STATE, BOTH AS A PUBLIC SERVANT AND AS A WOMAN.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following 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. 4214 (Word version) -- Rep. Battle: A BILL TO AUTHORIZE THE MARION COUNTY BOARD OF EDUCATION TO CONSOLIDATE MARION COUNTY SCHOOL DISTRICTS THREE AND FOUR, TO PROVIDE THAT THE CONSOLIDATED DISTRICT MAY BE KNOWN AS "MARION COUNTY SCHOOL DISTRICT SEVEN", AND TO PROVIDE FOR THE BOARD OF TRUSTEES OF SUCH CONSOLIDATED SCHOOL DISTRICT.

By prior motion of Senator GLOVER

HOUSE BILLS RETURNED

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

H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE


Printed Page 2515 . . . . . Tuesday, June 5, 2001

ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.

By prior motion of Senator THOMAS, with unanimous consent

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3974 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, TO MAKE CERTAIN CHANGES; TO AMEND SECTIONS OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT AND OTHER PROVISIONS, TO MAKE CERTAIN CHANGES; TO AMEND SECTIONS OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSURANCE, TO MAKE CERTAIN CHANGES. (ABBREVIATED TITLE).

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

There was no objection.

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

Senator THOMAS proposed the following amendment (3974DRIV3), 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 56-1-315.   (A)   A person who violates Section 56-1-460, driving under suspension, while his driver's license is suspended because of an out-of-state motor vehicle violation must, upon conviction, be punished as follows:

(1)   for a first offense, fined five hundred dollars, and a second notice of suspension must be issued, in writing, at the incident cite;

(2)   for a second offense, fined one thousand dollars;


Printed Page 2516 . . . . . Tuesday, June 5, 2001

(3)   for a third offense, fined one thousand five hundred dollars; and

(4)   for a fourth and subsequent offense, fined two thousand dollars.

(B)   Notwithstanding any other provision of law, the Department of Public Safety must dismiss a charge of driving under suspension if the person whose license is suspended obtains a resolution to the out-of-state motor vehicle violation that is considered satisfactory by the Department of Public Safety."   /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Senator THOMAS proposed the following amendment (NBD\11773AC01), which was adopted:

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

/SECTION   __.   Section 38-11-40(i) of the 1976 Code, as amended by Act 181 of 1993, is further amended by adding at the end:

"(4)   If a life insurer, in obligations, or in commercial paper or bankers' acceptances, or similar evidences of indebtedness customarily issued at a discount from principal value, issued, assumed, or guaranteed by any business entity created or existing under the laws of the United States, or any state, which are not in default as to principal or interest; provided, that either the obligation is or the issuing, assuming or guaranteeing business entity's or business entities' long-term obligations are rated one of the four highest grades by any of the nationally recognized statistical rating organizations recognized by the NAIC-SVO or one or two by the NAIC-SVO.

As used in this subitem, 'business entity' means a sole proprietorship, corporation, limited liability company, association, general or limited partnership, joint stock company, joint venture, mutual fund, bank, trust, real estate investment trust, joint tenancy, or other similar form of business organization, whether organized for-profit or not-for-profit.

As used in this subitem, 'obligation' means a bond, note, debenture, trust certificate including an equipment trust certificate, production payment, negotiable bank certificate of deposit, bankers' acceptance,


Printed Page 2517 . . . . . Tuesday, June 5, 2001

asset-backed security, credit tenant loan, loan secured by financing a net lease or net leases, and other evidence of indebtedness for the payment of money (or participations, certificates or other evidences of an interest in any of the foregoing), whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment."

SECTION   __.   Section 38-11-40 of the 1976 Code, as amended by Act 181 of 1993 is further amended by adding at the end:

"(t)   If a life insurer, foreign investments, other than Canadian investments, of substantially the same types as those that an insurer is permitted to acquire under this chapter."

SECTION   __.   Section 38-11-50(A)(4) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(4)   Investments in Section 38-11-40(i)(1), (2), and(3) in the aggregate may not exceed sixty-six and two-thirds percent of the insurer's policyholder obligations, nor may. However, investments in Section 38-11-40(i)(4) may exceed sixty-six and two-thirds percent of the insurer's policyholder obligations. Not more than ten percent of the insurer's policyholder obligations may be invested in one investment under Section 38-11-40(i)."

SECTION   __.   Section 38-11-50(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding item (12) to read:

"(12)   Investments authorized pursuant to Section 38-11-40(t) may not exceed twenty percent of the insurer's policyholder obligations, and the aggregate amount of such investments in a single foreign jurisdiction may not exceed ten percent of its policyholder obligations as to a foreign jurisdiction that has a sovereign debt rating of SVO1, or an equivalent rating by a nationally recognized statistical rating organization recognized by the SVO, or three percent of its policyholder obligations as to any other foreign jurisdiction."/

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

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


Printed Page 2518 . . . . . Tuesday, June 5, 2001

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:

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.

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

There was no objection.

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

Senator FAIR asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.


Printed Page 2519 . . . . . Tuesday, June 5, 2001

The Bill was ordered placed on the third reading Calendar.

SECOND READING BILL

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

S. 729 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.

By prior motion of Senator MATTHEWS, with unanimous consent

H. 3731 (Word version) -- Reps. Cato, Chellis, Allen, Bales, Barfield, Barrett, Battle, J. Brown, Carnell, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Easterday, Freeman, Harrison, Hinson, Huggins, Klauber, Leach, Lee, Littlejohn, Loftis, Lucas, Mack, McCraw, Miller, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Sandifer, Simrill, Snow, Taylor, Vaughn, Webb, Whatley and Wilkins: A BILL TO AMEND SECTION 40-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR CONDUCTING EXAMINATIONS FOR LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS SO AS TO REVISE TIME FRAMES FOR PROVIDING NOTICE OF EXAMINATION DATES AND FOR SUBMITTING APPLICATIONS FOR EXAMINATION, TO REVISE REFERENCES TO THE TYPE OF EXAMINATIONS TO BE GIVEN, AND TO AUTHORIZE THE BOARD TO ENGAGE THIRD PARTIES TO ASSIST WITH ADMINISTRATIVE RESPONSIBILITIES FOR ADMINISTERING EXAMINATIONS; AND TO AMEND SECTION 40-2-550, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REVISE A REFERENCE TO WRITTEN EXAMINATIONS.


Printed Page 2520 . . . . . Tuesday, June 5, 2001

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

There was no objection.

H. 3731--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 3731 was ordered to receive a third reading on Wednesday, June 6, 2001.

H. 4060 (Word version) -- Reps. Limehouse, Harrell, Ott, Owens, Scarborough and D.C. Smith: A BILL TO AMEND SECTION 50-5-1705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM FIVE FISH IN POSSESSION PER DAY TO ONE FISH IN POSSESSION PER DAY; AND TO AMEND SECTION 50-5-1710, RELATING TO SIZE LIMITS FOR RED DRUM AND CERTAIN OTHER FISH, SO AS TO CHANGE THE MINIMUM SIZE LIMIT FOR RED DRUM FROM FOURTEEN INCHES TO SEVENTEEN INCHES AND PROVIDE THAT IT IS UNLAWFUL TO TAKE RED DRUM OF LESS THAN SEVENTEEN INCHES IN TOTAL LENGTH, OR MORE THAN TWENTY-SEVEN INCHES IN TOTAL LENGTH.

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

There was no objection.

AMENDED, READ THE SECOND TIME

H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTEE INVESTMENT ACT; TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; AND TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED


Printed Page 2521 . . . . . Tuesday, June 5, 2001

CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT.

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

There was no objection.

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

Senators McCONNELL and HAYES proposed the following amendment (JUD4044.001), which was adopted:

Amend the bill, as and if amended, page 36, beginning on line 28, in SECTION 3, by striking line 28 through line 43 on page 37 and inserting therein the following:

/   Section 62-7-431.   In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 62-7-432.   (A)   A court must not change a fiduciary's decision to exercise or not to exercise a discretionary power conferred by this part unless it determines that the decision was an abuse of the fiduciary's discretion. A court shall not determine that a fiduciary abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.

(B)   The decisions subject to subsection (A) include a determination:

(1)   pursuant to Section 62-7-404(A) of whether and to what extent an amount should be transferred from principal to income or from income to principal; and

(2)   of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors, in deciding whether and to what extent to exercise the power in Section 62-7-404(A).

(C)   If a court determines that a fiduciary has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the fiduciary had not abused its discretion, according to the following rules:

(1)   to the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution that is too small, the court must require the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position;


Printed Page 2522 . . . . . Tuesday, June 5, 2001

(2)   to the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court must restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the fiduciary to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary to return some or all of the distribution to the trust;

(3)   to the extent that the court is unable, after applying items (1) and (2), to restore the beneficiaries, the trust, or both, to the positions they would have occupied if the fiduciary had not abused its discretion, the court may require the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust or both.

(D)   Upon a petition by the fiduciary, the court having jurisdiction over the trust or estate must determine whether a proposed exercise or nonexercise by the fiduciary of a discretionary power in this part results in an abuse of the fiduciary's discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies, and an explanation of how the income and remainder beneficiaries are affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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. 4044--Ordered to a Third Reading

On motion of Senator HAYES, with unanimous consent, H. 4044 was ordered to receive a third reading on Wednesday, June 6, 2001.

ADOPTED

H. 3945 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME "SCOTT ROAD" IN THE TOWN OF LAKE VIEW IN


Printed Page 2523 . . . . . Tuesday, June 5, 2001

DILLON COUNTY "STEPHEN DAVID SCOTT ROAD" TO HONOR MR. STEPHEN DAVID SCOTT, A DISTINGUISHED DILLON COUNTY EDUCATOR, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD CONTAINING THE WORDS "STEPHEN DAVID SCOTT ROAD".

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

COMMITTTED TO THE LOCAL DELEGATION

S. 727 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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

Senator J. VERNE SMITH asked unanimous consent to commit the Bill to the local delegation.

There was no objection.

The Bill was committed to the Greenville County Delegation.

DEBATE INTERRUPTED

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE


Printed Page 2524 . . . . . Tuesday, June 5, 2001

USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

The Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN was recognized to explain the Report of the Committee of Conference.

Senator MOORE was recognized to explain the Report of the Committee of Conference.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by the recess, with Senator MOORE retaining the floor.


Printed Page 2525 . . . . . Tuesday, June 5, 2001

RECESS

At 12:55 P.M., with Senator MOORE retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled, at 2:30 P.M., and was called to order by the ACTING PRESIDENT, Senator ALEXANDER.

RECESS

At 2:31 P.M., in the absence of a quorum, on motion of Senator GIESE, the Senate receded from business until 2:45 P.M.

At 2:45.M., the Senate resumed.

ACTING PRESIDENT PRESIDES

At 2:45 P.M., Senator ALEXANDER assumed the Chair.

Motion to Ratify Adopted

At 2:46 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 2:50 P.M.

There was no objection and a message was sent to the House accordingly.

Point of Quorum

At 2:47 P.M., Senator HUTTO made the point that a quorum was not present. It was ascertained that a quorum was not present.

PRESIDENT PRESIDES

At 2:50 P.M., the PRESIDENT assumed the Chair.

Call of the Senate

Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson

Printed Page 2526 . . . . . Tuesday, June 5, 2001

Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Pinckney                  Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep
Wilson

A quorum being present, the Senate resumed.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 5, 2001, at 2:50 P.M. and the following Acts and Joint Resolutions were ratified:

(R94, S. 87 (Word version)) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: AN ACT TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HUNT FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY IF THE PERSON DOES NOT HAVE PERMISSION TO HUNT THE LAND IMMEDIATELY ADJACENT TO THE PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY; TO PROVIDE DEFINITIONS OF "HUNTING", "POSSESSING", "CARRYING", "HAVING READILY ACCESSIBLE", AND "LOADED" FOR PURPOSES OF THIS SECTION; TO PROVIDE "POSSESSING", "CARRYING", AND "HAVING READILY ACCESSIBLE" DO NOT INCLUDE A CENTERFIRE RIFLE OR SHOTGUN CONTAINED IN A CLOSED COMPARTMENT, A CLOSED VEHICLE TRUNK, OR A VEHICLE TRAVELING ON A PUBLIC ROAD; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R95, S. 130 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO MAKE RETROACTIVE PAYMENTS OF OUTSTANDING VOUCHERS IN THE OFFICE OF INDIGENT DEFENSE'S APPELLATE CONFLICT FUND FROM JULY 1, 1993, THROUGH JULY 31, 2000, FOR TOTAL REIMBURSEMENT NOT


Printed Page 2527 . . . . . Tuesday, June 5, 2001

EXCEEDING THIRTY-FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT REQUESTS FOR COMPENSATION MUST BE SUBMITTED NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PROVISION.
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(R96, S. 147 (Word version)) -- Senators Hawkins, Waldrep and Ritchie: AN ACT TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT OTHER THAN WILFUL VIOLATIONS SUCH PENALTIES MAY ONLY BE IMPOSED FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
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(R97, S. 211 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
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(R98, S. 248 (Word version)) -- Senators Martin, Leventis, Gregory, Branton and Alexander: AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-1340 SO AS TO PROVIDE THAT IS UNLAWFUL TO USE CRAB POTS FOR COMMERCIAL PURPOSES IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY


Printed Page 2528 . . . . . Tuesday, June 5, 2001

PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT HUNTING, FISHING, BAG AND CREEL LIMITS, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, GATHERING PLANTS, USE OF FIRE, POLLUTING WATER, ACTING IN A DISORDERLY MANNER, AND OPERATING OR USING AUDIO DEVICES OR ANY OTHER NOISE PRODUCING DEVICES IN SUCH A MANNER TO DISTURB OTHER PERSONS ARE UNLAWFUL ON LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; TO PROVIDE THAT THE DEPARTMENT MAY ALSO PROMULGATE EMERGENCY REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
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(R99, S. 249 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
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(R100, S. 315 (Word version)) -- Senator Thomas: AN ACT TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT PREPARATION PROGRAM WHICH REQUIRES THE SOUTH


Printed Page 2529 . . . . . Tuesday, June 5, 2001

CAROLINA DEPARTMENT OF CORRECTIONS TO COORDINATE ITS EFFORTS WITH THE EMPLOYMENT SECURITY COMMISSION, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE ALSTON WILKES SOCIETY, AND OTHER PRIVATE SECTOR ENTITIES THROUGH A MEMORANDUM OF UNDERSTANDING TO ASSIST INCARCERATED INDIVIDUALS IN PREPARING FOR MEANINGFUL EMPLOYMENT UPON THEIR RELEASE FROM CONFINEMENT; AND TO AMEND TITLE 43, CHAPTER 31, RELATING TO THE STATE'S PROVISIONS OF VOCATIONAL REHABILITATION, BY ADDING SECTION 43-31-160 SO AS TO PROVIDE THAT THE DEPARTMENT OF VOCATIONAL REHABILITATION HAS THE ADDITIONAL RESPONSIBILITY OF PROVIDING SERVICES TO INDIVIDUALS WHO HAVE COMMITTED CRIMINAL OFFENSES AND ARE OR HAVE BEEN INCARCERATED IN THE DEPARTMENT OF CORRECTIONS WHEN THESE INDIVIDUALS SUFFER FROM PHYSICAL OR MENTAL DISABILITIES THAT MAY CONSTITUTE A SUBSTANTIAL HANDICAP TO EMPLOYMENT.
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(R101, S. 318 (Word version)) -- Senator Gregory: AN ACT TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF FISH, BY ADDING SECTION 50-13-237 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST STRIPED BASS AND STRIPED BASS HYBRIDS IN THE SAVANNAH RIVER FROM THE AUGUSTA DIVERSION DAM DOWNSTREAM TO FIELDS CUT AND THE ATLANTIC INTRACOASTAL WATERWAY, AND TO PROVIDE FOR THE EXPIRATION OF THE HARVEST RESTRICTION.
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(R102, S. 339 (Word version)) -- Senators Ryberg, Grooms, Branton, Waldrep, Fair, Thomas, Leatherman, Wilson, Hayes, Giese, Gregory and Verdin: AN ACT 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


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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, SECOND DEGREE, THAT DOES NOT INCLUDE INTERCOURSE, TO PROVIDE AN OFFENSE OF FALSELY REPORTING SEXUAL MISCONDUCT, AND TO PROVIDE A OFFENSE OF FAILURE TO REPORT KNOWLEDGE RECEIVED IN ONE'S PROFESSIONAL CAPACITY OF SEXUAL MISCONDUCT.
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(R103, S. 390 (Word version)) -- Senator Reese: AN ACT TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40, 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 IDENTIFICATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN A FIREFIGHTER'S FILE MAY BE RELEASED BY THE OFFICE OF THE STATE FIRE MARSHAL, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, OR AN INDIVIDUAL ENGAGED IN FIREFIGHTING DUTIES DURING A DECLARED STATE OF EMERGENCY, 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 MARSHAL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF


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FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHAL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REDIRECT THE FIRE INSURANCE PREMIUMS TAX IMPOSED FOR DEBT SERVICE TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BE USED FOR CAPITAL IMPROVEMENTS, AND SUPPORT AT THE STATE FIRE ACADEMY, IMPLEMENTATION OF THE FIREFIGHTER EMPLOYMENT AND REGISTRATION ACT, REGIONAL SERVICE DELIVERY OF PUBLIC FIREFIGHTER EDUCATION AND TRAINING, FIRE PREVENTION SERVICES, AND PUBLIC GRANTS TO ENTITIES PROVIDING FIRE AND LIFE SAFETY EDUCATION.
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(R104, S. 459 (Word version)) -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
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(R105, S. 469 (Word version)) -- Senators Martin, Fair and McConnell: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-5 SO AS TO ABROGATE THE COMMON LAW "YEAR-AND-A-DAY RULE" IN THIS STATE AND PROVIDE THAT A PERSON CAUSING BODILY INJURY RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 50-21-115, AS AMENDED, 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 AND PROVIDE THAT A PERSON CAUSING BODILY INJURY


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RESULTING IN DEATH BY OPERATION OF A BOAT IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE BY DRIVING A VEHICLE, SO AS TO DELETE LANGUAGE REQUIRING DEATH TO HAVE OCCURRED WITHIN ONE YEAR AS A PROXIMATE CAUSE RESULT OF AN INJURY AND PROVIDE THAT A PERSON CAUSING BODILY INJURY BY DRIVING A VEHICLE RESULTING IN DEATH IS NOT CRIMINALLY RESPONSIBLE AND MUST NOT BE PROSECUTED FOR RECKLESS HOMICIDE IF THREE YEARS INTERVENE BETWEEN THE INJURY AND THE DEATH OF THE VICTIM.
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(R106, S. 488 (Word version)) -- Senator Ryberg: AN ACT 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.
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(R107, S. 489 (Word version)) -- Senator McConnell: AN ACT 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.
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(R108, S. 492 (Word version)) -- Senators McConnell and Giese: AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF


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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 MUST PROVIDE A SAMPLE FOR THE STATE DNA DATABASE.
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(R109, S. 570 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2541, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R110, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO CREATE A FELONY FOR WEARING BODY ARMOR WHEN COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME 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 AND CRITERIA FOR GAINING AN EXCEPTION BY PETITIONING 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.
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(R111, S. 585 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO CRIMINAL JUSTICE INFORMATION SYSTEM, DESIGNATED AS REGULATION


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DOCUMENT NUMBER 2533, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R112, S. 627 (Word version)) -- Senator Saleeby: AN ACT TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.
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(R113, S. 713 (Word version)) -- Senators Verdin and O'Dell: AN ACT TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
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(R114, H. 3290 (Word version)) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: AN ACT TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION


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40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO CLARIFY THAT PHARMACEUTICAL AGENTS INCLUDE ORAL AND TOPICALLY APPLIED MEDICATIONS, TO REQUIRE THAT PATIENT CHART DOCUMENTATION, CONSULTATIONS, AND REFERRALS TO BE IN KEEPING WITH THE STANDARD OF CARE REQUIRED OF PHYSICIANS, TO REQUIRE AN OPTOMETRIST PRESCRIBING TOPICAL STEROIDS TO COMMUNICATE WITH AN OPHTHALMOLOGIST AFTER TWENTY-ONE DAYS, RATHER THAN TEN DAYS, IF IT IS NECESSARY TO CONTINUE THE MEDICATION, AND TO DELETE PROVISIONS REQUIRING CONSULTATIONS WITH A PHYSICIAN WHEN TREATING GLAUCOMA WITH BETA BLOCKERS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO REFERRALS, TREATMENT, AND SURGERY, SO AS TO REQUIRE PATIENT CHART DOCUMENTATION, CONSULTATIONS, AND REFERRALS TO BE IN KEEPING WITH THE STANDARD OF CARE REQUIRED OF PHYSICIANS AND TO CLARIFY WHEN REFERRALS MUST BE MADE TO AN OPHTHALMOLOGIST WHEN TREATING GLAUCOMA.
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(R115, H. 3516 (Word version)) -- Rep. Altman: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
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(R116, H. 3529 (Word version)) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: AN ACT TO AMEND SECTION 59-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF "TUITION"; TO AMEND SECTION 59-4-40, AS AMENDED, RELATING TO THE REVOLVING FUND UNDER THE TUITION PAYMENT PROGRAM, SO AS TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR


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ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND ARE EXEMPT FROM LEGAL PROCESS AND ARE UNASSIGNABLE, AND TO FURTHER PROVIDE FOR THE INVESTING OF MONIES IN THE FUND; TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME AND TO AMEND SECTION 59-4-100, RELATING TO TAX LIABILITY IN REGARD TO THE TUITION PREPAYMENT PROGRAM, SO AS TO PERMIT THE DEDUCTION FROM SOUTH CAROLINA INCOME OF CONTRIBUTIONS TO THE PROGRAM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE INVESTMENT TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO AN INVESTMENT TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
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(R117, H. 3624 (Word version)) -- Reps. Rodgers, Gilham, Lloyd and Rivers: AN ACT TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION HAS THE AUTHORITY TO SET THE ANNUAL SALARY AND PER DIEM FOR ITS MEMBERS AFTER CONSIDERATION OF THE ISSUE AT THREE PUBLIC REGULARLY SCHEDULED MONTHLY MEETINGS AND AFTER ALLOWING PUBLIC COMMENT ON THE ISSUE, TO PROVIDE THAT THE COMPENSATION MAY NOT EXCEED THE COMPENSATION PAID TO MEMBERS OF THE BEAUFORT COUNTY COUNCIL, TO PROVIDE FURTHER THAT AFTER DECEMBER 31, 2001, NO INCREASE IN SALARY OR PER DIEM FOR BOARD MEMBERS MAY TAKE EFFECT UNTIL AFTER THE NEXT GENERAL ELECTION FOR SCHOOL BOARD MEMBERS, AND TO PROVIDE THAT THE BOARD MAY ESTABLISH REASONABLE MILEAGE AND EXPENSE REIMBURSEMENTS FOR ITS MEMBERS WHICH MAY NOT EXCEED THE MILEAGE AND EXPENSE REIMBURSEMENT


Printed Page 2537 . . . . . Tuesday, June 5, 2001

AMOUNTS ESTABLISHED BY THE STATE FOR ITS EMPLOYEES.
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(R118, 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.
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(R119, H. 4020 (Word version)) -- Reps. Frye and Parks: AN ACT TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
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(R120, H. 4062 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.
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(R121, H. 4095 (Word version)) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY, DACUSVILLE MIDDLE, EASLEY HIGH, EAST END ELEMENTARY, FOREST ACRES ELEMENTARY, GETTYS MIDDLE, MCKISSICK ELEMENTARY, NORTHSIDE CHILD DEVELOPMENT, SIMPSON ACADEMY, AND WEST END ELEMENTARY BECAUSE OF A WATER LINE BREAK BE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL


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DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R122, H. 4146 (Word version)) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.
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POINT OF ORDER

S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND


Printed Page 2539 . . . . . Tuesday, June 5, 2001

SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.

The Senate resumed consideration of the Report of the Committee of Conference.

Senator MOORE was recognized to explain the Report of the Committee of Conference.

ACTING PRESIDENT PRESIDES

At 3:58 P.M., Senator McCONNELL assumed the Chair.

Senator MOORE continued speaking on the Report of the Committee of Conference.

ACTING PRESIDENT PRESIDES

At 4:00 P.M., Senator COURSON assumed the Chair.

Senator MOORE continued speaking on the Report of the Committee of Conference.

Senator McCONNELL was recognized to explain the Report of the Committee of Conference.

PRESIDENT PRESIDES

At 4:35 P.M., the PRESIDENT assumed the Chair.


Printed Page 2540 . . . . . Tuesday, June 5, 2001

Senator McCONNELL continued speaking on the Report of the Committee of Conference.

Senator PASSAILAIGUE spoke on the Report of the Committee of Conference.

Point of Order

Senator PASSAILAIGUE raised a Point of Order under Rule 37 that the report was out of order inasmuch as it had not been on the Desk for one statewide legislative day for consideration.

The PRESIDENT sustained the Point of Order.

OBJECTION

S. 727 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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

Senator J. VERNE SMITH objected.

OBJECTION

H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE


Printed Page 2541 . . . . . Tuesday, June 5, 2001

DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.

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

Senator LEATHERMAN objected.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2001, and to expire April 24, 2005

Charleston County

Louis C. Mintz, 304 Morrison Street, Mount Pleasant, S.C. 29464 VICE Susan Dunn

MOTION ADOPTED

On motion of Senators WILSON and BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Col. Jimmy Taylor of Cayce, S.C.

ADJOURNMENT

At 5:07 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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