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


Printed Page 1775 . . . . . Thursday, April 18, 2002

Thursday, April 18, 2002
(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 ACTING PRESIDENT, Senator MARTIN.

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.

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

REGULATION WITHDRAWN

The following was received:

Document No. 2620
Agency: Department of Insurance
Subject: Percentage Named Storm or Wind/Hail Deductible
Received by Lieutenant Governor April 26, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration
Senate Requested Withdrawal April 11, 2002
120 Day Period Tolled
Withdrawn April 12, 2002

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 2614
Agency: Department of Health and Environmental Control
Subject: Definitions, Applying for a Permit, Specific Project Standards for Tidelands and Coastal Waters
Received by Lieutenant Governor May 23, 2001
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration September 19, 2001
Subject to Sine Die Revision
Revised April 21, 2001
Revised May 1, 2002


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House Requested Withdrawal April 11, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 11, 2002

Document No. 2646
Agency: Department of Health and Environmental Control
Subject: Standards for the Permitting of Agricultural Animal Facilities
Received by Lieutenant Governor February 6, 2002
Referred to Agricultural and Natural Resources Committee
Legislative Review Expiration June 6, 2002
House Requested Withdrawal April 11, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 11, 2002

Document No. 2682
Agency: Board of Education
Subject: Requirements for Initial Certification at the Advanced Level
Received by Lieutenant Governor January 14, 2002
Referred to Education Committee
Legislative Review Expiration May 13, 2002
Revised May 20, 2002
Revised May 22, 2002
House Requested Withdrawal April 8, 2002
120 Day Period Tolled
Withdrawn and Resubmitted April 10, 2002

Leave of Absence

On motion of Senator GLOVER, at 12:05 P.M., Senator ANDERSON was granted a leave of absence until Tuesday April 23, 2002.

Leave of Absence

On motion of Senator LEATHERMAN, at 12:05 P.M., Senator McCONNELL was granted a leave of absence until Tuesday April 23, 2002.

Leave of Absence

At 12:35 P.M., Senator WALDREP requested a leave of absence until 5:00 P.M. today.


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RECALLED FROM THE HOUSE
THIRD READING RECONSIDERED
AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE AS AMENDED

S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.

Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the House.

There was no objection.

The Bill was recalled.

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

There was no objection.

Having voted on the prevailing side, Senator WALDREP asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

Senators WALDREP proposed the following amendment (JUD1208.002), which was adopted:


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Amend the bill, as and if amended, page 2, beginning on line 1, in Section 20-7-510, as contained in SECTION 2, by striking lines 1-17 and inserting therein the following:

/   "( )   When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.

( )   If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category III unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."   /

Amend the bill further, as and if amended, page 4, beginning on line 7, in Section 20-7-650(G), as contained in SECTION 3, by striking lines 7-25 and inserting therein the following:

/   (G)(1)   Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare, and all relevant dispositional information.

(2)   If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.

(3)   If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. However, the department's data system and records must be amended


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so that they do not identify the person as a perpetrator of abuse or neglect. The department must grant access to the entire record, including information identifying the person as a perpetrator of abuse or neglect, if requested by any of the parties listed in items (1) through (8) of subsection (J) of this section.   /

Amend the bill further, as and if amended, page 4, line 26, in Section 20-7-650, as contained in SECTION 3, by striking lines 26-29 and inserting therein the following:

/   (G)(H)     All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.   /

Amend the bill further, as and if amended, page 5, beginning after line 6, in Section 20-7-650, as contained in SECTION 3, by inserting the following:

/   (3)   Category III unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.     /

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1231 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 59-20-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION FINANCE ACT AND DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT INCLUDING THE DEFINITION OF THE "INDEX OF TAXPAYING ABILITY", SO AS TO PROVIDE THAT IN COMPUTING A LOCAL SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE DEPARTMENT OF REVENUE SHALL REDUCE THE VALUE OF PROPERTY IN A DISTRICT


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BY THE AMOUNT OF THE DISTRICT'S OUTSTANDING GENERAL OBLIGATION DEBT AND TAX ANTICIPATION NOTES FOR CAPITAL PROJECTS.
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Read the first time and referred to the Committee on Finance.

S. 1232 (Word version) -- Senators Giese and Rankin: A BILL TO AMEND SECTION 59-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT AND OTHER PROCEDURES UNDER THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) WHICH ESTABLISHES A QUALIFIED PLAN FOR QUALIFIED HIGHER EDUCATION EXPENSES, SO AS TO PROVIDE THAT BENEFICIARIES MAY BE CHANGED IN ANY ACCOUNT BY AN ACCOUNT OWNER AS DESIRED TO THE EXTENT NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 59-2-80, RELATING TO CONTRIBUTIONS TO AND EARNINGS AND WITHDRAWALS FROM INVESTMENT ACCOUNTS UNDER THE PROGRAM, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS UNDER THE PROGRAM, AND TO PROVIDE THAT WITHDRAWALS OF THE PRINCIPAL AMOUNT OF CONTRIBUTIONS THAT ARE NOT QUALIFIED WITHDRAWALS MUST BE RECAPTURED INTO SOUTH CAROLINA INCOME SUBJECT TO TAX IN SPECIFIED CIRCUMSTANCES; TO ADD SECTION 59-2-85 SO AS TO PERMIT STATE EMPLOYEES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS AND PERMIT THE STATE TREASURER TO ESTABLISH METHODS FOR EMPLOYEES OF PRIVATE ENTITIES TO CONTRIBUTE TO THE PROGRAM THROUGH PAYROLL DEDUCTIONS; AND TO AMEND SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME, SO AS TO FURTHER PROVIDE FOR THE DEDUCTIBILITY OF CONTRIBUTIONS TO THE SOUTH CAROLINA COLLEGE INVESTMENT PROGRAM (SCCIP) AND THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM (SCTPP).
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Read the first time and referred to the Committee on Finance.

S. 1233 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 12-36-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING


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TO SALES TAX ON GOODS AND SERVICES, SO AS TO ENACT A TEMPORARY ONE-CENT SALES TAX INCREASE TO LAST ONE YEAR AND TO AMEND SECTION 12-36-2620 SO AS TO ALLOCATE THE REVENUE TO RESTORE EDUCATION AND HEALTH CARE BUDGET REDUCTIONS FOR FISCAL YEAR 2001-2002.
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Read the first time and referred to the Committee on Finance.

S. 1234 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-65 SO AS TO PROVIDE THAT IN THE CASE OF A LANDLORD/TENANT RELATIONSHIP WHERE THE TENANT IS THE CUSTOMER OF A PUBLIC UTILITY PROVIDING SEWERAGE SERVICES, THE UTILITY MAY NOT REQUIRE THE LANDLORD TO EXECUTE AN AGREEMENT WHEREIN THE LANDLORD AGREES TO BE RESPONSIBLE FOR ALL CHARGES BILLED TO THAT PREMISES, AND TO PROVIDE THAT IN THE EVENT THE LANDLORD REFUSES TO EXECUTE SUCH AN AGREEMENT, THE UTILITY MAY NOT DISCONTINUE SERVICE TO THE PREMISES OR REFUSE TO PROVIDE SERVICE TO THE PREMISES.
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Read the first time and referred to the Committee on Judiciary.

S. 1235 (Word version) -- Senators Hutto, Ford and Glover: A BILL TO AMEND THE PREAMBLE TO SECTION 110, PART II, ACT 164 OF 1993, RELATING TO MINORITY POPULATION OF SOUTH CAROLINA, SO AS TO INCLUDE CERTAIN INFORMATION RELATING TO HISPANICS, NATIVE AMERICANS, ASIANS, AND OTHER MINORITY GROUPS WITHIN THE PREAMBLE; AND TO AMEND SECTION 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO INCLUDE AFRICAN-AMERICANS, NATIVE AMERICANS, HISPANICS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING


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PROGRAMS AND SERVICES FOR AFRICAN-AMERICANS, NATIVE AMERICANS, HISPANICS, LATINOS, AND OTHER MINORITY GROUPS.
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Read the first time and referred to the Committee on Judiciary.

S. 1236 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY COUNCIL TO EMPOWER THE HEAD OF THE SPARTANBURG COUNTY DETENTION FACILITY TO APPOINT LAW ENFORCEMENT OFFICERS, WITH THE APPROVAL OF THE COUNTY ADMINISTRATOR, TO OVERSEE THE JAIL AND TO HAVE THE AUTHORITY OF A PEACE OFFICER TO PATROL AND MAKE ARRESTS ON ALL COUNTY PROPERTY INCLUDING THE DETENTION FACILITY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1237 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.
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Senator HOLLAND spoke on the Joint Resolution

The Joint Resolution was read the first time and, on motion of Senator HOLLAND, with unanimous consent, was ordered placed on the Local and Uncontested Calendar.

S. 1237 --Ordered to a Second and Third Reading.

On motion of Senator HOLLAND, with unanimous consent, S. 1237 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1238 (Word version) -- Senator Kuhn: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE REGISTRATION CARDS, SO AS TO PROVIDE A PENALTY FOR A DRIVER WHO FAILS TO DISPLAY A REGISTRATION CARD UPON DEMAND OF A POLICE OFFICER OR ANOTHER PERSON AUTHORIZED TO EXAMINE


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REGISTRATION CARDS, AND TO PROVIDE THAT A POLICE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MUST REQUEST A DRIVER TO DISPLAY THE VEHICLE'S REGISTRATION CARD DURING EVERY MOTOR VEHICLE STOP; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY IN A VEHICLE, SO AS TO PROVIDE THAT A POLICE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MUST REQUEST A DRIVER TO DISPLAY PROOF OF FINANCIAL RESPONSIBILITY DURING EVERY MOTOR VEHICLE STOP.
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Read the first time and referred to the Committee on Transportation.

H. 3243 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.

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

H. 3804 (Word version) -- Reps. Keegan, Knotts, Kelley and Whatley: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT BEING CHARGED TO CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO PROVIDE THAT SPOUSES OF THESE FIREMEN, OFFICERS, OR EMPLOYEES ALSO SHALL NOT BE CHARGED TUITION AND IF THE FIREMAN, OFFICER, OR EMPLOYEE HAS DIED ON THE CONDITION THE SPOUSE HAS NOT REMARRIED.

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

H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION


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CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.

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

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT, SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.

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

H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.

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


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H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.

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

H. 4563 (Word version) -- Reps. Freeman, Lucas, Neilson and Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.


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

H. 4817 (Word version) -- Reps. Taylor and Wilder: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3, 4, AND 5, 2002, BY THE STUDENTS OF SCHOOLS IN LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR BINGO, SO AS TO REVISE THE DEFINITION FOR "PROMOTER" AND "SESSION" AND ADD DEFINITIONS FOR "ELECTRONIC DABBER", "ELECTRONIC DABBER BINGO TICKET", AND "SITE SYSTEM"; TO AMEND SECTIONS 12-21-3950 AND 12-21-3970, RELATING TO THE BINGO PROMOTER'S LICENSE, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE DAYS THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT AN APPLICATION FOR A PROMOTER'S LICENSE AND ALLOW A PROMOTER TO HAVE FIFTEEN RATHER THAN FIVE OF THESE LICENSES; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROHIBIT PAYING LESS THAN FACE VALUE FOR CARDS AND PROVIDE FOR THE USE OF CARDS WITH AN ELECTRONIC DABBER; TO AMEND SECTION 12-21-4000, RELATING TO BINGO PROCEDURES, SO AS TO ALLOW THE LIMIT ON BINGO GROSS PROCEEDS TO BE A QUARTERLY AVERAGE AND PROVIDE THAT THE PENALTIES APPLY FOR VIOLATION OF THE GROSS PROCEEDS LIMIT ONLY IF THE EXCESS PROCEEDS TAX IS UNPAID AND TO PROHIBIT THE ADVERTISING OF "FREE BINGO"; TO AMEND SECTION 12-21-4020, RELATING TO THE VARIOUS CLASSES OF THE BINGO LICENSE, SO AS TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE OFFERED FROM EIGHT TO TWELVE THOUSAND DOLLARS A SESSION AND TO INCREASE FROM THREE TO SIX GAMES A WEEK THE GAMES THAT MAY BE


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CONDUCTED BY A CLASS B LICENSEE AND PROVIDE A PROCEDURE FOR A CLASS C LICENSEE TO APPLY FOR A CLASS G LICENSE WHEN IT EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN GROSS PROCEEDS, AND ESTABLISH A CLASS G LICENSE FOR AN ORGANIZATION OFFERING PRIZES OF TWENTY DOLLARS OR LESS A GAME AND WHOSE GROSS RECEIPTS EXCEED ONE HUNDRED THOUSAND DOLLARS A CALENDAR QUARTER; TO AMEND SECTION 12-21-4080, RELATING TO BINGO PROCEEDS, SO AS TO DELETE THE REFERENCE TO ENTRANCE FEES IN AMOUNTS DEDUCTED FROM GROSS PROCEEDS AND PROVIDE THAT IF PROMOTER IS AUTHORIZED TO MAKE THE SESSION DEPOSIT, ESTABLISH A PROCEDURE TO INSURE THE DEPOSIT IS MADE IN A TIMELY MANNER; TO AMEND SECTION 12-21-4090, RELATING TO BINGO BANK ACCOUNTS, SO AS TO ALLOW THE DEPOSIT OF LOAN PROCEEDS TO COVER A DEFICIT; TO AMEND SECTION 12-21-4120, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO AUTHORIZE ADVISING RULINGS ON ACTS CONSTITUTING VIOLATIONS AND PROVIDE THAT AN ORGANIZATION OR ORGANIZER FOUND IN VIOLATION IS ENTITLED TO A CONFERENCE UPON REQUEST; TO AMEND SECTION 12-21-4150, RELATING TO THE CRIME OF POSING AS A BINGO PLAYER, SO AS TO INCLUDE A PERSON WHO USES COUNTERFEIT ELECTRONIC DABBER BINGO TICKETS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR CHARGES TO CLASS G LICENSE HOLDERS; TO AMEND SECTION 12-21-4210, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO ALLOW THE RETURN OF PAPERS FOR CREDIT AGAINST AN OUTSTANDING VOUCHER; TO AMEND SECTION 12-21-4270, RELATING TO THE APPLICATION TO OBTAIN BINGO CARDS, SO AS TO AUTHORIZE PAYMENT BY CHECK AND CASH AND PROVIDE THAT FOLLOWING A RETURNED CHECK, THE ORGANIZATION OR PROMOTER MUST MAKE PAYMENT USING CERTIFIED FUNDS; AND BY ADDING SECTION 12-21-4005 SO AS TO ESTABLISH SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER.

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


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H. 4998 (Word version) -- Rep. Kelley: A BILL TO REPEAL SECTION 1-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT.

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

H. 5003 (Word version) -- Rep. Kelley: A JOINT RESOLUTION DIRECTING THE STATE TREASURER TO TRANSFER SIXTY-ONE MILLION DOLLARS FROM THE EXTENDED CARE MAINTENANCE FUND TO THE GENERAL FUND OF THE STATE TO OFFSET FISCAL YEAR 2001-2002 MID-YEAR SEQUESTRATIONS IMPOSED BY THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE STATE IS SOLELY RESPONSIBLE FOR RESTORING THE EXTENDED CARE MAINTENANCE FUND IF THAT FUND IS INSUFFICIENT TO MEET ITS OBLIGATIONS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD.

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

H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.

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

H. 5010 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE OVERDUE TAX DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX


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DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.

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

H. 5011 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 12-36-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT MAXIMUM DISCOUNT ALLOWED OF THREE THOUSAND DOLLARS IN A STATE FISCAL YEAR IS THREE THOUSAND ONE HUNDRED DOLLARS FOR ELECTRONICALLY FILED RETURNS; AND TO AMEND SECTION 12-54-250, RELATING TO TAX COLLECTION AND ENFORCEMENT BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO DECREASE FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR WHICH PAYMENTS DUE TO THE DEPARTMENT MUST BE PAID BY A METHOD IN WHICH THE FUNDS ARE AVAILABLE IMMEDIATELY TO THE STATE.

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

H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2679, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5070 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2681, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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


Printed Page 1790 . . . . . Thursday, April 18, 2002

H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5145 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

H. 5153 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND DR. FRANK G. ROBERSON FOR HIS OUTSTANDING WORK AS A SCHOOL ADMINISTRATOR AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR DR. ROBERSON'S TIRELESS EFFORTS TO PROVIDE STUDENTS IN SOUTH CAROLINA WITH THE BEST POSSIBLE EDUCATION.

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

H. 5156 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION TO COMMEND THE DETERMINATION AND DEDICATION OF THE INDIAN LAND HIGH SCHOOL WARRIORS VOLLEYBALL TEAM THIS SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2001 CLASS A STATE CHAMPIONSHIP.


Printed Page 1791 . . . . . Thursday, April 18, 2002

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

REPORTS OF STANDING COMMITTEES

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1204 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3145 (Word version) -- Reps. Lourie, J.E. Smith, Howard, Wilder, Cobb-Hunter, Bales, Barfield, Keegan, Snow, Ott, Sinclair, Walker, Riser, Parks, McLeod, Allison, Koon, Frye, McGee, Martin, Hosey, Clyburn, Gilham, Altman, Meacham-Richardson, Kirsh, J. Hines, Mack, Miller, Cotty, Hamilton, Law, Hinson, Chellis, Harrison, Neilson, Weeks, Owens, Loftis and Bingham: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING


Printed Page 1792 . . . . . Thursday, April 18, 2002

HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 2001, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 4589 (Word version) -- Reps. Rodgers, Battle, Gilham and Miller: A BILL TO AMEND SECTION 48-39-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FEE FOR A PERMIT TO ALTER A CRITICAL AREA AS DEFINED IN SECTION 48-39-10 WHICH INCLUDES COASTAL WATERS, TIDELANDS, BEACHES, AND A BEACH DUNE SYSTEM, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RAISE OR LOWER THE FEE AFTER COMPLYING WITH THE ADMINISTRATIVE PROCEDURES ACT.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 18, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE


Printed Page 1793 . . . . . Thursday, April 18, 2002

THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
asks for a Committee of Conference, and has appointed Reps. Cato, Lee and Law to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 18, 2002

Mr. President and Senators:

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


Printed Page 1794 . . . . . Thursday, April 18, 2002

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 18, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4598 (Word version) -- Reps. Campsen, Lourie and Scott: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 18, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4728 (Word version) -- Reps. Owens, Knotts, Whatley, G.M. Smith, W.D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White, A. Young and McLeod:


Printed Page 1795 . . . . . Thursday, April 18, 2002

A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1229 (Word version) -- Senators Jackson and Courson: A CONCURRENT RESOLUTION TO JOIN THE CITIZENS OF SOUTH CAROLINA IN EXPRESSING THEIR CONGRATULATIONS TO THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM ON ITS SPECTACULAR RECORD-SETTING 2001-2002 SEASON AND ON ITS VITAL ROLE IN HIGHLIGHTING THE EXCITEMENT OF WOMEN'S SPORTS FOR SOUTH CAROLINA FANS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1230 (Word version) -- Senators Moore, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION SALUTING JAY JOHNSON AND HIS FELLOW "SWAMP FOXES" FIGHTER PILOTS FOR THEIR CONTRIBUTIONS TO FREEDOM IN THE WAR ON TERRORISM IN SOUTHWEST ASIA.


Printed Page 1796 . . . . . Thursday, April 18, 2002

Returned with concurrence.

Received as information.

ACTING PRESIDENT PRESIDES

At 12:30 P.M., Senator COURSON assumed the Chair.

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

THIRD READING BILLS

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

S. 1210 (Word version) -- Senator Moore: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

S. 1223 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF FAIRFIELD COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR FAIRFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE FAIRFIELD COUNTY ELECTION


Printed Page 1797 . . . . . Thursday, April 18, 2002

COMMISSION AND THE FAIRFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FAIRFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

By prior motion of Senator SHORT

S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.

By prior motion of Senator ALEXANDER, with unanimous consent

S. 1221 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1222 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD ESTABLISHMENT INSPECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2672, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED


Printed Page 1798 . . . . . Thursday, April 18, 2002

MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.

S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

By prior motion of Senator PATTERSON, with unanimous consent

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.

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


Printed Page 1799 . . . . . Thursday, April 18, 2002

Senator PEELER proposed the following amendment (NBD\11624AC02), which was adopted:

Amend the bill, as and if amended, SECTION 1 of the bill, page 1, line 33 after /2002,/ by inserting /one member of the board must reside in each of the nine defined single-member districts and these resident/

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

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

SECOND READING BILL

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

H. 5004 (Word version) -- Reps. Coates and McGee: A BILL TO AMEND A JOINT RESOLUTION OF 2002, BEARING RATIFICATION NUMBER 221, RELATING TO A REFERENDUM ON SCHOOL FINANCE TO BE HELD IN FLORENCE COUNTY SCHOOL DISTRICT ONE, SO AS TO REVISE THE DATE OF THE REFERENDUM TO THE THIRD TUESDAY FOLLOWING RECEIPT OF OFFICIAL NOTICE OF PRECLEARANCE UNDER THE VOTING RIGHTS ACT, TO PROVIDE SPECIAL NOTICE REQUIREMENTS, AND TO SPECIFY THE REFERENDUM QUESTION.

H. 5004--Ordered to a Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, H. 5004 was ordered to receive a third reading on Friday, April 19, 2002.

ADOPTED

H. 5013 (Word version) -- Reps. Meacham-Richardson, Leach, Simrill, Clyburn, Allison, Bales, Barrett, Carnell, Delleney, Easterday, Edge, Emory, Frye, Gilham, Govan, Harrison, Hinson, Hosey, Keegan, Kelley, Limehouse, Littlejohn, Lloyd, Loftis, J.M. Neal, Owens, Phillips, Rice,


Printed Page 1800 . . . . . Thursday, April 18, 2002

Riser, Rodgers, Sandifer, Sinclair, J.R. Smith, Snow, Stille, Walker and Wilder: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "SOUTH CAROLINA CHRISTIAN HERITAGE MONTH".

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

ADOPTED

S. 1228 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.

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

CARRIED OVER

S. 714 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.

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

CARRIED OVER

S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE STATE BOARD OF EDUCATION WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL


Printed Page 1801 . . . . . Thursday, April 18, 2002

AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.

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

There was no objection.

Senator HAYES spoke on the Bill.

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

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

CARRIED OVER

H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.

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

Senator HUTTO argued contra to the third reading of the Bill.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over in the status of Interrupted Debate, with Senator HUTTO retaining the floor.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE


Printed Page 1802 . . . . . Thursday, April 18, 2002

PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.

Senator MARTIN asked unanimous consent to make a motion that the Bill be made a Special Order.

There was no objection and the Bill was made a Special Order.

MOTION ADOPTED

On motion of Senators HAYES, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James J. Hodge of Greenville, S. C., beloved father-in-law of our colleague, Senator FAIR.

and


Printed Page 1803 . . . . . Thursday, April 18, 2002

MOTION ADOPTED

On motion of Senators GLOVER, ALEXANDER, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Johnnie Mae Robinson of Washington, D.C., beloved sister of our colleague, Senator ANDERSON.

Time Fixed

Senator LEATHERMAN moved that, when the Senate adjourns on Friday, April 19, 2002, it stand adjourned to meet next Tuesday, April 23, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:40 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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