Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the beautiful words of Psalm 145:10:
"All Your works shall give thanks to You, O Lord, and all your faithful shall bless You.
They shall speak of the GLORY of Your Kingdom!"
Let us pray.
Father, the beauty of the world of nature, especially in the springtime, the chirping and twittering of a "billion" birds, the mysteries of the creation and procreation of all the species of creatures, including mankind, stagger our thinking!
Yet, the Psalmist also says, "The Lord is near to all who call on Him, to all who call upon Him in truth."
Even so, come, Dear Lord!
Intervene! In a world that mankind has defiled!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ralph Carey Werner, 1306-A West Poinsett Street, Greer, S.C. 29650
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
At 2:05 P.M., Senator VERDIN requested a leave of absence for Thursday, April 4, and Thursday, April 11, 2002.
Senator J. VERNE SMITH rose for an Expression of Personal Interest.
At 2:40 P.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M. on Thursday, April 4, 2002.
There was no objection and a message was sent to the House accordingly.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 1179 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4705 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A VEHICLE THAT EXCEEDS THE SPEED LIMIT OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST ACTIVATE HIS SIREN AND BLUE LIGHT UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST COMPILE A STATEWIDE REPORT OF ALL VEHICLE PURSUITS, AND TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO PURSUES A SPEEDING MOTOR VEHICLE OR WHO IS RESPONDING TO AN INCIDENT AT A HIGH RATE OF SPEED, MUST RECEIVE CERTAIN TRAINING; TO AMEND SECTION 16-17-720, RELATING TO IMPERSONATING A LAW ENFORCEMENT OFFICER, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO IMPERSONATE A LAW ENFORCEMENT OFFICER BY DEPLOYING A BLUE LIGHT AND ENGAGING IN A HIGH-SPEED MOTOR VEHICLE CHASE, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT EACH MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCY AND THE STATE HIGHWAY PATROL MUST ADOPT A HIGH-SPEED CHASE POLICY BY JANUARY 1, 2003, WHICH MUST BE FILED WITH THE DEPARTMENT OF PUBLIC SAFETY.
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Read the first time and referred to the Committee on Judiciary.
S. 1180 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE AMOUNT OF THE BOND FOR WASTEWATER UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1181 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 9-9-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVIVOR BENEFIT OPTION ELECTION FOR RETIRING MEMBERS OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, GARS, SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A DECEASED MEMBER OF THE GENERAL ASSEMBLY WHO HAD AT LEAST TEN YEARS CREDITED SERVICE IN GARS AND WHO ELECTED THE MAXIMUM BENEFIT SHALL RECEIVE A SURVIVOR BENEFIT EQUIVALENT TO THE OPTION 2 SURVIVOR ELECTION.
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Read the first time and referred to the Committee on Finance.
S. 1182 (Word version) -- Senator Leatherman: 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.
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Read the first time and referred to the Committee on Finance.
S. 1183 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LEVENTIS, S. 1183 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1184 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LEVENTIS, S. 1184 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1185 (Word version) -- Senators J. Verne Smith and Alexander: A SENATE RESOLUTION TO COMMEND THE NUCOR CORPORATION FOR THE TREMENDOUS SUCCESS OF ITS OPERATIONS IN SOUTH CAROLINA, THANK NUCOR FOR ITS CONTRIBUTIONS TO THE STATE'S ECONOMY AND ENVIRONMENT, AND EXPRESS THE HOPE THAT THE POSITIVE WORKING RELATIONSHIP BETWEEN NUCOR AND THE STATE OF SOUTH CAROLINA WILL CONTINUE FOR MANY YEARS TO COME.
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The Senate Resolution was adopted.
H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4967 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT LOAN CORPORATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2625, 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. 4982 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.
Read the first time and, on motion of Senator PEELER, with unanimous consent, ordered placed on the Calendar without reference.
H. 4984 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND RAYMOND FELTON OF LATTA, SOUTH CAROLINA, FOR HIS TREMENDOUSLY SUCCESSFUL SEASON ON THE BASKETBALL COURT AND CONGRATULATE HIM ON BEING THE 2002 NAISMITH PLAYER OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4992 (Word version) -- Reps. Townsend, A. Young, Howard, J. Hines, Martin, Ott, Rice, Riser and Stille: A CONCURRENT RESOLUTION TO DECLARE APRIL 8, 2002, THROUGH APRIL 12, 2002, SOUTH CAROLINA WORK ZONE SAFETY AWARENESS WEEK.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4994 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE MYRTLE BEACH HIGH SCHOOL BOYS BASKETBALL TEAM ON THEIR PHENOMENAL SEASON AND THEIR 2002 CLASS AAA STATE CHAMPIONSHIP AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4997 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL ON WINNING THE CLASS A STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 2002.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5014 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., UPON THE CELEBRATION OF ITS TWENTY-FIFTH ANNIVERSARY AND TO RECOGNIZE AND COMMEND PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FOR ITS OUTSTANDING CONTRIBUTIONS TO THE PEOPLE OF SOUTH CAROLINA IN PROTECTING THE LEGAL, CIVIL, AND HUMAN RIGHTS OF PEOPLE WITH DISABILITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator FAIR from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
S. 889 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO ALLOW THE DISPLAY OF THE WORDS OF THE TEN COMMANDMENTS IN A PUBLIC SCHOOL CLASSROOM AT THE DISCRETION OF THE TEACHER IN CHARGE OF THE CLASSROOM AND TO PROHIBIT PUBLIC SCHOOL POLICIES OR CODES THAT PROHIBIT THE WORDS OF THE TEN COMMANDMENTS ON THE CLOTHING, BOOK COVERS, AND OTHER PERSONAL PROPERTY OF STUDENTS THAT OTHERWISE CONFORM TO SUCH POLICIES OR CODES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
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 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.
Ordered for consideration tomorrow.
Senator ANDERSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
Ordered for consideration tomorrow.
Senator GLOVER from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator FAIR from the Committee on Judiciary submitted a favorable report on:
S. 1172 (Word version) -- Senators McConnell, Jackson, Holland, Elliott, Saleeby, Ford, O'Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin, Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton, Leventis and Anderson: A BILL TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Ordered for consideration tomorrow.
Senator JACKSON from the Committee on Judiciary submitted a favorable report on:
H. 4794 (Word version) -- Reps. Howard, J.E. Smith, J.H. Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the TRANSPORTATION ASSOCIATION OF SC to attend a breakfast buffet at the Clarion Town House on Wednesday, April 17, 2002, from 8:00 until 8:45 A.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC AVIATION ASSOCIATION to attend a luncheon at the Capital City Club on Wednesday, April 17, 2002, from 12:00 until 1:30 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC FIREMAN'S ASSOCIATION and DIVISION OF FIRE AND LIFE SAFETY OF THE SC DEPARTMENT OF LABOR, LICENSING AND REGULATION to attend a luncheon on the State House Grounds on Tuesday, April 23, 2002, upon adjournment and lasting until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the S.C. BEER ASSOCIATION to attend a reception at 1114 College Street on Tuesday, April 23, 2002, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the UNIVERSITY OF SOUTH CAROLINA to attend a luncheon at the Carolina Plaza on Wednesday, April 24, 2002, from 12:00 until 1:30 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from BILL DUKES to attend a reception at the Blue Marlin on Wednesday, April 24, 2002, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOCIETY OF THE PLASTICS INDUSTRY, INC., the AMERICAN PLASTICS COUNCIL, and the SOUTH CAROLINA PLASTICS INDUSTRY COUNCIL to attend a reception at the Capital City Club on Tuesday, April 30, 2002, from 6:00 until 7:30 P.M.
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
S. 1170 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO HONOR THE MOMENTOUS CELEBRATION OF RICHLAND COUNTY SCHOOL DISTRICT ONE'S ARTS FESTIVAL TO BE HELD ON WEDNESDAY, APRIL 10, 2002.
Returned with concurrence.
Received as information.
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
On motion of Senator GREGORY, with unanimous consent, the report of the Committee of Conference was taken up for immediate consideration.
Senator GREGORY spoke on the report.
On motion of Senator GREGORY, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators GREGORY, HUTTO and GROOMS were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Senator SETZLER explained the Bill.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.
Senator FAIR asked unanimous consent to make a motion that the amendment (NBD\11408AC02) proposed by Senator FAIR and printed on March 28, 2002, be withdrawn.
There was no objection and the amendment was withdrawn.
S. 145 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF AN OPEN CONTAINER OF BEER OR WINE IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A PASSENGER TWENTY-ONE YEARS OF AGE OR OLDER IN A MOVING LIMOUSINE OR CHARTERED BUS WHO IS NOT IN THE DRIVING COMPARTMENT OR PORTION OF THE VEHICLE WHICH IS ACCESSIBLE TO THE DRIVER WHILE OPERATING THE VEHICLE.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 4695 (Word version) -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J.M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D.C. Smith, J.R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper, A. Young and White: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
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 AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (GJK\21209SD02), which was adopted:
Amend the bill, as and if amended, in Section 59-5-71 of the 1976 Code, as contained in SECTION 1 by striking subsection (B) and inserting:
/ (B) The General Assembly declares that, based on the findings in subsection (A), it is in the best interest of the students of South Carolina for a uniform beginning date for the annual school term to be developed and adopted by the State Board of Education and then recommended by the state board to all school districts of the State. Therefore, the State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than June 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term. The task force shall report its findings to the State Board of Education no later than September 15, 2002. The State Board of Education shall then adopt a recommended uniform starting date for the annual school term based on the task force's recommendation and in turn shall recommend its use to all school districts of this State beginning with the 2003-2004 school year. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolutions having been read the second time, were ordered placed on the third reading Calendar:
H. 4432 (Word version) -- Reps. Owens, A. Young, Altman, Meacham-Richardson, Coates and Campsen: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF "GOD BLESS AMERICA" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
On motion of Senator RYBERG, with unanimous consent, H. 4432 was ordered to receive a third reading on Thursday, April 4, 2002.
S. 1177 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1178 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 937 (Word version) -- Senators Leatherman, Short, Setzler, Alexander and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41, TITLE 2, RELATING TO THE TAX STUDY COMMISSION, SO AS TO CREATE A JOINT COMMITTEE ON TAXATION.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (HUTTO-937-4), which was adopted:
Amend the bill, as and if amended, by deleting the bill in its entirety and inserting the following:
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 41, Title 2 of the 1976 Code is amended by adding:
Joint Committee on Taxation
Section 2-41-10. There is established the Joint Committee on Taxation composed of nine members. The nine members must be appointed as follows:
(1) three Senators appointed by the Chairman of the Senate Finance Committee, one of which must be a member of the minority party;
(2) three members of the House of Representatives appointed by the Chairman of the Ways and Means Committee, one of which must be a member of the minority party; and
(3) three representatives of the business community, one being a certified public accountant, appointed by the Governor.
Members of the Senate and House of Representatives serve ex-officio. The committee chairman must be one of the legislative members and the vice-chairman must be one of the business community members. Both officers are to be elected by the membership of the committee. The terms of members appointed by the Governor shall be coterminous with the term of the appointing Governor.
Section 2-41-20. The committee must:
(1) make a detailed and careful study of the revenue laws of the State, together with all other laws of the State which have a bearing upon the study of the revenue laws, and to make recommendations to the General Assembly;
(2) provide for the revision of revenue laws so as to develop a more easily understandable and workable system of revenue laws for the State;
(3) recommend changes in the basic tax structure of the State and in the rates of taxation, together with predicted revenue effects of the charges together with proposed alternate sources of revenue, to the end that our revenue system may be stable and equitable, and yet so fair when compared with the tax structures of other states, that business enterprises and persons would be encouraged by the economic impact of the South Carolina revenue laws to move themselves and their business enterprises into the State;
(4) recommend study of alternate sources of revenue found in the tax structures of other states, and particularly in the other southeastern states, and to make a report of the economic impact of the South Carolina tax structure upon the business enterprises of various types of industry, as compared with those of other southeastern states; and
(5) make recommendations for long-range revenue planning and for future amendments of the revenue laws of South Carolina.
Section 2-41-30. The committee may:
(1) hold public hearings;
(2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and
(3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions.
Section 2-41-40. The committee may adopt by majority vote rules not inconsistent with this chapter it considers proper with respect to matters relating to the discharge of its duties under this chapter.
Section 2-41-50. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Revenue, and other state agencies and institutions.
Section 2-41-60. The committee must make reports and recommendations to the General Assembly and the Governor by June 30, 2006, at which time the committee will be dissolved. These findings and recommendations must be published and made available to the public.
Section 2-41-70. The members of the committee are entitled to receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. These expenses must be paid from approved accounts of their respective bodies. All other costs and expenses of the committee must be paid in equal proportion by the Senate and the House of Representatives."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator COURSON proposed the following amendment (937R002.MRH), which was withdrawn:
Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 34 and 35 and inserting therein the following:
/ (3) three representatives of the business community, one being a Certified Public Accountant and one being a member of the South Carolina Association of Taxpayers, appointed by the Governor. /.
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the amendment.
On motion of Senator COURSON, with unanimous consent, the amendment was withdrawn.
There was no objection.
The amendment was withdrawn.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Committee on Agriculture and Natural Resources proposed the following amendment (3838R001.MRH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 46-1-75. (A) It is unlawful to maliciously damage or destroy a farm product, research facility, or research equipment used for testing or research in conjunction or coordination with a private research entity, a university, or any federal, state, or local governmental agency.
(B) If a person violates subsection (A) and the value of the farm product, research facility, or research equipment is:
(1) less than five hundred dollars, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both;
(2) five hundred dollars or more, the person is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.
(C) The court may order the defendant to make restitution for the damage or destruction caused. For the purpose of ordering restitution, the court shall determine the market value of the farm product, research facility, or research equipment prior to the damage or destruction and, in so doing, shall include the cost of production, research, testing, replacement, and product development directly related to the product damaged or destroyed.
(D) The offenses and penalties provided in this section are supplemental and in addition to all other offenses and penalties provided by law.
(F) For purposes of this section:
(1) 'Farm product' means horticultural, aquacultural, viticultural, forestry, floricultural, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
(2) 'Research facility' means green houses, buildings, and offices in which farm product research is conducted.
(3) 'Research equipment' means files, data, computers, tractors, sprayers, seeders, tools, vehicles, plants, containers, and any other item pertinent to farm product research."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
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 (JUD3613.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 58-35-70, as contained in SECTION 1, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 58-35-70 of the 1976 Code is amended to read:
"Section 58-35-70. (A) Operators shall must form and operate an association providing for mutual receipt of Section 58-35-60 notification of excavation or demolition operations in a defined geographical area. An association that provides such this service on behalf of operators having utilities within South Carolina shall must file with the South Carolina Public Service Commission the telephone number and address of the association, a description of the geographical area served by the association, and a list of the names and addresses of each operator receiving such this service from the association.
(B) The association must file with the Chairman of the House of Representatives Labor, Commerce and Industry Committee and the Chairman of the Senate Judiciary Committee not later than April fifteenth of each year, a report covering the activities and operations of the association for the preceding calendar year including, but not limited to, information reflecting: average speed of answer; abandoned call rate; transmit times; total number of locate requests; total number of transmissions; and a disaster recovery plan.
(C) No operator shall be is required to join any such an association."/
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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 adoption of Amendment No. 1 (HUTTO-3289) proposed by Senator HUTTO and previously printed in the Journal of Tuesday, April 2, 2002.
Senator MARTIN spoke on the Bill.
Senator HUTTO explained the amendment.
Amendment No. 1 was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
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 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.
Senator MARTIN moved that the Bill be made a Special Order.
Senator GLOVER objected.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Drummond Fair Giese Gregory Grooms Hawkins Hayes Holland Kuhn Leatherman Leventis Martin McConnell Mescher Moore O'Dell Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Thomas Verdin Waldrep
Anderson Ford Glover Hutto Jackson Land Matthews McGill Patterson Pinckney Short
The Bill was made a Special Order.
I voted to set this measure, H. 3142, for Special Order. I do have great concern, however, that this Bill sends more responsibility and work to LLR when the budget for this agency has been cut to the degree that they cannot meet their current obligations directed by the laws we have passed. The people of SC cannot expect this agency to be able to work in the best interests of the citizens when they do not have the resources to do so. I propose that we add funding to the agency to meet any new requirements we legislate.
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.
Senator MARTIN moved that the Bill be made a Special Order.
Senator GLOVER objected.
Senator LEVENTIS raised a Point of Order that the motion to make the Bill a Special Order was out of order inasmuch as it would constitute a second action on the same Bill on the same legislative day.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Holland Kuhn Leatherman Martin McConnell Mescher Moore O'Dell Peeler Rankin Ravenel Richardson Ritchie Ryberg Setzler Short Thomas Verdin Waldrep
Anderson Drummond Ford Glover Hutto Jackson Leventis Matthews McGill Patterson Pinckney Reese
The Bill was made a Special Order.
Senator FORD rose for an Expression of Personal Interest.
Senator PINCKNEY rose for an Expression of Personal Interest.
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Ralph Carey Werner, 1306-A West Poinsett Street, Greer, S.C. 29650
At 3:51 P.M., on motion of Senator McCONNELL, the Senate agreed to go into Executive Session.
On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate stood adjourned.
On motion of Senator BAUER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bryant Craig Bishop of Newberry, S.C.
At 4:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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