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


Printed Page 951 . . . . . Tuesday, March 20, 2001

Tuesday, March 20, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words from Genesis, the first Book of the Bible, Chapter 11:4ff:

"Then they said, 'Come let us build ourselves a city, and a tower with its top in the heavens, and let us make a name for ourselves..."
Let us pray.

Our Father, it is about budget-building time! In the budget we begin to focus our minds and hearts upon our dreams and ambitions for our people, the reasons that brought us here in the first place.

The very wording in Genesis betrays the motives: "Let us build ourselves a city... let us make a name for ourselves."

Father, help us today and in coming days to examine our motives and clarify our dreams and aspirations!

Help us to distinguish between our needs and our wants!
Amen.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2583
Agency: Department of Insurance
1-23-110 et seq., 38-77-530
SUBJECT: South Carolina Reinsurance Facility Recoupment
Received by Lieutenant Governor January 29, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration May 29, 2001


Printed Page 952 . . . . . Tuesday, March 20, 2001

Doctor of the Day

Senator LEVENTIS introduced Dr. William F. Ward, Jr. of Sumter, S.C., Doctor of the Day.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

CO-SPONSOR ADDED

S. 406 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE


Printed Page 953 . . . . . Tuesday, March 20, 2001

INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 406.

CO-SPONSOR ADDED

S. 412 (Word version) -- Senators Leatherman, Land, Reese, Courson, Martin, Short, Peeler, O'Dell, Ryberg, McGill and Grooms: A BILL TO AMEND TITLE 56, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO RENTAL VEHICLES, AND TO DEFINE RENTAL VEHICLES FOR THIS PURPOSE.

On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of S. 412.

CO-SPONSORS ADDED

S. 328 (Word version) -- Senators Alexander, Wilson, Giese, J. Verne Smith, Grooms, Martin and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 37 SO AS TO PROVIDE THE "DO NOT CALL REGISTRY" AUTHORIZING THE DEPARTMENT OF CONSUMER AFFAIRS TO ESTABLISH A DATABASE OF RESIDENTIAL TELEPHONE SUBSCRIBERS WHO OBJECT TO RECEIVING CERTAIN TELEPHONE SOLICITATIONS, TO PROVIDE FOR THE OPERATION OF THE DATABASE BY THE DEPARTMENT, TO PROVIDE FOR FEES TO BE CHARGED TO PERSONS OR ENTITIES ACCESSING THE DATABASE, TO


Printed Page 954 . . . . . Tuesday, March 20, 2001

PROVIDE THAT THE FEES ARE USED TO MAINTAIN THE DATABASE, TO PROVIDE CIVIL PENALTIES FOR TELEPHONE SOLICITORS WHO CALL TELEPHONE NUMBERS ON THE REGISTRY MORE THAN ONCE IN A TWELVE-MONTH PERIOD, TO PROVIDE A STATUTE OF LIMITATIONS, AND TO PROVIDE THAT TELEPHONE CALLER IDENTIFICATION SERVICES ARE NOT LIABLE FOR VIOLATIONS OF THIS CHAPTER AND TELEPHONE COMPANIES ARE NOT RESPONSIBLE FOR THE CHAPTER'S ENFORCEMENT OR LIABLE FOR ERRORS OR OMISSIONS IN THE DATABASE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD THE DATABASE ESTABLISHED PURSUANT TO THIS CHAPTER; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO THE REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REFERENCE THE REQUIREMENTS OF THIS CHAPTER.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 328.

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 328.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 465 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO


Printed Page 955 . . . . . Tuesday, March 20, 2001

REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION.
l:\council\bills\swb\5180djc01.doc

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 466 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF


Printed Page 956 . . . . . Tuesday, March 20, 2001

THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE INFORMATION TECHNOLOGY AS A HEADQUARTERS-RELATED FUNCTION; TO AMEND SECTION 12-6-3500, RELATING TO RETIREMENT PLAN TAX CREDITS, SO AS TO DETERMINE THE TAXPAYER'S LIFE EXPECTANCY FROM THE TIME HE FIRST CLAIMS THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-6-3520, RELATING TO INCOME TAX CREDIT FOR HABITAT CONSTRUCTION, MAINTENANCE, AND MANAGEMENT, SO AS TO MAKE A TECHNICAL CLARIFICATION BY CROSS-REFERENCING SPECIFIC SECTIONS IMPOSING TAX LIABILITY AND TO ALLOW THE CREDIT TO A MEMBER OF A LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP; TO AMEND SECTIONS 12-10-30, 12-10-50, 12-10-80, AND 12-10-81, ALL AS AMENDED AND ALL RELATING TO THE ENTERPRISE ZONE ACT, SO AS TO CONFORM ITS PROVISIONS TO INCLUDE A JOB DEVELOPMENT CREDIT FOR THE TRAINING OR RETRAINING OF AN INFORMATION TECHNOLOGY EMPLOYEE, TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES AS QUALIFYING BUSINESSES, TO ADJUST THE HOURLY WAGE RANGES FOR DETERMINING THE JOB CREDIT PERCENTAGE, TO PROVIDE FOR PENALTIES FOR FAILURE TO TIMELY PAY TAXES, TO PROVIDE FOR INDEPENDENT CERTIFICATIONS OF SATISFACTION OF REQUIREMENTS, AND TO EFFECT TECHNICAL CHANGES; TO AMEND SECTION 12-13-20, RELATING TO THE DEFINITION OF "NET INCOME" FOR PURPOSES OF INCOME TAX PAYABLE BY A BUILDING AND LOAN ASSOCIATION, SO AS TO UPDATE CROSS-REFERENCES; TO AMEND SECTION 12-13-60, RELATING TO THE APPLICABILITY AND ADOPTION OF APPROPRIATE ENFORCEMENT AND ADMINISTRATION PROVISIONS OF TAX LAW TO TAXATION OF BUILDING AND LOAN ASSOCIATIONS, SO AS TO UPDATE CROSS-REFERENCES AND MAKE OTHER TECHNICAL CHANGES; TO AMEND SECTION 12-20-90, RELATING TO THE CORPORATION LICENSE FEE FOR A HOLDING COMPANY, SO AS TO INSERT "INSURER" IN DISTINGUISHING BETWEEN

Printed Page 957 . . . . . Tuesday, March 20, 2001

THE HOLDING COMPANY AND THE SUBSIDIARY FOR PURPOSES OF CALCULATING THE AMOUNT OF THE FEE; TO AMEND SECTION 12-20-110, RELATING TO INAPPLICABILITY OF THE PROVISIONS FOR CORPORATION LICENSE FEES TO CERTAIN ORGANIZATIONS, COMPANIES, AND ASSOCIATIONS, SO AS TO MAKE THE PROVISIONS INAPPLICABLE TO A HOMEOWNERS' ASSOCIATION AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-530, RELATING TO INCREASE IN TAX RATES ON MOTOR FUEL, SO AS TO INCLUDE MOTOR FUEL HELD IN REGISTERED AND NONREGISTERED TANKS; TO AMEND SECTION 12-28-985, RELATING TO FLOORSTOCKS TAX REPORT AND PAYMENT, SO AS TO PROVIDE FOR THE DEPARTMENT TO DETERMINE THE DUE DATE; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO REQUIRE THE PURCHASER FROM A TERMINAL SUPPLIER TO BE LICENSED; TO AMEND SECTION 12-28-1730, RELATING TO MONTHLY REPORTS FROM FUEL TRANSPORTERS, SO AS TO IMPOSE A CIVIL PENALTY FOR FAILURE TO INCLUDE CERTAIN INFORMATION; TO AMEND SECTION 12-36-90, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO CHANGE THE TAX PAID ON AN UNCOLLECTIBLE DEBT TO A DEDUCTION INSTEAD OF A CREDIT; TO AMEND SECTION 12-36-130, AS AMENDED, RELATING TO DEFINITION OF "SALES PRICE" FOR SALES TAX PURPOSES, SO AS TO EXCLUDE AN AMOUNT ACTUALLY CHARGED OFF AS UNCOLLECTIBLE; TO AMEND SECTION 12-36-910, RELATING TO IMPOSITION OF THE SALES TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES CHARGES SUBJECT TO THE SALES TAX; TO AMEND SECTION 12-36-940, RELATING TO AMOUNTS ADDED TO THE SALES PRICE AS A RESULT OF THE STATE SALES TAX, SO AS TO CLARIFY THE RANGE OF SUMS AND TO PROVIDE FOR THE AMOUNTS WHICH MAY BE ADDED TO THE SALES PRICE FOR PURPOSES OF THE STATE SALES TAX ON ACCOMMODATIONS AND COMBINED STATE SALES TAX AND LOCAL TAX FOR COUNTIES IMPOSING A LOCAL TAX; TO AMEND SECTION 12-36-1310, RELATING TO IMPOSITION OF THE USE TAX, SO AS TO REQUIRE THE SOURCING OF MOBILE TELECOMMUNICATIONS SERVICES WITH CHARGES

Printed Page 958 . . . . . Tuesday, March 20, 2001

SUBJECT TO THE USE TAX; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE A CROSS REFERENCE; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO CIVIL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, AND SECTION 12-54-44, RELATING TO CRIMINAL PENALTIES APPLICABLE TO TAX AND REVENUE LAW, SO AS TO DELETE THE CRIMINAL PENALTY FOR FAILURE TO DEPOSIT OR PAY TAXES DEDUCTED AND WITHHELD FOR PAYMENT AND TO PROVIDE A CIVIL PENALTY; TO AMEND CHAPTER 54, TITLE 12, RELATING TO COLLECTION AND ENFORCEMENT OF TAXATION, BY ADDING SECTION 12-54-195 SO AS TO PROVIDE FOR A PENALTY ASSESSED AGAINST A PERSON WHO IS RESPONSIBLE FOR REMITTING, BUT FAILS TO REMIT, SALES TAX TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS AND EXCEPTIONS FOR ASSESSMENT OF TAXES AND FEES, SO AS TO PROVIDE FOR SUSPENSION OF THE RUNNING OF THE STATUTE OF LIMITATIONS WHILE AN INDIVIDUAL TAXPAYER IS CONSIDERED "FINANCIALLY DISABLED" AND TO DEFINE THAT TERM; TO AMEND SECTION 12-54-200, RELATING TO THE REQUIREMENT OF A BOND TO SECURE PAYMENT OF TAXES, SO AS TO PROVIDE THE ALTERNATIVE AND ADDITIONAL SECURITY OF DEPOSIT AND MAINTENANCE OF TAXES DUE IN A SEPARATE ACCOUNT, TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL, AND TO PROVIDE THAT NONCOMPLIANCE IS A MISDEMEANOR TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO DELETE THE REQUIREMENT OF NOTICE BY CERTIFIED MAIL; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT, SO AS TO ALLOW AN EXCEPTION FOR DISCLOSURE OF A DEFICIENCY ASSESSMENT TO AN ATTORNEY CONDUCTING A CLOSING; TO AMEND SECTION 12-56-120, RELATING TO APPEALS FROM THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT AND THE INTERNAL REVENUE SERVICE ARE

Printed Page 959 . . . . . Tuesday, March 20, 2001

EXEMPT AND ARE SUBJECT EXCLUSIVELY TO OTHER APPEAL PROCEDURES; TO AMEND SECTION 12-58-185, RELATING TO EXTENSIONS OF PAYMENT PERIODS, SO AS TO DELETE PRESCRIBED EXTENSION PERIODS; TO AMEND SECTION 12-60-90, RELATING TO THE ADMINISTRATIVE TAX PROCESS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO UPDATE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES, SO AS TO CLARIFY "MISALLOCATIONS" FOR PURPOSES OF ADJUSTING LATER DISTRIBUTIONS; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BOTH SO AS TO CLARIFY THE METHOD AND TIMING OF THE CORRECTION OF MISALLOCATION OF SALES TAX REVENUES BY THE STATE TREASURER AND TO PROVIDE FOR THE DISTRIBUTION OF SALES TAX REVENUES UNDER THE ACT WHEN THE DEPARTMENT OF REVENUE IS UNABLE TO IDENTIFY THE SOURCE OF THE REVENUES.
l:\council\bills\dka\4151mm01.doc

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

S. 467 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-450 SO AS TO PROVIDE FOR THE CAPTURE, REMOVAL, AND RELEASE IN THE WILD OF BEAR CONSTITUTING A THREAT TO PERSONS OR PROPERTY BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE THAT A BEAR CONSTITUTING A THREAT TO PERSONS OR PROPERTY THAT CANNOT SAFELY BE CAPTURED, REMOVED, AND RELEASED IN THE WILD MAY BE DESTROYED BY THE DEPARTMENT, PROVIDE THAT A PROPERTY OWNER MAY TAKE OR DESTROY A BEAR WHEN THE BEAR IS DESTROYING OR ABOUT TO DESTROY PUBLIC OR PRIVATE PROPERTY, PROVIDE THAT ANY PERSON MAY TAKE OR DESTROY A BEAR IN SELF-DEFENSE, DEFENSE OF


Printed Page 960 . . . . . Tuesday, March 20, 2001

HIS PROPERTY, OR IN DEFENSE OF ANOTHER PERSON, AND PROVIDE FOR REPORTING THE NECESSITY AND CIRCUMSTANCES OF TAKING OR DESTROYING A BEAR TO THE DEPARTMENT OF NATURAL RESOURCES.
l:\council\bills\swb\5152djc01.doc

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 468 (Word version) -- Senator Branton: A BILL TO AMEND SECTION 4-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING COUNTY BOUNDARIES, SO AS TO PROVIDE THAT THE CANVASSING OF ELECTORS IS AUTHORIZED IN THE TERRITORY TO BE TRANSFERRED WHEN THE TERRITORY IS TITLED IN THE NAME OF TEN OR FEWER OWNERS AND IS LESS THAN FIVE HUNDRED ACRES INSTEAD OF FIFTY ACRES.
l:\s-res\wsb\004anne.whb.doc

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

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.
l:\s-jud\bills\martin\jud0045.lam.doc

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

S. 470 (Word version) -- Senator Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO ADD CHAPTER 80 TO REQUIRE LICENSURE TO PROVIDE HOME MEDICAL EQUIPMENT AND SERVICES, TO ESTABLISH THE SOUTH CAROLINA BOARD OF PHARMACY AS THE LICENSING AUTHORITY, TO PROVIDE FOR ITS POWERS AND DUTIES, TO


Printed Page 961 . . . . . Tuesday, March 20, 2001

ESTABLISH AN ADVISORY BOARD, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HOME MEDICAL EQUIPMENT AND SERVICES PROVIDERS.
l:\council\bills\nbd\11123ac01.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 471 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 39-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTING GENERIC DRUGS FOR NAME BRAND DRUGS, SO AS TO REQUIRE A PHARMACIST TO PLACE THE NAME BRAND OR MANUFACTURER OF A GENERIC DRUG ON THE FILE COPY OF A PRESCRIPTION OR TO STORE IT ELECTRONICALLY, OR BOTH, AND TO FURTHER CLARIFY THE LABELING PROCEDURES WHEN SUBSTITUTIONS OF GENERIC DRUGS OCCUR; TO AMEND SECTION 40-43-30, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE DUTIES OF THE CHIEF DRUG INSPECTOR, PROCEDURES CONCERNING ADULTERATED OR MISBRANDED DRUGS, AND THE AUTHORITY OF VARIOUS PRACTITIONERS TO PRESCRIBE AND DISPENSE DRUGS, SO AS TO PROVIDE THAT THE PHARMACY PRACTICE ACT DOES NOT PREVENT A PRACTITIONER FROM DISPENSING COMPLIMENTARY TRIAL DRUGS OWNED BY A CORPORATE ENTITY; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR PHARMACY TECHNICIANS, SO AS TO FURTHER SPECIFY REGISTRATION RENEWAL PROCEDURES, TO ESTABLISH CRITERIA TO BECOME A CERTIFIED PHARMACY TECHNICIAN, AND TO PROVIDE DUTIES THAT MAY BE ASSIGNED TO A CERTIFIED TECHNICIAN; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING, AMONG OTHER THINGS, TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF A PHARMACIST-IN-CHARGE, DUTIES OF CONSULTANT PHARMACISTS, CONTENT REQUIREMENTS FOR PRESCRIPTION DRUG ORDERS, AND TRANSFER OF PRESCRIPTIONS, SO AS TO EXEMPT EMERGENCY MEDICAL SERVICES FROM PERMIT FEES AND THE REQUIREMENT OF


Printed Page 962 . . . . . Tuesday, March 20, 2001

HAVING A PHARMACIST-IN-CHARGE, TO EXEMPT FACILITIES SUPPLYING DURABLE MEDICAL EQUIPMENT FROM THE REQUIREMENT OF HAVING A PHARMACIST-IN-CHARGE, TO CONFORM PRESCRIPTION LABEL REQUIREMENTS TO OTHER PROVISIONS OF THIS ACT; TO AMEND SECTION 40-43-89, RELATING, AMONG OTHER THINGS, TO WHOLESALE DISTRIBUTOR PERMITS AND RENEWALS, DRUG STORAGE AND DISTRIBUTION FACILITY REQUIREMENTS, AND RECORDKEEPING REQUIREMENTS FOR WHOLESALE DRUG DISTRIBUTORS, SO AS TO DELETE PROVISIONS REGARDING APPLICATION AND RENEWAL PROCEDURES FOR PHARMACY PERMITS AND TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 40-43-90, AS AMENDED, RELATING TO PHARMACY PERMIT AND RENEWAL REQUIREMENTS, SO AS TO REINSTATE THESE REQUIREMENTS DELETED FROM SECTION 40-43-89, TO AUTHORIZE THE BOARD TO CHARGE AN ADDITIONAL PENALTY FOR LAPSED PERMITS, AND TO PROVIDE THAT A PERMIT BECOMES VOID WHEN THERE IS A CHANGE IN OWNERSHIP, NAME, OR LOCATION OF A PHARMACY; TO AMEND SECTION 40-43-91, RELATING TO THE REQUIREMENT TO REPORT TO THE BOARD WHEN VARIOUS CHANGES AND EVENTS OCCUR, SO AS TO REQUIRE A PERMIT HOLDER TO REPORT AN EMPLOYEE'S ALLEGED VIOLATION, RATHER THAN A CONVICTION, OF A STATE OR FEDERAL DRUG LAW AND TO REPORT AN EMPLOYEE TERMINATION FOR UNPROFESSIONAL CONDUCT; TO AMEND SECTION 40-43-110, AS AMENDED, RELATING TO PERMIT AND LICENSE RENEWAL PROCEDURES AND PENALTIES AND REQUIREMENTS FOR INACTIVE AND LAPSED LICENSES, SO AS TO CLARIFY THESE LICENSE PROVISIONS, TO PROVIDE THAT CURRENTLY LICENSED ASSISTANT PHARMACISTS HAVE ALL THE RIGHTS AND PRIVILEGES OF A LICENSED PHARMACIST, AND TO PROVIDE THAT NO TEMPORARY LICENSE MAY BE ISSUED; AND TO AMEND SECTION 40-43-130, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS FOR PHARMACY TECHNICIANS.
l:\council\bills\nbd\11197ac01.doc

Printed Page 963 . . . . . Tuesday, March 20, 2001

Read the first time and referred to the Committee on Medical Affairs.

S. 472 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
l:\council\bills\gjk\20175sd01.doc

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

H. 3687 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2001; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

H. 3727 (Word version) -- Reps. Taylor, Carnell and Wilder: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENS HIGH SCHOOL "RAIDERS" GIRLS BASKETBALL TEAM ON WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

The Concurrent Resolution was adopted and returned to the House.

H. 3728 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-TWO SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2001 ALL-STATE ACADEMIC TEAM.

The Concurrent Resolution was adopted and returned to the House.

H. 3729 (Word version) -- Rep. Chellis, Cobb-Hunter, Harrell, Owens and A. Young: A CONCURRENT RESOLUTION CONGRATULATING THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM ON CAPTURING THE CLASS AAAA 2000-2001 STATE WRESTLING CHAMPIONSHIP.

The Concurrent Resolution was adopted and returned to the House.


Printed Page 964 . . . . . Tuesday, March 20, 2001

REPORTS OF STANDING COMMITTEES

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

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3659 favorable:

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, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11


Printed Page 965 . . . . . Tuesday, March 20, 2001

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Ordered for consideration tomorrow.

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

HOUSE BILL RETURNED

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

H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

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

S. 297 (Word version) -- Senators Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Ryberg and Martin: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE


Printed Page 966 . . . . . Tuesday, March 20, 2001

ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

Senator WALDREP proposed the following amendment (297R003.RLW), which was adopted:

Amend the committee report, as and if amended, page [297-1], by striking lines 35-37 and inserting the following:

Amend the bill, as and if amended, page 4 by striking lines 24 and 25 and inserting:

/     engaged in the management and operation of forestlands, farmlands and wildlife habitat;     /

Renumber sections to conform.

Amend title to conform.


Printed Page 967 . . . . . Tuesday, March 20, 2001

The amendment was adopted.

The Committee on Agriculture and Natural Resources proposed the following amendment (297R002.PPL), which was adopted:

Amend the bill, as and if amended, page 4, by striking lines 1 through 7 and inserting:

/       (5)   'Farmland' means land used for the production of food, fiber, and other agricultural products.

(6)   'Land' means real property, including highlands and wetlands of any description.

(7)   'Conservation easement' means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.

(8)   'Interests in lands' means fee titles to lands or conservation easements.   /

Amend the bill, as and if amended, page 4, by striking line 24 and inserting:

/   engaged in the management and operation of     /

Amend the bill, as and if amended, page 5, by striking lines 3 through 16 and inserting:

/   purposes of natural resource or land conservation;

(4)   three members appointed by the Speaker of the House, one who represents hunting, fishing, or outdoor recreation organizations, one who is an owner of rural real property actively engaged in the management and operation of forestlands and wildlife habitat; and one who is an owner of real property actively engaged in the business of appraising forestlands, farmland, or conservation easements.       /

Amend the bill, as and if amended, page 9, by striking lines 1 through 14 and inserting:

/     (8)   the value of the proposal for the conservation of an area of forestlands or farmlands which are located on prime soils, in microclimates, or have strategic geographical significance;

(9)   the value of the proposal for the conservation of an area for outdoor recreation, greenways, or urban parkland;

(10) the value of the proposal for the conservation of a larger area or ecosystem already containing protected lands, or as a connection between natural habitats or open space that are already protected;

(11) the value of the proposal for the size of the land protected;

(12) the value of the proposal for the unique opportunity it presents to accomplish one or more of the criteria contained in this


Printed Page 968 . . . . . Tuesday, March 20, 2001

subsection, where the same or a similar opportunity is unlikely to present itself in the future; and

(13) the value of the proposal because of the likelihood that the land will be developed unless protected with trust funds.   /

Amend the bill, as and if amended, page 15, lines 26-31, by striking SECTION 3 in its entirety and inserting in lieu thereof the following:

/   SECTION   3.   Notwithstanding the provisions of Section 12-24-90(B)(3) of the 1976 Code, effective July 1, 2002, twenty-five cents of the one dollar thirty cents state deed recording fee must be credited to the South Carolina Conservation Bank Trust Fund. Effective July 1, 2003, fifty cents of that fee must be credited to the trust fund. Effective July 1, 2004, seventy-five cents must be credited to the trust fund, and effective July 1, 2005, one dollar must be credited to the trust fund. /

Amend the bill, as and if amended, pages 15-16, by striking SECTION 5 in its entirety and inserting in lieu thereof the following:

/   SECTION   5.   Chapter 59, Title 48 of the 1976 Code and Sections 2 through 4 of this act are repealed effective July 1, 2015, or ten years after the full funding of the trust fund, whichever is greater, unless reenacted or otherwise extended by the General Assembly. However, the South Carolina Conservation Bank established by this act may continue to operate as if Chapter 59, Title 49 of the 1976 Code was not repealed until the South Carolina Conservation Bank Trust Fund is exhausted or July 1, 2018, whichever first occurs. Any balance in that trust fund on July 1, 2018, reverts to the general fund of the State. Repeal does not affect any rights, obligations, liabilities, or debts due the South Carolina Conservation Bank. For these purposes, after the bank's termination, the State Budget and Control Board is the bank's successor, except that, after the bank's termination, the board's voting rights provided in the former provisions of Section 48-59-80(F), (G), (H), and (I) of the 1976 Code are devolved upon the Department of Natural Resources Board, and any contribution to the trust fund required pursuant to the former provisions of Section 48-59-80(H) of the 1976 Code must be made to the Heritage Trust Program.   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted, as amended.

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


Printed Page 969 . . . . . Tuesday, March 20, 2001

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

S. 338 (Word version) -- Senators Richardson, Ford, Elliott, Mescher, McConnell, Ritchie, Ryberg, Martin, Wilson, Gregory and Verdin: A BILL TO AMEND SECTION 2-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF LOBBYISTS AND TERMINATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST REMAINS REGISTERED; AND TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPALS AND TERMINATION OF AUTHORIZATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S PRINCIPAL'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL IS REGISTERED AND THAT PROVISIONS AND PROHIBITIONS OF THIS CHAPTER APPLY FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST'S PRINCIPAL REMAINS REGISTERED.

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 (JUD0338.002), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 11, in Section 2-17-20(G), as contained in SECTION 2, by striking /entire calendar year. Any provisions of this chapter apply for the entire/ and inserting /   remainder of the calendar year. Any provisions of this chapter apply for the remainder of the   /.

Amend the bill further, as and if amended, page 2, beginning on line 32, in Section 2-17-25(G), as contained in SECTION 4, by striking /entire calendar year. Any provisions of this chapter apply for the entire/ and inserting / remainder of the calendar year. Any provisions of this chapter apply for the remainder of the   /.

Renumber sections to conform.


Printed Page 970 . . . . . Tuesday, March 20, 2001

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 with notice of general amendments.

S. 338 -- Co-Sponsor Added

On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of S. 338.

CARRIED OVER

The following Bills were carried over:

S. 92 (Word version) -- Senators Wilson, Thomas, Reese, Rankin and Branton: A BILL TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over.


Printed Page 971 . . . . . Tuesday, March 20, 2001

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.

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

RECESS

At 12:15 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 12:18 P.M., the Senate resumed.

Senator SHORT spoke on the Bill.

Amendment No. 7

Senators SHORT, HUTTO and GLOVER proposed the following Amendment No. 7 (JUD0204.030), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 8, in Section 30-2-30, as contained in SECTION 1, by striking subsection (1) in its entirety and inserting therein the following:

/   (1)   'Personal information' means information that identifies or describes an individual, including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial


Printed Page 972 . . . . . Tuesday, March 20, 2001

status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit record(s) or report(s).

'Personal information' does not mean information about vehicular accidents, driving violations, or driver status.   /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Amendment No. 8

Senators SHORT, HUTTO and GLOVER proposed the following Amendment No. 8 (JUD0204.031), which was ruled out of order:

Amend the bill, as and if amended, on page 3, beginning on line 14, by adding:

/   SECTION   2.   Chapter 9, Title 58 of the 1976 Code is amended by adding:

  "Article 8

No Telephone Solicitation List Act

Section 58-9-910.   This chapter is designated and may be cited as the 'No Telephone Solicitation List Act'.

Section 58-9-915.   For purposes of this chapter, 'commission' means the South Carolina Public Service Commission.

Section 58-9-920.   A telephone solicitor, as defined in Section 16-17-445, may not make or cause to be made an unsolicited consumer telephone call to a telephone customer whose name appears on the most current 'No Telephone Solicitation List' as prescribed in this chapter and regulations promulgated thereafter.

Section 58-9-930.   The South Carolina Public Service Commission, must maintain a 'No Telephone Solicitation List' of telephone customers for the purpose of restricting unsolicited consumer telephone calls as defined in Section 16-17-445.

Section 58-9-940.   No later than six months after the effective date of this chapter, the commission must promulgate regulations to restrict unsolicited consumer telephone calls in accordance with this chapter. The regulations must include provisions that specify:


Printed Page 973 . . . . . Tuesday, March 20, 2001

(1)   the methods by which telephone customers may request that the commission include those telephone customers on or remove those telephone customers from the 'No Telephone Solicitation List';

(2)   how often a request for inclusion on the 'No Telephone Solicitation List' must be renewed;

(3)   the effect of a telephone customer's change of telephone number on the 'No Telephone Solicitation List';

(4)   the methods by which the telephone customer requests will be collected and information added to or deleted from the 'No Telephone Solicitation List';

(5)   the methods by which the 'No Telephone Solicitation List' may be obtained by telephone solicitors;

(6)   a reasonable fee, not to exceed two hundred dollars annually, payable by a telephone solicitor to the commission to obtain an initial copy, as well as updated copies of the list for one year;

(7)   a reasonable fee, not to exceed ten dollars, payable by a telephone customer to the commission for initial inclusion of his listing on the 'No Telephone Solicitation List'; and

(8)   a reasonable fee, not to exceed five dollars, payable by a telephone customer to the commission for annual or biannual renewal of his listing on the 'No Telephone Solicitation List'.

Section 58-9-945.   If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the department must provide the database established by this chapter as this State's part of the national database.

Section 58-9-950.   The commission must update the 'No Telephone Solicitation List' periodically, but at least quarterly, including initial inclusion, renewal, and removal of a listing on the 'No Telephone Solicitation List', in cases where customers have complied.

Section 58-9-955.   Information contained in the database established pursuant to this chapter may be used only for the purpose of compliance with this chapter or in a proceeding or action brought pursuant to this chapter. The information in the database is not subject to public inspection or disclosure pursuant to Section 30-4-40.

Section 58-9-960.   A No Telephone Solicitation Fund must be established by the commission. All fees collected pursuant to this chapter must be deposited in this fund and the commission must use the fund for the administration, enforcement, and public education in connection with this chapter.


Printed Page 974 . . . . . Tuesday, March 20, 2001

Section 58-9-970.   A telephone solicitor who makes unsolicited consumer telephone calls in this State must purchase a copy of the 'No Telephone Solicitation List' from the commission. The written application to the commission for purchase of the list must contain the telephone solicitor's name, address, telephone number, and name of the agent for service of process.

Section 58-9-980.   A telephone solicitor or person who offers for sale consumer information that includes residential, mobile, or paging device telephone numbers, other than directory assistance or telephone directories sold by bona fide telephone companies, may not include those telephone customer numbers that appear on the most current 'No Telephone Solicitation List'.

Section 58-9-990.   Any violation of this chapter subjects the telephone solicitor to a civil penalty, to be imposed by the magistrates court, of not more than five hundred dollars for a first offense, not more than two thousand five hundred dollars for a second offense, and not more than five thousand dollars for a third or subsequent violation.

Penalties received pursuant to this section must be deposited with the commission and earmarked for the No Telephone Solicitation Fund."

SECTION   3.   Section 30-4-40 of the 1976 Code is amended by adding:

"(17)   The "No Telephone Solicitation List" database established by Chapter 9 of Title 58."

SECTION   4.   Section 16-17-445(E) of the 1976 Code, as last amended by ACT 408 of 2000, is further amended to read:

"(E)   Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall must implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. Every telephone solicitor must use the No Telephone Solicitation List established pursuant to Chapter 9 of Title 58. The department has the authority to monitor compliance with this provision these provisions. A person or his agent who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor."   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.


Printed Page 975 . . . . . Tuesday, March 20, 2001

Point of Order

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator HUTTO spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 6

Senator HUTTO proposed the following Amendment No. 6 (NBD\ 11345AC01), which was adopted:

Amend the bill, as and if amended, by deleting Section 30-2-50 and inserting:

/ Section 30-2-50.   (A)   A person or private entity shall not knowingly obtain or use any personal information obtained from a public body for commercial solicitation directed to any person in this State.

(B)   Every public body shall provide a notice to all requestors of records under this chapter and to all persons who obtain records under this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.

(C)   All state agencies shall take reasonable measures to ensure that no private individual obtains or distributes personal information obtained from a public record for commercial solicitation.

(D)   A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator THOMAS proposed the following Amendment No. 2 (GJK\ 20250SD01), which was tabled:

Amend the bill, as and if amended, in Section 30-2-30, page 2, by adding a new item (3) immediately after item (2) to read:


Printed Page 976 . . . . . Tuesday, March 20, 2001

/(3)   'Commercial solicitation' means contact by telephone, mail, or email for the purpose of selling a product or service. Commercial solicitation does not include contact for the purpose of offering membership in a credit union or notification of continuing education opportunities sponsored by not-for-profit, professional associations./

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 3

Senator SHORT proposed the following Amendment No. 3 (204R001.LHS), which was tabled:

Amend the bill, as and if amended, page 2 by striking lines 29 through 43 and page 3 by striking lines 1 and 2.

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

Senator HAWKINS moved to lay the amendment on the table.

The amendment was laid on the table.

There being no further amendments, the question then was the third reading of the Bill.

Senator LEVENTIS spoke on the Bill.

Objection

With Senator LEVENTIS retaining the floor, Senator SALEEBY asked unanimous consent to make a motion that the Senate stand adjourned.

Senator GROOMS objected.

Senator LEVENTIS spoke on the Bill.


Printed Page 977 . . . . . Tuesday, March 20, 2001

RECESS

At 1:27 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes, with Senator LEVENTIS retaining the floor.

At 1:32 P.M., the Senate resumed.

Senator LEVENTIS spoke on the Bill.

The question then was the third reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bauer
Branton                   Courson                   Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Pinckney                  Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep
Wilson

Total--46

NAYS

Total--0

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.


Printed Page 978 . . . . . Tuesday, March 20, 2001

Motion to Ratify Adopted

At 1:24 P.M., Senator PEELER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts immediately upon adjournment on Wednesday, March 21, 2001.

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

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Laura Mae Williams Foster, 96, beloved mother of Dottie Miller, secretary to Sgt.-at-Arms Jim Melton.

ADJOURNMENT

At 1:25 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:20 A.M.

* * *

This web page was last updated on Thursday, June 25, 2009 at 1:21 P.M.