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


Printed Page 2582 . . . . . Wednesday, May 22, 2002

Wednesday, May 22, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear St. Paul's words to the Philippians, 4:8:

"Finally, beloved, whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence and if there is anything worthy of praise, think about these things."
Let us pray.

Father, hear our silent prayers for these gifts!
Amen.

CORRECTION TO THE JOURNAL

The following entry was inadvertently omitted from the Journal of Thursday, May 16, 2002:

ADOPTED

S. 1270 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

* * *

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointments

Reappointment, South Carolina Mining Council, with term to


Printed Page 2583 . . . . . Wednesday, May 22, 2002

commence June 30, 2000, and to expire June 30, 2004

Non-Governmental Conservation

Joseph R. Blanchard, 3151 Charleston Highway, Columbia, S.C. 29172

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006

Non-Governmental Conservation

Oscar Lee "O. L." Thompson, 686 Hobcaw Bluff Drive, Mt. Pleasant, S.C. 29464 VICE John R. Smith

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2002, and to expire June 30, 2006

Licensed Consumer Finance

William F. Sachs, First Financial Corporation, 4875 Forest Drive, Columbia, S.C. 29206

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2002, and to expire November 27, 2006

LISW

Carl Lee Algood, SC State University, P. O. Box 7298, Orangeburg, S.C. 29117

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2002, and to expire June 30, 2006

At-Large

Vernon Lee McCurry, 114 Merrifield Dr., Greenville, S.C. 29615 VICE Jacqueline S. Brewer

Referred to the Committee on Judiciary.


Printed Page 2584 . . . . . Wednesday, May 22, 2002

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2001, and to expire May 31, 2004

Real Estate Broker

Nancy Johnson, 10040 Two Notch Road, Columbia, S.C. 29223 VICE Dan M. Sallé

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2002, and to expire September 30, 2005

Public

Marshall L. Mitchell, 502 Leon Drive, Anderson, S.C. 29621 VICE Wilma L. Kelly

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 1999, and to expire April 1, 2003

SC Association of Cosmetology

Nancy Jordon Poole, 423 79th Ave. North, Myrtle Beach, S.C. 29572 VICE Kenneth W. Lochridge

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Cosmetology Advisory Committee, with term to commence April 1, 2003, and to expire April 1, 2007

SC Association of Cosmetology

Nancy Jordon Poole, 423 79th Ave. North, Myrtle Beach, S.C. 29572

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2002, and to expire April 1, 2006

Lewis E. Cooley, 3 Holland East Court, Simpsonville, S.C. 29681-5817 VICE Jack D. Leard

Referred to the Committee on Medical Affairs.


Printed Page 2585 . . . . . Wednesday, May 22, 2002

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Outdoor Advertising

Douglas W. McFarland, MAC Advertising, Inc., P. O. Box 31463, Charleston, S.C. 29417

Referred to the Committee on Transportation.

Reappointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004

Tourism

I. Mayo Read, 1823 Tacky Point Road, Wadmalaw Island, S.C. 29487

Referred to the Committee on Transportation.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2711
Agency: Department of Social Services
Subject: Foster Care
Received by Lieutenant Governor March 5, 2002
Referred to General Committee
Legislative Review Expiration July 3, 2002
Subject to Sine Die Revision
Revised July 11, 2002
Subject to Sine Die Revision
House Requested Withdrawal May 15, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 22, 2002

Doctor of the Day

Senator KUHN introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PATTERSON, at 11:05 A.M., Senator JACKSON was granted a leave of absence for today.


Printed Page 2586 . . . . . Wednesday, May 22, 2002

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Privilege of the Chamber

On motion of Senators McCONNELL and HUTTO, the Privilege of the Chamber, to that area behind the rail, was granted to Mrs. Marshall B. Williams.

Expression of Personal Interest

Senator PATTERSON rose for an Expression of Personal Interest.

S. 1085--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN spoke on the report.

On motion of Senator MARTIN, the Report of the Committee of Conference to S. 1085 was adopted as follows:

S. 1085--Conference Report

The General Assembly, Columbia, S.C., May 22, 2002

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.


Printed Page 2587 . . . . . Wednesday, May 22, 2002

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 40-5-210 of the 1976 Code is amended to read:

"Section 40-5-210.   There is hereby created a State Board of Law Examiners. to consist of six members of the bar who have had at least ten years' standing and are actually engaged in the practice of law. The members shall be appointed by the Supreme Court for terms of three years. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. Not more than one member shall be appointed from any one congressional district. At least one member from each congressional district must be appointed by the Supreme Court."

SECTION   2.   Section 40-5-80 of the 1976 Code is amended to read:

"Section 40-5-80.   This chapter shall may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires, or the cause of another, with leave of the court first had and obtained;.provided, that he declare on oath, if required, that he neither has accepted nor will accept or take any fee, gratuity or reward on account of such prosecution or defense or for any other matter relating to the cause."

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

Amend title to conform.

/s/ Larry A. Martin          /s/ George E. Campsen III
/s/ Robert L. Waldrep, Jr.   /s/ James Emerson Smith, Jr.
/s/ C. Bradley Hutto              /s/ George Murrell Smith, Jr.
On Part of the Senate          On Part of the House.
, and a message was sent to the House accordingly.


Printed Page 2588 . . . . . Wednesday, May 22, 2002

RECALLED FROM LEGISLATIVE COUNCIL
THIRD READING RECONSIDERED
AMENDED, RETURNED TO THE HOUSE AS AMENDED

H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

Senator VERDIN asked unanimous consent to make a motion to recall the Bill from Legislative Council.

There was no objection.

The Bill was returned from Legislative Council.

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

There was no objection.

The Senate proceeded to a consideration of the Bill.

Senator VERDIN asked unanimous consent to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

Senator VERDIN proposed the following amendment (SWB\5415DW02), which was adopted:

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

/SECTION   1.   Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by adding:

"SECTION   1B. (A) One member of the Board of Trustees of School District 55 of Laurens County must reside in and be elected from each of the seven defined single-member election districts by the electors within each election district as delineated in subsection (B) of this section.

(B)   Beginning with the election conducted in 2002 the seven defined single-member election districts from which each member of the Board of Trustees of Laurens County School District 55 must be elected by the qualified electors of that district are as shown on the official map designated as S-59-55-02 prepared by an on file with the Office of Research and Statistical Services of the State Budget and


Printed Page 2589 . . . . . Wednesday, May 22, 2002

Control Board. The Office of Research and Statistical Services of the State Budget and Control Board must provide a certified copy of the map to the school district and the Laurens County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction."

SECTION   2.   Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by deleting SECTION 1(B).

SECTION   3.   SECTION 1 (A) of Act 779 of 1988 is amended to read:

"SECTION   1.   (A) The members of the Board of Trustees of Laurens County School District 55 must be elected in nonpartisan elections to be conducted in the manner provided in this section. These nonpartisan elections must be held at those times specified by this act."

SECTION   4.   Act 779 of 1988, as last amended by Act 480 of 1998, is further amended by adding:

"SECTION   2B. (A) One member of the Board of Trustees of School District 56 of Laurens County must reside in and be elected from each of the seven defined single-member election districts by the electors within each election district as delineated in subsection (B) of this section.

(B)   Beginning with the election conducted in 2002 the seven defined single-member election districts from which each member of the Board of Trustees of Laurens County School District 56 must be elected by the qualified electors of that district are as shown on the official map designated as S-59-56-02 prepared by an on file with the Office of Research and Statistical Services of the State Budget and Control Board. The Office of Research and Statistical Services of the State Budget and Control Board must provide a certified copy of the map to the school district and the Laurens County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction."

SECTION   5.   Act 779 of 1988, is amended by deleting SECTION 2(B).

SECTION   6.   SECTION 2 (A) of Act 779 of 1988 is amended to read:

"SECTION   2.   (A) The members of the Board of Trustees of Laurens County School District 56 must be elected in nonpartisan elections to be conducted in the manner provided in this section. These nonpartisan elections must be held at those times specified by this act."


Printed Page 2590 . . . . . Wednesday, May 22, 2002

SECTION   7.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

RECALLED FROM THE HOUSE
THIRD READING RECONSIDERED
NOTICE OF GENERAL AMENDMENTS GIVEN
RETURNED TO THE THIRD READING CALENDAR

H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the House of Representatives.

There was no objection.

The House returned the Bill as requested.

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

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was given notice of general amendments and ordered returned to the third reading Calendar.

There was no objection.


Printed Page 2591 . . . . . Wednesday, May 22, 2002

RECALLED

H. 3423 (Word version) -- Reps. Stuart, Allison, Barfield, Bowers, J. Brown, Coates, Davenport, Freeman, Gilham, Govan, Harrison, M. Hines, Hinson, Knotts, Lee, Lloyd, Lourie, McCraw, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Parks, Phillips, Rodgers, Scott, Simrill, G.M. Smith, Talley, Weeks, Whatley, Whipper and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF AND INTENT OF THE GENERAL ASSEMBLY THAT SPECIAL IDENTIFICATION CARDS ISSUED BY THE STATE OF SOUTH CAROLINA UNDER SECTION 56-1-3350 OF THE 1976 CODE ARE VALID FOR ALL PURPOSES FOR WHICH A DRIVER'S LICENSE MAY BE USED AS A FORM OF PHOTOGRAPHIC IDENTIFICATION OTHER THAN AS AUTHORIZATION FOR THE HOLDER TO OPERATE A MOTOR VEHICLE.

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

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:


Printed Page 2592 . . . . . Wednesday, May 22, 2002

S. 1296 (Word version) -- Senator Alexander: A SENATE RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.
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The Senate Resolution was adopted.

S. 1297 (Word version) -- Senator Reese: A SENATE RESOLUTION TO COMMEND THE HONORABLE MERITA ANN "RITA" ALLISON FOR HER MANY YEARS OF DEDICATED SERVICE TO THE PEOPLE OF HER DISTRICT AND TO THE CITIZENS OF THIS STATE AS A MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND TO WISH HER GREAT SUCCESS AND HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.

S. 1298 (Word version) -- Senators Thomas, Fair, Verdin, Anderson and J. Verne Smith: A SENATE RESOLUTION TO CONGRATULATE AND COMMEND BOB JONES UNIVERSITY ON ITS SEVENTY-FIFTH ANNIVERSARY, TO RECOGNIZE ITS DISTINGUISHED RECORD OF ACHIEVING ACADEMIC EXCELLENCE, AND FOR ITS INVALUABLE CONTRIBUTIONS IN DEVELOPING MORAL CHARACTER IN YOUNG MEN AND WOMEN WHO ARE THE FUTURE LEADERS OF OUR COMMUNITIES, STATES, AND NATION.
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The Senate Resolution was adopted.

S. 1299 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 8-1-80, AS AMENDED, RELATING TO THE CRIMES OF OFFICIAL MISCONDUCT, HABITUAL NEGLIGENCE, HABITUAL DRUNKENNESS, CORRUPTION, FRAUD, AND OPPRESSION BY A PUBLIC OFFICER, SO AS TO PROVIDE THAT CERTAIN PUBLIC OFFICERS WHO COMMIT THESE CRIMES ARE GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED NOT MORE THAN FIVE YEARS INSTEAD OF ONE YEAR IN ADDITION TO BEING


Printed Page 2593 . . . . . Wednesday, May 22, 2002

FINED NOT MORE THAN ONE THOUSAND DOLLARS, AND TO MAKE TECHNICAL CHANGES.
l:\council\bills\ggs\22597cm02.doc

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

S. 1300 (Word version) -- Senator Fair: A BILL TO PROVIDE THAT PUBLIC FUNDS MAY BE USED TO OFFER COSMETOLOGY LICENSING PREPARATORY COURSES AT TWO PRIVATELY FUNDED AND ONE PUBLICLY FUNDED POST-SECONDARY SCHOOLS IN GREENVILLE COUNTY.
l:\council\bills\dka\3032mm02.doc

Read the first time and, on motion of Senator FAIR, with unanimous consent, ordered placed on the Calendar without reference.

S. 1301 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 39 SO AS TO ENACT THE "FAST FOOD FRANCHISE PRACTICES ACT".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1302 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 39 SO AS TO ENACT THE "RESPONSIBLE FRANCHISE PRACTICES ACT", INCLUDING THE ESTABLISHMENT OF CERTAIN MISDEMEANOR OFFENSES AND CRIMINAL PENALTIES AND THE ESTABLISHMENT OF CIVIL PENALTIES.
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Read the first time and referred to the Committee on Judiciary.

S. 1303 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2683, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\gjk\21398ac02.doc


Printed Page 2594 . . . . . Wednesday, May 22, 2002

Read the first time and ordered placed on the Calendar without reference.

H. 4284 (Word version) -- Reps. Barrett, White and Sandifer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO STOP THE UNITED STATES CORPS OF ENGINEERS FROM GRANTING THE REQUEST OF HABERSHAM COUNTY IN GEORGIA TO WITHDRAW AND TRANSFER WATER FROM LAKE TUGALOO IN GEORGIA AND THE SAVANNAH RIVER TO THE CHATTAHOOCHEE RIVER.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

H. 5239 (Word version) -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 5283 (Word version) -- Reps. Chellis, Cotty, Sinclair, Sharpe, Allen, Altman, Bales, Barfield, Barrett, Battle, R. Brown, Campsen, Cato, Coates, Cobb-Hunter, Dantzler, Davenport, Edge, Fleming, Freeman, Frye, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Huggins, Jennings, Keegan, Koon, Law, Limehouse, Littlejohn, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Owens, Phillips, Rice, Riser, Rivers, Scarborough, Simrill, D.C. Smith, F.N. Smith, J.R. Smith, Snow, Thompson, Townsend, Vaughn, Walker, Webb, White and A. Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS TO ADOPT AND MAINTAIN POLICIES THAT WOULD LIMIT THE FURTHER OVER-VALUATION OF THE UNITED STATES DOLLAR IN ORDER TO PLACE UNITED STATES MANUFACTURERS ON EVEN GROUND WITH FOREIGN COMPETITORS.

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


Printed Page 2595 . . . . . Wednesday, May 22, 2002

H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.

Introduced and, on motion of Senator RYBERG, with unanimous consent, ordered placed on the Calendar without reference.

H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.

Introduced and, on motion of Senator RYBERG, with unanimous consent, ordered placed on the Calendar without reference.

H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.


Printed Page 2596 . . . . . Wednesday, May 22, 2002

Read the first time and ordered placed on the Local and Uncontested Calendar without reference.

H. 5297 (Word version) -- Reps. Meacham-Richardson, Kirsh, Simrill, Moody-Lawrence, McCraw, Delleney and Emory: A CONCURRENT RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS NUMEROUS ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE STATE BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".

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

H. 5298 (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, 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 COMMEND AND CONGRATULATE MRS. CHRISTI MCCOLLUM OF BOOKMAN ROAD ELEMENTARY SCHOOL IN ELGIN, SOUTH CAROLINA, FOR BEING NAMED THE SOUTH CAROLINA TEACHER OF THE YEAR AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

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

H. 5299 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. AL EADS, JR., FOR HIS


Printed Page 2597 . . . . . Wednesday, May 22, 2002

MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

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

H. 5306 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe, Stuart, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND DR. LEROY DAVIS FOR HIS MAGNIFICENT WORK AS AN EDUCATOR AND ADMINISTRATOR AND TO WISH HIM GREAT SUCCESS IN HIS FUTURE UNDERTAKING AS WELL AS MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.

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

H. 5309 (Word version) -- Reps. Cobb-Hunter, Lee, Moody-Lawrence and Parks: A CONCURRENT RESOLUTION TO HONOR THE FIRST AFRICAN AMERICAN WOMEN GRADUATES OF THE CITADEL AND TO COMMEND THEM FOR THEIR OUTSTANDING AND HISTORICAL ACHIEVEMENTS IN THE SOUTH CAROLINA CORPS OF CADETS.

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


Printed Page 2598 . . . . . Wednesday, May 22, 2002

H. 5311 (Word version) -- Reps. Neilson, Bales, Barrett, Bingham, Carnell, Clyburn, Cobb-Hunter, Cooper, Freeman, Gilham, Gourdine, Govan, M. Hines, Howard, Huggins, Keegan, Kelley, Koon, Lloyd, Martin, Moody-Lawrence, Owens, Parks, Perry, Quinn, Riser, Rivers, Rutherford, Sandifer, Sinclair, Snow, Stuart, Walker, Weeks, Whatley, White, Wilder, A. Young, Allen, Allison, Altman, Askins, Barfield, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Hosey, Jennings, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mack, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, J.H. Neal, J.M. Neal, Ott, Phillips, Rhoad, Rice, Rodgers, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Webb, Whipper, Wilkins, Witherspoon and J. Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE AND IMMENSE GRATITUDE TO LAURA BENNETT OF BISHOPVILLE FOR THE IMMEDIATE ASSISTANCE SHE GAVE TO REPRESENTATIVE DENNY NEILSON INSTANTLY AFTER HER TERRIBLE TRAFFIC ACCIDENT ON FEBRUARY 8, 2001, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN HER FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES

Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.


Printed Page 2599 . . . . . Wednesday, May 22, 2002

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3056 (Word version) -- Reps. Meacham-Richardson, Simrill, A. Young, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE


Printed Page 2600 . . . . . Wednesday, May 22, 2002

FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

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

H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002,


Printed Page 2601 . . . . . Wednesday, May 22, 2002

CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Ordered for consideration tomorrow.

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

H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

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 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.

Ordered for consideration tomorrow.

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


Printed Page 2602 . . . . . Wednesday, May 22, 2002

H. 3978 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTION 44-93-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER.

Ordered for consideration tomorrow.

Senator RICHARDSON from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Judiciary submitted a favorable report on:

H. 4989 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO


Printed Page 2603 . . . . . Wednesday, May 22, 2002

THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:

H. 5048 (Word version) -- Reps. J.E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.

Ordered for consideration tomorrow.

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

H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F.N. Smith, J.E. Smith, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Walker, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FOR LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.

Ordered for consideration tomorrow.


Printed Page 2604 . . . . . Wednesday, May 22, 2002

Message from the House

Columbia, S.C., May 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
Very respectfully,
Speaker of the House

Received as information.

H. 5202--CONFERENCE COMMITTEE APPOINTED

H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 5202 and asked for a Committee of Conference.

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


Printed Page 2605 . . . . . Wednesday, May 22, 2002

Message from the House

Columbia, S.C., May 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH


Printed Page 2606 . . . . . Wednesday, May 22, 2002

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

Received as information.

Message from the House

Columbia, S.C., May 21, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING


Printed Page 2607 . . . . . Wednesday, May 22, 2002

FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

S. 996 (Word version) -- Senators Courson, Drummond, Hayes, Alexander, Anderson, Bauer, Branton, Elliott, Fair, 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: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.


Printed Page 2608 . . . . . Wednesday, May 22, 2002

The House returned the Joint Resolution with amendments.

Senator COURSON explained the House amendments and spoke on the Joint Resolution.

On motion of Senator COURSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions 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. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

H. 3473 (Word version) -- Reps. J.R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D.C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S


Printed Page 2609 . . . . . Wednesday, May 22, 2002

TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.

H. 4260 (Word version) -- Reps. Sharpe and Ott: A BILL TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.

H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.

Senator LEVENTIS explained the Bill.

H. 4701 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC


Printed Page 2610 . . . . . Wednesday, May 22, 2002

FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.

By prior motion of Senator LEATHERMAN, with unanimous consent

H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.

H. 5132 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS


Printed Page 2611 . . . . . Wednesday, May 22, 2002

TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.

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

There was no objection.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.

H. 3756--Third Reading Reconsidered

Having voted on the prevailing side, Senator HUTTO moved to reconsider the vote whereby the Bill was given a third reading.

There was no objection and third reading was reconsidered.

The Bill was ordered returned to the third reading Calendar.

H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.

H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR


Printed Page 2612 . . . . . Wednesday, May 22, 2002

THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.

AMENDMENT WITHDRAWN, AMENDED,
READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.

Senator SHORT 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 adoption of the previously proposed amendment as printed in the Journal of May 15, 2002.

Senator SHORT asked unanimous consent to withdraw the amendment.

There was no objection and the amendment was withdrawn.

Senator SHORT proposed the following amendment (SHORT2-4583), which was adopted:

Amend the bill, as and if amended, page 1, line 40 by deleting   / health care providers   /

And inserting the following:

/   a company that employs ten or fewer employees     /

Amend the bill, further, as and if amended, page 2, by deleting lines 32 through 38 and inserting the following:

/       (D)   The task force shall make a final report with recommendations to the General Assembly no later than January 1, 2005. Upon submission of the final report and recommendations, the


Printed Page 2613 . . . . . Wednesday, May 22, 2002

task force is dissolved. Until such time as the task force makes its final report, mandated health benefits beyond those required as of January 1, 2002 may be imposed on a health insurance issue doing business in this State only after review by the task force. Under no circumstances, however, is a mandate to be imposed prior to the first day of the second year after the effective date of the act.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4909 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER


Printed Page 2614 . . . . . Wednesday, May 22, 2002

HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS AND TO REQUIRE FORMAL ALLEGATIONS OF DRUG VIOLATIONS TO BE REPORTED; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.

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

Senator SHORT proposed the following amendment (RESMIN\AMEND\SHORT), which was adopted:

Amend the bill, as and if amended, page 2,line 42, by deleting line 42 and inserting the following:
/   the words "SUBSTITUTION PERMITTED", unless the prescription is to be paid for with medicaid funds. The practitioner shall /

Amend the bill, further, as and if amended, page 3, line 5 by inserting after the word   /   substituted   /   the following:


Printed Page 2615 . . . . . Wednesday, May 22, 2002

/     , unless the prescription is to be paid for with medicaid funds./

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.

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

Senator WALDREP proposed the following amendment (4944R003.RLW), which was adopted:

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

/     SECTION   _____.     Section 46-45-50 of the 1976 Code is amended to read:

"Section 46-45-50.   The provisions of Section 46-45-30 46-45-70 do not affect or defeat the right of a person to recover damages for any injuries or damages sustained by him because of pollution of, or change in condition of, the waters of a stream or because of an overflow on his lands."   /


Printed Page 2616 . . . . . Wednesday, May 22, 2002

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.

Senator RICHARDSON 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 RICHARDSON proposed the following amendment (NBD\11796AC02), which was adopted:

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

/SECTION   __.   Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004, the following applies:

The minimum values as specified in Sections 38-69-250, 38-69-260, 38-69-270, 38-69-280, and 38-69-300 of the 1976 Code of any paid-up annuity, cash surrender, or death benefits available under an annuity contract providing for flexible considerations, the minimum


Printed Page 2617 . . . . . Wednesday, May 22, 2002

nonforfeiture amount at any time at or prior to the commencement of any annuity payments is equal to an accumulation up to that time at a rate of interest one and one-half percent per annum of percentages of the net considerations (as hereinafter defined) paid prior to that time, decreased by the sum of:

(i)   any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of one and one-half percent per annum; and

(ii)   the amount of any indebtedness to the insurer on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the insurer to the contract.

The net considerations for a given contract year used to define the minimum nonforfeiture amount are an amount not less than zero and is equal to the corresponding gross considerations credited to the contract during that contract year less an annual contract charge of thirty dollars and less a collection charge of one dollar and twenty-five cents per consideration credited to the contract during that contract year. The percentages of net considerations are sixty-five percent of the net consideration for the first contract year and eighty-seven and one-half percent of the net considerations for the second and later contract years. Notwithstanding the provisions of the preceding sentence, the percentage is sixty-five percent of the portion of the total net consideration for any renewal contract year which exceeds by not more than two times the sum of those portions of the net considerations in all prior contract years for which the percentage was sixty-five percent. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:


Printed Page 2618 . . . . . Wednesday, May 22, 2002

S. 1243 (Word version) -- Senator Grooms: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 1275 (Word version) -- Senator Moore: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

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 MOORE proposed the following amendment (PT\1005DW02), which was adopted:

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

/ SECTION   1.   Act 595 of 1992 is amended by adding a new Section 1A to read:

"Section 1A.   The Edgefield County School District is composed of seven defined single-member election districts from which each member of the Edgefield County School District must be elected beginning with the election conducted in 2002 by the qualified electors of that district as shown on the official map designated as S-37-00-02 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board."

SECTION   2.   Section 1 of Act 595 of 1992 is deleted.

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.


Printed Page 2619 . . . . . Wednesday, May 22, 2002

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

ACTING PRESIDENT PRESIDES

At 11:28 A.M., Senator McCONNELL assumed the Chair.

SECOND READING BILLS

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

S. 1247 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.

S. 1247--Ordered to a Third Reading

On motion of Senator GROOMS, S. 1247 was ordered to receive a third reading on Thursday, May 23, 2002.

H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.

H. 5196--Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 5196 was ordered to receive a third reading on Thursday, May 23, 2002.


Printed Page 2620 . . . . . Wednesday, May 22, 2002

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.

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

There was no objection.

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

Senator ELLIOTT proposed the following amendment (GJK\21383ZCW02), which was adopted:

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

/   SECTION   ____.   Section 61-6-1540(A) of the 1976 Code is amended to read:

"(A)   Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:

(1)   drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer.;


Printed Page 2621 . . . . . Wednesday, May 22, 2002

(2)   Retail dealers also may sell nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business.; and

(3)   lottery tickets under the provisions of Chapter 159 of Title 59." /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

Senator RITCHIE proposed the following amendment (NBD\11795AC02), which was adopted:

Amend the bill, as and if amended, Section 61-6-2010(D) by deleting subsection (D)(4) on page 2, lines 17-20.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.

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


Printed Page 2622 . . . . . Wednesday, May 22, 2002

Senator RICHARDSON proposed the following amendment (3958R001.SHR), which was adopted:

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

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

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

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

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

(3)   any recommendation for a master-in-equity appointed as provided in Section 2-19-110;

(4)   members of the Beaufort County Board of Elections and Registration;

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

(6)   the county Veterans Affairs officer as provided in Section 25-11-40;

(7)   the Commissioners of Pilotage for the Port of Port Royal as provided in Section 54-15-10;

(8)   appointments to the Beaufort Technical College Area Commission as provided in Section 59-53-910;

(9)   the filling of a vacancy on the Board of Trustees of the Beaufort County School District;

(10)   any board or commission that has members representing counties other than Beaufort County; or

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

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


Printed Page 2623 . . . . . Wednesday, May 22, 2002

Renumber sections to conform.

Amend title to conform.

The 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.

CARRIED OVER

The following Bills were carried over:

H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

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

H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

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

H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

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

AMENDED, CARRIED OVER
NOTICE OF GENERAL AMENDMENTS GIVEN

H. 4981 (Word version) -- Reps. Lourie and J.E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 2624 . . . . . Wednesday, May 22, 2002

SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.

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

Senator KNOTTS proposed the following amendment (JUD4981.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 3, in Section 44-53-365, as contained in SECTION 1, by striking subsection (B) and inserting therein the following:

/   (B)   A person who knowingly and intentionally violates subsection (A):

(1)   for a first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than two thousand dollars, or both; and

(2)   for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.


Printed Page 2625 . . . . . Wednesday, May 22, 2002

The amendment was adopted.

Senator RITCHIE asked unanimous consent to give notice of general amendments on third reading and carry the Bill over, as amended.

There was no objection.

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

CARRIED OVER

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.

Senator LEATHERMAN asked unanimous consent to make a motion that H. 4879 be carried over with the stipulation that H. 4879 would be taken up for consideration when the Report of the Committee of Conference on H. 4878 was received.

There was no objection and the motion was adopted.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE ADJOURNED DEBATE

H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.

Senator MOORE moved that the Bill be placed in the status of Adjourned Debate.


Printed Page 2626 . . . . . Wednesday, May 22, 2002

The Bill was placed in the status of Adjourned Debate.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

COMMITTEE AMENDMENT AMENDED
CONSIDERATION INTERRUPTED

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meahcam-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO ADD TO AND AMEND THE CODE OF LAWS OF SOUTH CAROLINA. (ABBREVIATED TITLE)

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

Amendment No. P-1

Senator HAWKINS proposed the following Amendment No. P-1 (JUD4416.004), which was adopted:

Amend the committee report, as and if amended, page [4416-47], beginning after line 35, by adding appropriately numbered new SECTIONS to read:

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

"(c)   Information identified in accordance with the provisions of Section 30-4-45 is exempt from disclosure except as provided therein and pursuant to regulations promulgated in accordance with this chapter. Sections 30-4-30, 30-4-50, and 30-4-100 notwithstanding, no


Printed Page 2627 . . . . . Wednesday, May 22, 2002

custodian of information subject to the provisions of Section 30-4-45 shall release the information except as provided therein and pursuant to regulations promulgated in accordance with this chapter."

SECTION   __.   Chapter 4, Title 30 of the 1976 Code is amended by adding:

"Section 30-4-45.   (A)   The director of each agency that is the custodian of information subject to the provisions of 42 U.S.C. 7412(r)(7)(H), 40 CFR 1400 'Distribution of Off-site Consequence Analysis Information', or 10 CFR 73.21 'Requirements for the protection of safeguards information', must establish procedures to ensure that the information is released only in accordance with the applicable federal provisions.

(B)   The director of each agency that is the custodian of information, the unrestricted release of which could increase the risk of acts of terrorism, may identify the information or compilations of information by notifying the Attorney General in writing, and shall promulgate regulations in accordance with the Administrative Procedures Act, Sections 1-23-110 through 1-23-120(a) and Section 1-23-130, to regulate access to the information in accordance with the provisions of this section.

(C)   Regulations to govern access to information subject to subsections (A) and (B) must at a minimum provide for:

(1)   disclosure of information to state, federal, and local authorities as required to carry out governmental functions; and

(2)   disclosure of information to persons who live or work within a vulnerable zone.

For purposes of this section, 'vulnerable zone' is defined as a circle, the center of which is within the boundaries of a facility possessing hazardous, toxic, flammable, radioactive, or infectious materials subject to this section, and the radius of which is that distance a hazardous, toxic, flammable, radioactive, or infectious cloud, overpressure, radiation, or radiant heat would travel before dissipating to the point it no longer threatens serious short-term harm to people or the environment.

Disclosure of information pursuant to this subsection must be by means that will prevent its removal or mechanical reproduction. Disclosure of information pursuant to this subsection must be made only after the custodian has ascertained the person's identity by viewing photo identification issued by a federal, state, or local government agency to the person and after the person has signed a register kept for the purpose."   /


Printed Page 2628 . . . . . Wednesday, May 22, 2002

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

Amendment No. P-3

Senator HAWKINS proposed the following Amendment No. P-3 (JUD4416.002), which was adopted:

Amend the committee amendment, as and if amended, page [4416-16], beginning on line 31, in Section 16-23-710(18), as contained in SECTION 13, by striking Section 16-23-710(18) in its entirety and inserting therein the following:

/   (18)   'Terrorism' includes activities that:

(a)   involve acts dangerous to human life that are a violation of the criminal laws of this State;

(b)   appear to be intended to:

(i)     intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occur primarily within the territorial jurisdiction of this State.

(18)(19)   'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that will result in internal or external bodily injury or death to a person.:

(a)   any destructive device as defined in item (7);

(b)   any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(c)   any weapon involving a disease organism; or

(d)   any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.   /

Amend the committee amendment, further, as and if amended, page [4416-16], beginning on line 41, in Section 16-23-715, as contained in SECTION 13, by striking Section 16-23-715 in its entirety and inserting therein the following:

/   Section 16-23-715.   A person who, without lawful authority, possesses, uses, threatens, or attempts or conspires to possess or use a


Printed Page 2629 . . . . . Wednesday, May 22, 2002

weapon of mass destruction in furtherance of an act of terrorism is guilty of a felony and upon conviction:

(1)   in cases resulting in the death of another person, must be punished by death or by imprisonment for life; or

(2)   in cases which do not result in the death of another person, must be punished by imprisonment for not less than twenty-five years nor more than life.     /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

Amendment No. P-4

Senator HAWKINS proposed the following Amendment No. P-4 (JUD4416.032), which was adopted:

Amend the committee report, as and if amended, page [4416-31], beginning on line 5, in Section 17-30-70(A)(2), as contained in SECTION 14, by striking Section 17-30-70(A)(2) in its entirety and inserting therein the following:

/   (2)   the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of any offense related to terrorism or the commission of a terrorist act, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16 or evidence of any conspiracy or solicitation to commit any crime specifically enumerated in this subsection; or   /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.


Printed Page 2630 . . . . . Wednesday, May 22, 2002

Amendment No. P-5

Senator THOMAS proposed the following Amendment No. P-5 (4416PRAYTHOMAS), which was withdrawn:

Amend the committee report, as and if amended, by adding an appropriately numbered section to read:

/     SECTION   .   Chapter 1, Title 59 of the 1976 Code is amended by adding:

  "South Carolina Student-Led Messages Act"

Section 59-1-441.   (A)   The governing body of a school board or school district may adopt a policy that permits graduating high school students as selected by school policy using objective criteria such as academic standing or the ex-officio function of a student office or position, to deliver a brief opening or closing message, or both, of two minutes or less, at the high school's graduation exercises.

(B)   If a student delivers a brief opening or closing message, or both, of two minutes or less, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed, or censored by a member of the governing body of the school district, its officers, or employees.

(C)   The provisions of this section do not apply to policies of the school district or high school that relate specifically to more lengthy, extensive, or featured speeches at the high school's graduation delivered by a class valedictorian or other student selected on bases such as academic standing or position in student government.

Section 59-1-442.   (A)   The governing body of a school board or school district may adopt a policy that permits either (1) the captains of athletic teams at a high school or their student designees; or (2) a student designated by the members of that team to deliver a brief opening or closing message, or both, of two minutes or less, at school-sponsored athletic events.

(B)   If team captains, their student designees, or the student designees of athletic teams deliver a brief opening or closing message, or both, of two minutes or less, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed, or censored by a member of the governing body of the school district, its officers, or employees.

Amend the bill, further, as and if amended, page 71, line 14, by adding an appropriately numbered section to read:

SECTION   .   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of Section 59-1-441 and Section 59-1-442 is for any reason held to be unconstitutional or invalid, such


Printed Page 2631 . . . . . Wednesday, May 22, 2002

holding shall not affect the constitutionality or validity of the remaining portions of Section 59-1-441 and Section 59-1-442, the General Assembly hereby declaring that it would have passed Section 59-1-441 and Section 59-1-442, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.     /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON spoke on the Bill.

Point of Order

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

The ACTING PRESIDENT overruled the Point of Order.

Senator THOMAS explained the amendment.

ACTING PRESIDENT PRESIDES

At 12:20 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL spoke on the amendment.

RECESS

At 12:32 P.M., with Senator McCONNELL retaining the floor, on motion of Senator COURSON, the Senate receded from business not to exceed five minutes.

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

Senator McCONNELL continued speaking on the amendment.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. P-5 was withdrawn.

MOTIONS ADOPTED

Senator McCONNELL asked unanimous consent to make a motion that H. 3144 be placed in the status of Adjourned Debate and, further, that H. 4683 be placed in the status of Special Order.


Printed Page 2632 . . . . . Wednesday, May 22, 2002

There was no objection and the motions were adopted.

Made Adjourned Debate

H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SEVERAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN FINANCE AND ELECTIONS, TO PROVIDE REFORM. (ABBREVIATED TITLE)

On motion of Senator McCONNELL, with unanimous consent. the Bill was placed in the status of Adjourned Debate.

Made Special Order

H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE "SOUTH CAROLINA STUDENT-LED MESSAGE ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.

On motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Special Order.

Objection

Senator PEELER asked unanimous consent to make a motion that H. 4683 be given a second reading.

Senator FORD objected.

On motion of Senator McCONNELL, with unanimous consent, consideration of H. 4416 was interrupted by the recess.


Printed Page 2633 . . . . . Wednesday, May 22, 2002

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 22, 2002, at 12:40 P.M. and the following Acts and Joint Resolutions were ratified:

(R341, S. 633 (Word version)) -- Senator Mescher: AN ACT TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE COOPER COUNTIES PROMOTIONS COMMISSION, SO AS TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, TO DELETE OBSOLETE LANGUAGE, AND TO MAKE CERTAIN TECHNICAL CHANGES.
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(R342, S. 968 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND NOT MORE THAN $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS, TO APPROPRIATE FROM THE SAME SOURCE NOT MORE THAN $9,750,000 FOR USE BY THE EMPLOYMENT SECURITY COMMISSION FOR LAND ACQUISITION AND CONSTRUCTION COSTS FOR OFFICE EXPANSION; AND TO ALLOW FUNDS PREVIOUSLY APPROPRIATED FOR HEATING AND AIR CONDITION AT THE HUNLEY LAB TO BE USED FOR LAB SECURITY AS THE DEPARTMENT OF PARKS, RECREATION AND TOURISM DETERMINES APPROPRIATE.
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(R343, S. 1005 (Word version)) -- Senators J. Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman, O'Dell, Bauer, Drummond, Elliott, Ford, Glover, Gregory, Holland, Hutto, Jackson, Land, Leventis, Matthews, McConnell, McGill, Moore, Patterson, Pinckney, Rankin, Reese, Richardson, Saleeby, Setzler, Short, Verdin and Waldrep: AN ACT TO AMEND SECTION


Printed Page 2634 . . . . . Wednesday, May 22, 2002

12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT SUBSTANTIALLY ALL PROPERTY TAX ASSESSMENT NOTICES MUST BE MAILED BY OCTOBER FIRST RATHER THAN FEBRUARY FIRST OF THE YEAR OF IMPLEMENTATION OF A COUNTYWIDE EQUALIZATION PROGRAM AND TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED WITHIN NINETY DAYS RATHER THAN THIRTY DAYS AFTER THE MAILING OF THE PROPERTY TAX ASSESSMENT NOTICE.
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(R344, S. 1010 (Word version)) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE MARCH 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
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(R345, S. 1023 (Word version)) -- Senators Bauer, Giese, Mescher, Ravenel, Hayes, Ryberg, O'Dell, Gregory, Grooms, Kuhn, Martin and Branton: AN ACT TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE BY A CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE DEFINITIONS FOR THE TERMS "SIGN", "SIGNED", AND "SIGNATURE"; AND TO AMEND SECTION 44-63-40, RELATING TO THE APPOINTMENT OF AND DUTIES OF COUNTY REGISTRARS, DEPUTY REGISTRARS, AND SUBREGISTRARS, SO AS TO PROVIDE THAT REPORTS OF BIRTH, DEATH, AND FETAL DEATH MUST BE TRANSMITTED TO THE STATE REGISTRAR AT INTERVALS


Printed Page 2635 . . . . . Wednesday, May 22, 2002

PRESCRIBED BY THE STATE REGISTRAR AND NO LONGER TO THE COUNTY REGISTRAR.
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(R346, 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: AN ACT 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.
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(R347, S. 1205 (Word version)) -- Senator Peeler: AN ACT TO AMEND ACT 587 OF 1992, AS AMENDED, 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 DECREASE FROM NINE TO SEVEN THE NUMBER OF SINGLE MEMBER DISTRICTS, TO PROVIDE THAT THESE DISTRICTS ARE AS SHOWN ON MAP REFERENCE S-21-00-02 COMPILED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT MEMBERS MUST BE ELECTED FROM DISTRICTS 2, 3, 4, AND 6 IN 2002 AND FROM DISTRICTS 1, 5, AND 7 IN 2004, TO REQUIRE SCHOOL BOARD CANDIDATES TO PAY A TWO HUNDRED DOLLAR FILING FEE TO HELP DEFRAY THE COST OF CONDUCTING THE ELECTION, AND TO DELETE OUT DATED DISTRICTS AND OTHER OUTDATED PROVISIONS.
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(R348, S. 1266 (Word version)) -- Senator McGill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE


Printed Page 2636 . . . . . Wednesday, May 22, 2002

MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R349, H. 3010 (Word version)) -- Reps. Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley and Owens: AN ACT TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON WHO IS AUTHORIZED TO CARRY A CONCEALED WEAPON MAY CARRY A CONCEALED WEAPON UPON ANY PREMISES, PROPERTY, OR BUILDING THAT IS PART OF AN INTERSTATE REST AREA FACILITY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO SPECIFY THE SIZE OF THE PHOTOGRAPH, TO PROVIDE THAT THE SUBMISSION OF A COMPLETE SET OF FINGERPRINTS WITH AN INITIAL OR RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO


Printed Page 2637 . . . . . Wednesday, May 22, 2002

PROVIDE A CONCEALABLE WEAPON PERMIT HOLDER WHO IS CARRYING A CONCEALABLE WEAPON MUST INFORM A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES THAT HE IS A PERMIT HOLDER, TO PROVIDE THAT A CONCEALABLE WEAPON PERMIT HOLDER WHO IS GIVEN EXPRESS PERMISSION BY THE APPROPRIATE CHURCH OFFICIAL OR GOVERNING BODY MAY CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER ESTABLISHED RELIGIOUS SANCTUARY, AND TO PROVIDE THAT ONCE A CONCEALABLE WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALABLE WEAPON PERMIT IS VOID AND MUST BE SURRENDERED TO SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
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(R350, H. 3014 (Word version)) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: AN ACT TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO REQUIRE THAT THE INQUIRY BE DELIVERED BY HAND OR CERTIFIED MAIL AND BASED ON A CREDIBLE REPORT THAT THE NONRESIDENT OWNS OR OPERATES A NONREGISTERED VEHICLE AND OWNS OR LEASES PROPERTY IN THE COUNTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER,


Printed Page 2638 . . . . . Wednesday, May 22, 2002

FILING A FALSE RESPONSE, OR OTHER WILFUL VIOLATION OF THE PROVISIONS A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
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(R351, H. 3174 (Word version)) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK" EACH YEAR TO RECOGNIZE THE MANY FAMILIES IN SOUTH CAROLINA WHO EDUCATE THEIR CHILDREN AT HOME, AND TO PROVIDE THAT DURING HOME SCHOOL AWARENESS WEEK, ALL HOME SCHOOL STUDENTS IN THIS STATE AND THEIR PARENTS OR GUARDIANS WHO SERVE AS THEIR CHILDREN'S TEACHER SHALL BE PROVIDED THE SAME ADMISSION OPPORTUNITIES TO CERTAIN STATE AND LOCAL EDUCATIONAL FACILITIES AS ARE PROVIDED TO PUBLIC AND PRIVATE SCHOOL STUDENTS AND THEIR TEACHERS; AND BY ADDING SECTION 59-65-46 SO AS TO PROVIDE THAT A FOSTER PARENT MAY TEACH A FOSTER CHILD AT HOME, IF IN ADDITION TO ANY OTHER REQUIREMENTS, HOME SCHOOLING OF THE CHILD HAS BEEN APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES OR OTHER AGENCY HAVING CUSTODY OF THE CHILD.
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(R352, H. 3328 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE


Printed Page 2639 . . . . . Wednesday, May 22, 2002

EXPERTISE, AS LONG AS THE ASSISTING AGENCY OR AN EMPLOYEE OF THE ASSISTING AGENCY IS NOT A SUBJECT OF THE INVESTIGATION, AND TO PROVIDE THAT A REQUEST MADE PURSUANT TO THIS PROVISION SHALL RESULT IN A JOINT INVESTIGATION CONDUCTED BY BOTH AGENCIES.
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(R353, H. 3819 (Word version)) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO REVISE THE DEFINITION OF "LIFE IMPRISONMENT" AND PROVIDE THAT, WHEN REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE IMPRISONMENT MEANS UNTIL THE DEATH OF THE DEFENDANT WITHOUT THE POSSIBILITY OF PAROLE, AND IN CASES WHERE THE DEFENDANT IS ELIGIBLE FOR PAROLE, THE JUDGE MUST CHARGE THE APPLICABLE PAROLE ELIGIBILITY STATUTE.
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(R354, H. 4258 (Word version)) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND


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PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES; AND TO PROVIDE THAT OVER-FILL PREVENTION DEVICES ARE NOT REQUIRED FOR REFILLING EXISTING NONCOMMERCIAL PROPANE GAS TANKS.
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(R355, H. 4303 (Word version)) -- Rep. Talley: AN ACT TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER PERSON IN THIS STATE MAY NOT BE REGISTERED.
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(R356, H. 4548 (Word version)) -- Reps. W.D. Smith, Scarborough, McLeod, Knotts and Owens: AN ACT TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE; BY ADDING SECTION 12-6-3550 SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR EXPENSES INCURRED BY A TAXPAYER IN CLEANING UP A SITE PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44. THE BROWNFIELDS VOLUNTARY CLEANUP ACT, TO PROVIDE THE AMOUNT OF THE CREDIT, THOSE ELIGIBLE TO RECEIVE IT, AND THE PROCEDURES NECESSARY TO CLAIM THE CREDIT; BY AMENDING


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SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ALLOW AN ADDITIONAL CREDIT EQUAL TO ONE THOUSAND DOLLARS FOR AN OTHERWISE QUALIFYING NEWLY CREATED JOB IF THE JOB IS CREATED AT A FACILITY ON PROPERTY WHICH HAS BEEN THE SUBJECT OF A COMPLETED RESPONSE ACTION PURSUANT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT UNDER ARTICLE 7, CHAPTER 56, TITLE 44, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM; AND BY AMENDING SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS ON PROPERTY SUBJECT TO A NONRESPONSIBLE PARTY VOLUNTARY CLEANUP CONTRACT FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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(R357, H. 4656 (Word version)) -- Rep. F.N. Smith: AN ACT TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENT THAT CIVIL ACTIONS MUST BE COMMENCED WITHIN THE STATUTORILY PRESCRIBED TIME FRAMES, SO AS TO PROVIDE THAT A CIVIL ACTION IS COMMENCED WHEN THE SUMMONS AND COMPLAINT ARE FILED WITH THE CLERK OF COURT IF ACTUAL SERVICE IS ACCOMPLISHED WITHIN ONE HUNDRED TWENTY DAYS AFTER FILING.
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(R358, 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


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ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
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(R359, H. 4670 (Word version)) -- Reps. Harrison, Haskins and Martin: AN ACT TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED, TO PROVIDE THE EXPIRATION DATE FOR A DRIVER'S LICENSE ISSUED PURSUANT TO THIS PROVISION, AND TO PROVIDE THAT A PERSON PENDING ADJUSTMENT OF STATUS WHO PRESENTS APPROPRIATE DOCUMENTATION TO THE DEPARTMENT OF PUBLIC SAFETY SHALL BE GRANTED A ONE-YEAR EXTENSION OF HIS DRIVER'S LICENSE WHICH IS RENEWABLE ANNUALLY.
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(R360, H. 4757 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL


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PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.
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(R361, H. 4818 (Word version)) -- Rep. Stille: AN ACT TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL,


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REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
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(R362, H. 4891 (Word version)) -- Reps. Sharpe, Davenport, Ott and Dantzler: AN ACT TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.
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(R363, H. 4998 (Word version)) -- Rep. Kelley: AN ACT TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR THE STATE TREASURER TO MAKE INSTALLMENT LOANS TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF RENTING, LEASING, OR PURCHASING OF CERTAIN EQUIPMENT, SO AS TO DELETE REFERENCES TO INSTALLMENT LOANS AND INSTEAD ALLOW THE STATE TREASURER TO PROVIDE FINANCING ARRANGEMENTS UNDER THE MASTER LEASE PROGRAM TO ENTITIES OF STATE GOVERNMENT FOR THE PURPOSE OF OBTAINING CERTAIN EQUIPMENT, TO REQUIRE THE STATE TREASURER TO NEGOTIATE THE FINANCING TERMS FOR THIS PROGRAM, TO REQUIRE REPAYMENT SCHEDULES UNDER THE PROGRAM TO PROVIDE SUFFICIENT FUNDS TO DEFRAY PROGRAM ADMINISTRATION COSTS, AND TO ALLOW THE OFFICE OF THE STATE TREASURER TO RETAIN THESE FUNDS TO DEFRAY ITS COSTS WITH ANY EXCESS FUNDS AT


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YEAR-END DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
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(R364, H. 5007 (Word version)) -- Reps. Klauber and Carnell: AN ACT 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 UNBIASED INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115 RELATING TO THE REQUIREMENT OF PROVIDING CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
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(R365, H. 5060 (Word version)) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: AN ACT TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND


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DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97 SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R366, 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.
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(R367, H. 5149 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R368, H. 5150 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R369, H. 5172 (Word version)) -- Rep. Coleman: AN ACT TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.
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(R370, H. 5190 (Word version)) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, IS EXEMPT 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.
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(R371, H. 5209 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: AN ACT TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.
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(R372, H. 5237 (Word version)) -- Reps. Freeman, Lucas, Jennings and Neilson: AN ACT TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS ARE DETERMINED.
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RECESS

At 12:47 P.M., on motion of Senator McCONNELL, the Senate receded from business until 1:30 P.M.

AFTERNOON SESSION

The Senate reassembled, at 2:02 P.M., and was called to order by the PRESIDENT.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDED, CONSIDERATION INTERRUPTED

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meahcam-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO ADD TO AND AMEND THE CODE OF LAWS OF SOUTH CAROLINA. (ABBREVIATED TITLE)

The Senate resumed consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Amendment No. P-6

Senator KNOTTS proposed the following Amendment No. P-6 (JUD4416.011), which was adopted:


Printed Page 2649 . . . . . Wednesday, May 22, 2002

Amend the committee amendment, as and if amended, page [4416-50], beginning after line 34, by adding appropriately numbered new SECTIONS to read:

/   SECTION   ____.   Section 40-18-30 of the 1976 Code, as added by Act 372 of 2000, is amended by adding at the end:

"(D)   Fingerprint cards submitted to SLED pursuant to Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant."

SECTION   ____.   Section 40-18-50(B) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(B)   The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The bond must be conditioned to pay a person who sustains loss as a result of a licensee's violation of or failure to comply with a provision of this chapter or SLED regulations. An aggrieved person may institute an action in the county of his residence against the licensee, his insurer, or both, to recover on the bond. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED, and the surety is relieved of liability for a breach of condition after the effective date of the cancellation."

SECTION   ____.   Section 40-18-70(B) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(B)   The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The bond must be conditioned to pay a person who sustains loss as a result of a licensee's violation of or failure to comply with a provision of this chapter or SLED regulations. An aggrieved person may institute an action against the licensee in the county of the aggrieved person's residence or in the county where the licensee conducts business, his insurer, or both, to recover on the bond. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED and is relieved of liability for a breach of condition after the effective date of cancellation."

SECTION   ____.   Section 40-18-70(E)(9)(a) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(a)   as a private investigator with employed by a licensed private investigation agency;"


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SECTION   ____.   Section 40-18-70(L) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(L)   A person initially licensed as a private investigator before the effective date of this section, and who has maintained his license, is not required to meet the requirements contained in subsections (E)(1), (4), and (8)."

SECTION   ____.   Section 40-18-100(A) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(A)   SLED may grant a Security Weapons Permit to carry a particular type of firearm to a person who is at least twenty-one years of age, is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be made on forms approved by SLED and the fee must be set by SLED regulation. An applicant must submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by SLED. Fingerprint cards submitted to SLED pursuant to this section must be used to facilitate a national criminal records check, as required by Section 40-18-30. The permit is for one year and application for renewal must be on a form approved by SLED. The permit renewal must specifically reauthorize the type of firearm to be used by the permittee." /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

Senator KNOTTS explained the amendment.

Senator KNOTTS moved that the amendment be adopted.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4416.001), which was adopted:

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

/   SECTION   1.   This act may be cited as the "South Carolina Homeland Security Act".

SECTION   2.   The General Assembly finds that:

(1)   because of the tragic events of September 11, 2001, involving acts of terrorism against the people of the United States and because of continued threats against the peace and safety of our nation, appropriate


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measures must be taken to ensure the safety of the citizens of South Carolina;

(2)   legislative enhancements must be enacted to provide law enforcement, public health officials, and other emergency workers with the proper means and tools to enable them to protect and defend South Carolina and her citizens while preserving individual constitutional rights and liberties and also to maintain order, preserve the peace, preserve health, and reduce injuries and casualties in the event that terrorist acts occur on South Carolina soil.

SECTION   3.   Section 1-3-420 of the 1976 Code is amended to read:

"Section 1-3-420.   The Governor, when in his opinion the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence or threats of violence, or a public health emergency, as defined in Section 44-4-130, a danger exists to the person or property of any citizen and that the peace and tranquility of the State, or any political subdivision thereof, or any particular area of the State designated by him, is threatened, and because thereof an emergency, with reference to such threats and danger, exists.

The Governor, upon the issuance of a proclamation as provided for in this section, shall forthwith must immediately file such the proclamation in the office Office of the Secretary of State, which proclamation shall be is effective upon issuance and remain in full force and effect until revoked by the Governor."

SECTION   4.   Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-435.   To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office of the State Chief Information Officer (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."


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SECTION   5.   The 1976 Code is amended by adding:

"Section 1-11-770.   (A)   Subject to appropriations, the General Assembly authorizes the state Budget and Control Board to plan, develop, and implement a statewide South Carolina 211 Network, which must serve as the single point of coordination for information and referral for health and human services. The objectives for establishing the South Carolina 211 Network are to:

(1)   provide comprehensive and cost-effective access to health and human services information;

(2)   improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems;

(3)   electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services;

(4)   establish and promote standards for data collection and for distributing information among state and local organizations;

(5)   promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services;

(6)   provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referral-service programs;

(7)   test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and case-management processes;

(8)   provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and

(9)   provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access.

(B)   In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the board. The board must develop criteria for certification and must adopt the criteria as regulations.

(1)   If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request


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that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number.

(2)   The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers."

SECTION   6.   Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-340.   (A)   The General Assembly finds that the public interest requires the safeguarding and protection of facilities owned by special purpose districts, such as water treatment plants, water storage tanks, wastewater treatment plants, pumping stations, and natural gas storage facilities. The health, safety, and protection of human life is dependent, in part, upon these facilities being properly protected from attack by terrorists or others seeking to disrupt the proper operation of facilities.

(B)   For purposes of this section, 'special purpose district' means a special purpose district charged with the operation and maintenance of natural gas distribution facilities, wastewater plants or treatment facilities, or water treatment facilities, or with the operation and management of any water distribution system.

(C)   Each special purpose district is authorized to establish a public safety department to protect and police the facilities owned by the district under such reasonable rules and regulations as the district may from time to time promulgate. The district may appoint and commission as many public safety officers as necessary for the proper security, general welfare, and convenience of the facilities. The public safety officers must be vested with all powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the district. The jurisdiction of these public safety officers is limited to the property of the special purpose district and the streets and roads through and contiguous to the property, except that these officers may not make an incidental arrest of a person for, or issue a ticket for, a traffic violation.

(D)   The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers certified pursuant to Article 9, Chapter 6, Title 23."

SECTION   7.   Section 14-7-1630(A) of the 1976 Code is amended to read:


Printed Page 2654 . . . . . Wednesday, May 22, 2002

"(A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   crimes involving narcotics, dangerous drugs, or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State; and

(2)   any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615; and

(3)   crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.;

(4)   crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes; and

(5)   crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:

(a)   involve acts dangerous to human life that are a violation of the criminal laws of this State;

(b)   appear to be intended to:

(i)     intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occur primarily within the territorial jurisdiction of this State."

SECTION   8.   Section 16-7-10 of the 1976 Code is amended to read:


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"Section 16-7-10.   (A)   In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of such the proclamation, it shall be is unlawful for a person to:

(1)(a)   For any person to violate a provision set forth in the proclamation; for any person to violate the provisions of any curfew established, including, but not limited to, any curfew set forth by the proclamation;

(b)   for any unauthorized persons to congregate, except unless authorized or in their homes, in groups of three or more and to refuse to disperse upon order of any law enforcement a law enforcement officer; or

(c)   for any person to willfully wilfully fail or refuse to comply with any lawful order or direction of any law-enforcement law enforcement officer.

Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

(b)(2)(a)   For any person to enter into the property of another, without lawful authority and with criminal intent;

(b)   to damage the property of another; or

(c)   to take possession or otherwise disturb the property of another in any manner.

Any of such acts shall constitute the offense A person violating a provision of this item is guilty of the felony of looting, and any person convicted thereof shall be guilty of a felony and, upon conviction, shall must be punished by a fine or imprisonment fined or imprisoned, or both, in the discretion of the court. The court must order restitution pursuant to Section 17-25-322;

(3)   charge unconscionable prices during a declared state of emergency or disaster, as described in Section 39-5-145, or knowingly and wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for charitable purposes in connection with a declared state of emergency or disaster, as described in Section 39-5-147.

(B)   Penalties provided in this article are cumulative of and in addition to those provided in Sections 39-5-145 and 39-5-147."

SECTION   9.   Section 16-16-10 of the 1976 Code, as last amended by Act 169 of 2002, is further amended to read:

"Section 16-16-10.   For purposes of this chapter:


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(a)   'Computer' means a device that performs logical, arithmetic, and memory functions by manipulating impulses, and includes including, but not limited to, all input, output, processing, storage, computer software, and communication facilities that are connected or related to a computer in a computer system or computer network, but does not include a computer or other device which is not used to access, to communicate with, or to manipulate any other computer. For the purposes of this section, 'computer' includes, but is not limited to, mainframes, servers, workstations, desktops, and notebooks; industrial controls such as programmable logic controllers and supervisory control and data acquisition systems; portable hand-held computing devices such as personal digital assistants and digital cellular telephones; data communications network devices such as routers and switches; and all other devices that are computer-based or communicate with or are under the control of a computer such as appropriate telephone switches, medical devices, and cable and satellite television interface systems. 'Computer' does not include automated typewriters or typesetters.

(b)   'Computer network' means the interconnection of communications lines, or any other communications facilities, with a computer through remote terminals, or a system consisting of two or more interconnected computers, and those devices and facilities through which an interconnection occurs.

(c)   'Computer program' means a series of instructions or statements executable on a computer, which directs direct the computer system in a manner to process data or perform other specified functions.

(d)   'Computer software' means a set of computer programs, data, procedures, or associated documentation concerned with the operation of a computer system.

(e)   'Computer system' means a set of related, whether connected or unconnected, computer equipment, devices, or software.

(f)   'Property' includes, but is not limited to, financial instruments, data, documents associated with computer systems, and computer software, or copies thereof, whether tangible or intangible, including both human and computer system readable data, and data while in transit.

(g)   'Services'includes include, but is are not limited to, the use of the computer system, computer network, computer programs, or data prepared for computer use, or data obtained within a computer system, or data contained within a computer network.


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(h)   'Data' means a representation of information, knowledge, facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed, or is intended to be processed in a computer, computer system, or computer network. Data may be in any form including, but not limited to, computer printouts, magnetic storage media, optical storage media, network data packets, flash memory cards, smart card memory, punched cards, or as stored in the memory of the computer or in transit or displayed on a video device.

(i)   'Access' means to gain entry to, attempt to gain entry to, instruct, communicate with, attempt to communicate with, store or alter data in, retrieve or remove data from, or otherwise make use of or attempt to make use of the logical, arithmetic, or memory function resources control, memory, storage, output, or communication functions of a computer, computer system, or computer network.

(j) 'Computer hacking' means:

(1)   accessing or attempting to access all or part of a computer, computer system, or a computer network without express or implied authorization for the purpose of establishing contact only;

(2)   with the intent to defraud or with malicious intent to commit another a crime after such the contact is established.;

(3)   misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the appropriate principal of the computer, computer system, or computer network. Misuse of computer and network services includes, but is not limited to, the unauthorized use of:

(i)   mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;

(ii)   file transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks; and

(iii)   web servers to redirect users to other web pages or web servers;

(4)   using a group of computer programs commonly known as 'port scanners' or 'probes' to intentionally access any computer, computer system, or computer network without the permission of the appropriate principal of the computer, computer system, or computer network. This group of computer programs includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine:


Printed Page 2658 . . . . . Wednesday, May 22, 2002

(i)   the presence or types of computers or computer systems on a network;

(ii)   the computer network's facilities and capabilities;

(iii)   the availability of computer or network services;

(iv)   the presence or versions of computer software, including, but not limited to, operating systems, computer services, or computer contaminants;

(v)   the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or

(vi)   any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.

This group of computer programs does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network, including, but not limited to, operating system services such as domain name services and mail transfer services, network monitoring and management computer software such as the computer programs commonly called 'ping', 'tcpdump', and 'traceroute', and systems administration computer software such as the computer programs commonly known as 'nslookup' and 'whois'. It is unlawful to intentionally and knowingly use such computer software to access any computer, computer system, or computer network to adversely affect computer or network access or performance; and

(5)   the intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the appropriate principal of the computer, computer system, or computer network.

Computer hacking does not include the introduction of a computer contaminant into a computer, computer system, computer program, or computer network.

(k)   'Computer contaminant' means a computer program designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the consent express or implied consent of the owner. Computer contaminant includes, but is not limited to,:

(1)   a group of computer programs commonly known as 'viruses' and 'worms' that are self-replicating or self-propagating, and that are designed to contaminate other computer programs, compromise


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computer security, consume computer resources, modify, destroy, record, or transmit data, or in some fashion usurp disrupt the normal operation of the computer, computer system, or computer network.;

(2)   a group of computer programs commonly known as 'Trojans' or 'Trojan horses' that are not self-replicating or self-propagating, and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;

(3)   a group of computer programs commonly known as 'zombies' that are designed to use a computer without the knowledge and consent of the appropriate principal, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly know as 'Denial of Service' or 'Distributed Denial of Service' attacks; or

(4)   a group of computer programs commonly know as 'trap doors', 'back doors', or 'root kits' that are designed to bypass standard authentication software, and that are designed to allow access to or use of a computer without the knowledge or consent of the appropriate principal.

(l)   'Unauthorized access' means access of a computer, computer system, or computer network not explicitly or implicitly authorized by the appropriate principal of the computer, computer system, or computer network.

(m)   'Unauthorized use' means the:

(i)     use of a computer, computer system, or computer network not explicitly or implicitly authorized by the appropriate principal of the computer, computer system, or computer network;

(ii)   the use of computer software not explicitly or implicitly authorized by the appropriate principal or licensee of the computer software; or

(iii)   the authorized use of a computer, computer system, computer network, or computer software in an manner not explicitly or implicitly authorized by the appropriate principal or licensee."

SECTION   10.   Section 16-16-20 of the 1976 Code, as amended by Act 169 of 2002, is further amended to read:

"Section 16-16-20.   (1)   It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to:


Printed Page 2660 . . . . . Wednesday, May 22, 2002

(a)   directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:

(i)   devising or executing a scheme or artifice to defraud;

(ii)   obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or

(iii)   committing any other crime.

(b)   alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in that computer, computer system, computer program, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network.

(2)   A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds five ten thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five fifty thousand dollars or imprisoned not more than ten five years, or both.

(3)(a)   A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than five ten thousand dollars.

(b)   A person is also guilty of computer crime in the second degree where:

(i)     he interferes with, causes to be interfered with, denies or causes to be denied any computer or network service to an authorized user of the computer or network service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;

(ii)   he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or

(iii)   the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.


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(c)   Computer crime in the second degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than fifty ten thousand dollars or imprisoned not more than three years one year, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony misdemeanor and must be fined not more than fifty twenty thousand dollars or imprisoned not more than five two years, or both.

(4)   A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both.

(5)   Each computer, computer system, or computer network affected by the violation of this chapter constitutes a separate violation."

SECTION   11.   Section 16-16-25 of the 1976 Code, as added by Act 169 of 2002, is amended to read:

"Section 16-16-25.   In addition to other civil remedies available, the owner or lessee of a computer, computer system, computer network, computer program, or data may bring a civil action against a person convicted under this chapter for compensatory damages, and restitution, and attorney's fees. Compensatory damages and restitution may include:

(1)   expenditures reasonably and necessarily incurred by the owner or lessee to verify whether a computer system, computer network, computer program, or data was altered, damaged, or deleted by the access;

(2)   costs of repairing or, if necessary, replacing the affected computer, computer system, computer network, computer software, computer program, or database data;

(3)   lost profits for the period that the computer, computer system, computer network, computer software, computer program, or database data was unusable; and

(4)   costs of replacing or restoring the data lost or damaged as a result of a violation of this chapter."


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SECTION   12.   Section 16-16-30 of the 1976 Code, as last amended by Act 169 of 2002, is further amended to read:

"Section 16-16-30.   For the purpose of venue under this chapter, a violation of this chapter is considered to have been committed in the county in which the violation took place; however, upon proper motion and the proper showing before a judge, venue may be transferred if justice would be better served by the transfer, to one of the following:

(1)   a county in which an act was performed in furtherance of a transaction which violated this chapter;

(2)   the county of the principal place of business in this State of the owner or lessee of a computer, computer system, computer network, or any part of it, which has been subject to the violation; or

(3)   a county in which a violator had control or possession of proceeds of the violation or of books, records, documents, property, financial instrument instruments, computer software, computer program programs, or other material materials or objects which were used in the furtherance of the violation."

SECTION   13.   Article 7, Chapter 23, Title 16 of the 1976 Code, as added by Act 237 of 2000, is amended to read:

  "Article 7

Bombs, Destructive Devices, and Weapons of Mass Destruction

Section 16-23-710.   For purposes of this article:

(1)   'Bacteriological weapon' and 'biological weapon' mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biological materials, toxins, or agents, whatever their origin or method of production, in a manner not authorized by law, or any device, the development, production, or stockpiling of which is prohibited pursuant to the 'Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction', 26 U.S.T. 583, TIAS 8063.

(2)   'Bomb' includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property.

(3)   'Bomb technician', 'explosive ordnance technician', or 'EOD technician' means either:


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(a)   a law enforcement officer, fire official, emergency management official, or an employee of the State, its political subdivisions, or an authority of the State or a political subdivision, whose job title includes the designation of bomb technician, explosive ordnance disposal technician, or EOD technician and whose assigned duties include the rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or souvenirs while acting in the performance of his official duties; or

(b)   an official or employee of the United States including, but not limited to, a member of the Armed Forces of the United States, who is qualified as an explosive ordnance disposal technician under the federal, state, or local laws or regulations while acting in the performance of his duty.

(4)   'Building' means any structure, vehicle, watercraft, or aircraft:

(a)   where any person lodges or lives; or

(b)   where people assemble for purposes of business, government, education, religion, entertainment, public transportation, or public use or where goods are stored. Where a building consists of two or more units separately occupied or secured, each unit is considered both a separate building in itself and a part of the main building.

(5)   'Device' means an object, contrivance, instrument, technique, or any thing that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction.

(6)   'Detonate' means to explode or cause to explode.

(7)   'Destructive device' means:

(a)   a bomb, incendiary device, or anything any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;

(b)   a weapon of mass destruction;

(c)(b)   a bacteriological weapon or biological weapon; or

(d)(c)   a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.

(8)   'Detonator' means a device containing a detonating charge used to initiate detonation in an explosive or any device capable of triggering or setting off an explosion or explosive charge including, but not


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limited to, impact or an impact device, a timing mechanism, electricity, a primer, primer or detonating cord, a detonating cap or device of any kind, detonating waves, electric blasting caps, blasting caps for use with safety fuses, shock tube initiator, and detonating cord delay connectors, or any other device capable of detonating or exploding a bomb, weapon of mass destruction, or destructive device.

(9)   'Distribute' means the actual or constructive delivery or the attempted transfer from one person to another.

(10)   'Explosive' means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one an explosive containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. Explosives include, but are not limited to, the list of explosive materials published and periodically updated by the Bureau of Alcohol, Tobacco and Firearms.

(11)   'Hoax device' or 'replica' means a device or object which has the appearance of a destructive device.

(12)   'Incendiary' means any material that:

(a)   causes, or is capable of causing, fire when it is lit or ignited; and

(b)   is used to ignite a flammable liquid or compound in an unlawful manner.

(13)   'Incendiary device' means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. Incendiary device includes, but is not limited to, any form of explosive, explosive bomb, grenade, missile, or similar device, whether capable of being carried or thrown by a person acting alone or with one or more persons, but does not include a device manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, or bridges, when used in a lawful manner.

(14)   'Over-pressure device' means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in a manner capable of causing death, bodily harm injury, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.


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(15)   'Parts' means mean a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device.

(16)   'Poisonous gases' means mean a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. However, the term does not include:

(a)   riot control agents, smoke and obscuration materials, or medical products which are manufactured, possessed, transported, or used in accordance with the laws of this State or the United States;

(b)   tear gas devices designed to be carried on or about the person which contain not more than fifty cubic centimeters of the chemical; or

(c)   pesticides, as used in agriculture and household products.

(17)   'Property' means real or personal property of any kind including money, choses in action, and other similar interest in property.

(18)   'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that will result in internal or external bodily injury or death to a person.:

(a)   any destructive device as defined in item (7);

(b)   any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(c)   any weapon involving a disease organism; or

(d)   any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

Section 16-23-715.   A person who, without lawful authority, possesses, uses, threatens, or attempts or conspires to possess or use a weapon of mass destruction is guilty of a felony and, upon conviction:

(A)   in cases resulting in the death of another person, must be punished by death or by imprisonment for life; or

(B)   in cases which do not result in the death of another person, must be punished by imprisonment for not less than twenty-five years nor more than life.

Section 16-23-720.   (A)   It is unlawful for a person intentionally to detonate use a destructive device or cause an explosion, or intentionally to aid, counsel, solicit another, or procure an explosion by means of detonation the use of a destructive device. A person who violates this subsection is guilty of a felony and, upon conviction:

(1)   in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment


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for life, or by a mandatory minimum term of imprisonment for thirty years;

(2)   in cases resulting in the death of another person where there was not malice aforethought, must be imprisoned not less than two ten years nor more than thirty years; and

(3)   in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years.

(B)   A person who intentionally causes an explosion by means of a destructive device or aids, counsels, solicits another, or procures an explosion by means of a destructive device, which results in damage to a building or other real or personal property, or a person who attempts to injure another or damage or destroy a building or other real or personal property by means of a destructive device, is guilty of a felony and, upon conviction, must be imprisoned for not less than two ten years nor more than twenty-five years.

(C)   A person who knowingly possesses, manufactures, transports, distributes, or possesses with the intent to distribute a destructive device or any explosive, incendiary device, or over-pressure device or toxic substance or material which has been configured to cause damage, injury, or death, or a person who possesses parts, components, or materials which when assembled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

(D)   A person who threatens, solicits another to threaten, or conspires to threaten to cause damage, injury, or death or to cause damage to or destroy a building or other real or personal property by means of destructive device is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.

(E)   A person who knowingly protects, harbors, or conceals another who is known by the person to have planned, executed, or commited any violation of the provisions of this article is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.

Section 16-23-730.   A person who knowingly manufactures, possesses, transports, distributes, uses or aids, or counsels, solicits another, or conspires with another in the use of a hoax device or replica of a destructive device or detonator which causes any person reasonably to believe that the hoax device or replica is a destructive device or detonator is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than ten thousand dollars, or both. A person who communicates or transmits to another person that a hoax device or replica is a destructive


Printed Page 2667 . . . . . Wednesday, May 22, 2002

device or detonator with the intent to intimidate or threaten injury, to obtain property of another, or to interfere with the ability of another person to conduct or carry on his life, business, trade, education, religious worship, or to interfere with the operations and functions of any government entity is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

Section 16-23-740.   A person who knowingly and wilfully hinders or obstructs an explosive ordnance technician, bomb technician, law enforcement officer, fire official, emergency management official, public safety officer, animal trained to detect destructive devices, or any robot or mechanical device designed for or utilized by a law enforcement officer, fire official, emergency management official, public safety officer, or bomb technician of this State or of the United States while in the detection, disarming, or destruction of a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than five years.

Section 16-23-750.   A person who communicates a threat or conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any person or to damage or destroy any building or other real or personal property by means of an explosive, incendiary, or destructive device or who aids, agrees with employs, or conspires with any person to do or cause to be done any of the acts in this section, is guilty of a felony and, upon conviction, for a first offense must be imprisoned for not less than one year nor more than ten years. For a second or subsequent offense, the person must be imprisoned for not less than five years nor more than fifteen years. A sentence imposed for a violation of this section must not be suspended and probation must not be granted.

Section 16-23-760.   (A)   Unless otherwise ordered by a court of competent jurisdiction, photographs, electronic imaging, video tapes, or other identification or analysis of a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear material, or detonator identified by a qualified bomb technician or person qualified as a forensic expert in the field of destructive devices is admissible in any civil or criminal trial in lieu of production of the actual destructive device or detonator. Evidence transferred to the clerk of court by a qualified bomb technician for safekeeping must not be destroyed except pursuant to a court order issued by a court of competent jurisdiction.


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(B)   If a destructive device, explosive, incendiary, poisonous gas, toxic substance, whether chemical, biological, or nuclear material, or detonator that has been rendered inert and safe is introduced into evidence in any criminal or civil trial, the clerk of court may retain custody or transfer custody of the destructive device or detonator to a qualified bomb technician for safekeeping only after the destructive device has been preserved as evidence by photograph, video tape, or other suitable means of identification.

Section 16-23-770.   (A)   All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency.

(B)   On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both.

(C)   Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property which are in imminent danger.

(D)   The provisions of this article do not apply to the lawful use of:

(1)   fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes;


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(2)   pesticides which are manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972;

(3)   explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act;

(4)   ammunition for small arms and firearms;

(5)   components of ammunition for small arms and firearms;

(6)   ammunition reloading equipment;

(7)   the use of small arms propellant when used in war reenactments;

(8)   firearms, as defined in Section 16-8-10; or

(9)   fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23.

(E)   The provisions of this article do not apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties.

Section 16-23-780.   All state, county, and municipal law enforcement officers who encounter a known or suspected destructive device, biological or bacteriological weapon or a nuclear, biological, or chemical weapon of mass destruction in the course of their employment must immediately report the existence and location of the device or weapon to the State Law Enforcement Division for purposes of disseminating the information to law enforcement agencies, and to the appropriate state and local public health officials for purposes of enabling public health officials to assess the nature and extent of the threat of the device or weapon to public health."

SECTION   14.   Title 17 of the 1976 Code is amended by adding:

  "CHAPTER 30

Interception of Wire, Electronic, or Oral Communications

Section 17-30-10.   The interception of wire, electronic, or oral communications is hereby authorized only in the manner permitted by this chapter.

Section 17-30-15.   As used in this chapter:

(1)   'Wire communication' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of this connection in a switching station furnished or operated by any


Printed Page 2670 . . . . . Wednesday, May 22, 2002

person engaged in providing or operating the facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce. The term includes any electronic storage of the communication.

(2)   'Oral communication' means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.

(3)   'Intercept' means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

(4)   'Electronic, mechanical, or other device' means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than:

(a)   any telephone or telegraph instrument, equipment, or facility, or any component thereof:

( i)   furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or

(ii)   being used by a provider of wire or electronic communications service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his duties; or

(b)   a hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5)   'Person' means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the state, and any individual, partnership, association, joint stock company, trust, or corporation.

(6)   'Investigative or law enforcement officer' means an officer of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the state, who is empowered by law to conduct on behalf of the government investigations of or to make arrests for offenses enumerated in this chapter or similar federal offenses.


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(7)   'Contents', when used with respect to any wire, oral, or electronic communication, include any information concerning the substance, purport, or meaning of that communication.

(8)   'Judge of competent jurisdiction' means a circuit court judge designated by the Chief Justice of the Supreme Court of the State of South Carolina.

(9)   'Reviewing authority' means a panel of three judges of the South Carolina Court of Appeals designated by the Chief Judge of the South Carolina Court of Appeals.

(10)   'Aggrieved person' means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.

(11)   'Law enforcement agency' means the South Carolina Law Enforcement Division (SLED) or an agency of the United States if the primary responsibility of the agency is the prevention and detection of crime and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests.

(12)   'Communication common carrier' has the same meaning which is given the term 'common carrier' in 47 U.S.C. Section 153(h).

(13)   'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, photooptical system, or any other device that affects intrastate, interstate, or foreign commerce, but does not include:

(a)   any wire or oral communication;

(b)   any communication made through a tone-only paging device;

(c)   any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or

(d)   electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

(14)   'User' means any person or entity who:

(a)   uses an electronic communication service; and

(b)   is duly authorized by the provider of the service to engage in its use.

(15)   'Electronic communications system' means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications.


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(16)   'Electronic communication service' means any service which provides to users of the service the ability to send or receive wire or electronic communications.

(17)   'Readily accessible to the general public' means, with respect to a radio communication, that the communication is not:

(a)   scrambled or encrypted;

(b)   transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

(c)   carried on a subcarrier or other signal subsidiary to a radio transmission;

(d)   transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or

(e)   transmitted on frequencies allocated under Part 25; Subpart D, Subpart E, or Subpart F of Part 74; or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.

(18)   'Electronic storage' means:

(a)   any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; or

(b)   any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of such communication.

(19)   'Aural transfer' means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

(20)   'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system.

(21)   'Pen register' means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing or recording as an incident to billing, for communication services provided by the provider, or any device used by a provider or customer


Printed Page 2673 . . . . . Wednesday, May 22, 2002

of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(22)   'Trap and trace device' means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or a device from which a wire or electronic communication was transmitted.

(23)   'State' means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States.

Section 17-30-20.   Except as otherwise specifically provided in this chapter, a person who commits any of the following acts is guilty of a felony and, upon conviction, must be punished as provided in Section 17-30-50 of this chapter:

(1)   intentionally intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept any wire, oral, or electronic communication;

(2)   intentionally uses, attempts to use, or procures any other person to use or attempt to use any electronic, mechanical, or other device to intercept any oral communication when:

(a)   the device is affixed to or otherwise transmits a signal through a wire, cable, or other like connection used in wire communication; or

(b)   the device transmits communications by radio or interferes with the transmission of the communication;

(3)   intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(4)   intentionally uses or attempts to use the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or

(5)   intentionally discloses or attempts to disclose to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by Section 17-30-70 or Section 17-30-95 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation and the disclosure is not otherwise authorized under this chapter.


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Section 17-30-25.   (A)   It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public must not utilize service observing or random monitoring except for mechanical or service quality control checks.

(B)   Notwithstanding any other provision of law, a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person may provide information, facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electronic communications if the provider, or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been provided with:

(1)   a court order directing such assistance signed by the authorizing judge; or

(2)   a certification in writing by a person specified in Section 17-30-95 that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required.

(C)   A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person must not disclose the existence of any interception or the device used to accomplish the interception with respect to which the person has been furnished an order under this chapter, except as may otherwise be required by legal process and then only after prior notice to the Attorney General or his Assistant Attorney General. Any such disclosure renders the person liable for the civil damages provided under Section 17-30-135, and the person may be prosecuted. An action shall not be brought against a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.


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Section 17-30-30.   (A)   It is lawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. Chapter 5, to intercept a wire, oral, or electronic communication transmitted by radio or to disclose or use the information thereby obtained.

(B)   It is lawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.

(C)   It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.

Section 17-30-35.   (A)   It is lawful under this chapter for a person to:

(1)   intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;

(2)   intercept any radio communication which is transmitted by:

(a)   any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;

(b)   any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public;

(c)   a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(d)   any marine or aeronautical communications system;

(3)   engage in conduct which is:

(a)   prohibited by Section 633 of the Communications Act of 1934; or

(b)   excepted from the application of Section 705(a) of the Communications Act of 1934 and by Section 705(b) of that act;

(4)   intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station of consumer electronic equipment to the extent necessary to identify the source of the interference;


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(5)   intercept, if the person is another user of the same frequency, any radio communication that is not scrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system;

(6)   intercept a satellite transmission that is not scrambled or encrypted and that is transmitted:

(a)   to a broadcasting station for purposes of retransmission to the general public; or

(b)   as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, when the interception is not for the purposes of direct or indirect commercial advantage or private financial gain; or

(7)   intercept and privately view a private satellite video communication that is not scrambled or encrypted or to intercept a radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if the interception is not for an unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain.

(B)   It is lawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of such service.

Section 17-30-40.   (A)   Except as provided in subsection (B), a person or entity providing an electronic communication service to the public must not intentionally divulge the contents of any communication while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient.

(B)   A person or entity providing electronic communication service to the public may divulge the contents of the communication:

(1)   as otherwise authorized by this chapter;

(2)   with the lawful consent of the originator or any addressee or intended recipient of the communication;

(3)   to a person employed or authorized, or whose facilities are used to forward the communication to its destination; or

(4)   which were inadvertently obtained by the service provider and which appeared to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.


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Section 17-30-45.   It is lawful under this chapter to use a pen register or a trap and trace device as authorized under South Carolina law or under federal law.

Section 17-30-50.   (A)   Except as provided in subsection (B), whoever violates the provisions of Sections 17-30-20 through 17-30-45, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.

(B)   If the offense is a first offense under this chapter and is not for any unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under this chapter was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication, then:

(1)   if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in Section 17-30-35(7), the person committing the offense is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both;

(2)   if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, the person committing the offense, upon conviction, is guilty of a misdemeanor, and must be fined not more than one thousand dollars for each violation.

Section 17-30-55.   (A)   Except as otherwise specifically provided in this chapter, any person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, who intentionally:

(1)   sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the unlawful interception of wire, oral, or electronic communications as specifically defined by this chapter; or

(2)   manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the


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design of the device renders it primarily useful for the purpose of the unlawful interception of wire, oral, or electronic communications as specifically defined by this chapter.

(B)   It is lawful under this section for the persons listed in items (1) and (2) of this subsection to send through the mail, send, or carry in intrastate, interstate, or foreign commerce or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

The persons to whom this subsection applies are:

(1)   a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or

(2)   an officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision of the state, in the normal course of the activities of the United States, a state, or a political subdivision of the State.

Section 17-30-60.   Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the State.

Section 17-30-65.   (A)   Whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. The prohibition of use as evidence provided in this section does not apply in cases of prosecution for criminal interception in violation of the provisions of this chapter.

(B)   The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter and the contents of any application for an order and an order of authorization issued pursuant to this chapter are not included in the definition of a public record contained in Section 30-4-20(c), and may only be disclosed in a manner provided by this chapter.

Section 17-30-70.   (A)   An application for an order authorizing or approving the interception of wire, oral, or electronic communications


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must be initiated by the Chief of SLED. After reviewing the application, the Attorney General or his designated Assistant Attorney General may authorize the submission of the application to a judge of competent jurisdiction for, and the judge may grant in conformity with this chapter, an order authorizing or approving the interception of wire, oral, or electronic communications by:

(1)   the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of the offenses of murder (Section 16-3-10); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); drug trafficking as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); accessory before the fact to commit any of the above offenses (Section 16-1-40); or attempt to commit any of the above offenses (Section 16-1-80). This interception may also be authorized when it may provide or has provided evidence of any conspiracy or solicitation to commit any violation of the offenses specified in this subsection;

(2)   the South Carolina Law Enforcement Division for the investigation of the offense as to which the application is made when the interception may provide or has provided evidence of the commission of any offense related to terrorism or the commission of a terrorist act as provided for in Article 8, Chapter 23, Title 16, any offense related to bombs, destructive devices, bacteriological and biological weapons, and weapons of mass destruction as provided for in Article 7, Chapter 23, Title 16, or evidence of any conspiracy or solicitation to commit any crime specifically enumerated in this subsection; or

(3)   an individual operating under a contract with the South Carolina Law Enforcement Division for the investigation of an offense listed in subsection (1) or (2). Any interception conducted under this chapter by persons authorized by this subsection must conduct the interception under the direct supervision of an agent or officer of the South Carolina Law Enforcement Division.

(B)   Any person authorized to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145.


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Section 17-30-75.   (A)   Any SLED agent who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may disclose the contents to an attorney authorized by law to investigate and institute any action on behalf of the State of South Carolina or political subdivision of the State, or to another SLED agent, investigative, or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure.

(B)   Any SLED agent, investigative, or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may use the contents to the extent the use is appropriate to the proper performance of his official duties.

(C)   Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived from it, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the State or of the United States or in any grand jury proceedings.

(D)   No otherwise privileged wire, oral, or electronic communication intercepted in accordance with or in violation of the provisions of this chapter loses its privileged character.

(E)   When a SLED agent, while engaged in intercepting wire, oral, or electronic communications in the manner authorized by this chapter, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived from it may be disclosed or used as provided in subsections (A) and (B). The contents and any evidence derived from it may be used under subsection (C) when authorized or approved by a judge of competent jurisdiction when the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application must be made as soon as practicable.

Section 17-30-80.   (A)   Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter must be made in writing upon oath or affirmation to a judge of competent jurisdiction and must state the applicant's


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authority to make the application. Each application must include the following information:

(1)   the identity of the SLED agent making the application and the person authorizing the application;

(2)   a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including:

(a)   details as to the particular offense that has been, is being, or is about to be committed;

(b)   except as otherwise provided, a particular description of the nature and location of the facilities from which or the place where the communications are to be intercepted;

(c)   a particular description of the type of communications sought to be intercepted;

(d)   the identity of the person, if known, committing the offense and whose communications are to be intercepted;

(3)   a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(4)   a statement that the communications sought to be intercepted are not otherwise legally privileged;

(5)   a statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(6)   a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to a judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each of the applications; and

(7)   when the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception or a reasonable explanation of the failure to obtain the results.


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(B)   Allegations of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the facts alleged, this knowledge must be stated in the application. If the facts stated in the application are derived in whole or in part from the statements of persons other than the applicant, the sources of these facts must be either disclosed or described, and the application must contain the facts establishing the existence and reliability of the informants or the reliability of the information supplied by them. The application must also state, so far as possible, the basis of the informant's knowledge or belief. Affidavits of persons other than the applicant may be submitted in conjunction with the application if they tend to support any fact or conclusion alleged in the application. An accompanying affidavit may be based either on the personal knowledge of the affiant, or information and belief with the source of the information and the reason for belief specified.

(C)   The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. Any hearing ordered by the judge regarding the application must be tape recorded.

(D)   Upon application, the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting, and outside the jurisdiction but within the State of South Carolina in the case of a mobile interception device authorized by the judge within the jurisdiction, if the judge determines on the basis of the facts submitted by the applicant that:

(1)   there is probable cause for belief that an individual is committing, has committed, or is about to commit an offense as provided in Section 17-30-70;

(2)   there is probable cause for belief that particular communications concerning that offense will be obtained through the interception;

(3)   normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and

(4)   except as otherwise provided, there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense,


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or are leased to, listed in the name of, or commonly used by that person.

Section 17-30-85.   Each order authorizing or approving the interception of any wire, oral, or electronic communication must specify:

(1)   the identity of the person, if known, whose communications are to be intercepted;

(2)   the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

(3)   a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;

(4)   the identity of the agency authorized to intercept the communications and of the person authorizing the application; and

(5)   the period of time during which the interception is authorized, including a statement as to whether or not the interception automatically terminates when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication, upon the request of the applicant, must direct that a provider of wire or electronic communication service, landlord, custodian, or other person must furnish the applicant at once all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. The obligation of a provider of wire, oral, or electronic communication service under such an order may include, but is not limited to, conducting an in-progress trace during an interception, or providing other assistance to support the investigation as may be specified in the order.

Section 17-30-90.   (A)   No order entered may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization or in any event longer than thirty days. The thirty-day period begins on the day on which the South Carolina Law Enforcement Division first begins to conduct an interception under the order or ten days after the order is entered, whichever occurs earlier. Extensions of an order may be granted but only upon application for an extension made in accordance with Section 17-30-80(A) and upon the court making the findings required by Section 17-30-80(C). The period of extension must be no longer than the authorizing judge determines


Printed Page 2684 . . . . . Wednesday, May 22, 2002

necessary to achieve the purposes for which the extension was granted and in no event for longer than thirty days. Every order and extension of the order must contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective or in any event in thirty days. If the intercepted communication is in code or foreign language and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception. An interception under this chapter may be conducted by an agent of the South Carolina Law Enforcement Division or by an individual operating under a contract with and under the direct supervision of an agent of the South Carolina Law Enforcement Division.

(B)   When an order authorizing interception is entered pursuant to this chapter, the order must require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports must be made at such intervals as the judge may require.

(C)   Upon termination of the authorization in the warrant, all interception must cease and as soon as practicable after termination any device installed to accomplish interception must be removed or must be permanently deactivated by any means approved by the issuing judge.

Section 17-30-95.   (A)   Notwithstanding any other provision of this chapter, any agent of the South Carolina Law Enforcement Division specifically designated by the Attorney General or his designated Assistant Attorney General may intercept the wire, oral, or electronic communication if an application for an order approving the interception is made within forty-eight hours after the interception begins to occur, and the agent determines that more likely than not:

(1)   an emergency exists that involves an offense provided for in Section 17-30-70 and an immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner and requires that a wire, oral, or electronic communication be intercepted before an order authorizing the interception can, with due diligence, be obtained; and

(2)   there are grounds upon which an order could be entered under this chapter to authorize the interception.


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(B)   In the absence of an order, the interception must immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. If the application for approval is denied, or in any other case in which the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted must be treated as having been obtained in violation of Section 17-30-20, and an inventory must be served as provided for in Section 17-30-100(E) on the person named in the application.

(C)   Agents of the South Carolina Law Enforcement Division designated to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to Section 17-30-145.

(D)   A judge of competent jurisdiction must be notified orally of the intent to begin the interception of any wire, oral, or electronic communication when an emergency exists pursuant to the provisions of this section before any interception is conducted. The judge must make a written record of this notification.

Section 17-30-100.   (A)   The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter, if possible, must be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection must be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings must be made available to the judge issuing the order and sealed under his directions. Custody of the recordings must be wherever the judge orders. They must not be destroyed except upon an order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years. Duplicate recordings may be made for use or disclosure as permitted by this chapter.

(B)   The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, must be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom as required by federal law.

(C)   Applications made and orders granted under this chapter must be sealed by the judge. Custody of the applications and orders must be wherever the judge directs. As required by federal law, the applications and orders must be disclosed only upon a showing of good cause before


Printed Page 2686 . . . . . Wednesday, May 22, 2002

a judge of competent jurisdiction and must not be destroyed except on order of the issuing or denying judge, or that judge's successor in office, and in any event must be kept for ten years.

(D)   A violation of the provisions of this section may be punished as contempt of the issuing or denying judge.

(E)   Within a reasonable time but not later than ninety days after the termination of the period of an order or extensions of the order, the issuing or denying judge must cause to be served on the persons named in the order or the application, and those other parties to intercepted communications as the judge may determine in his discretion to be in the interest of justice, an inventory which must include notice of the:

(1)   fact of the entry of the order or the application;

(2)   date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application; and

(3)   the fact that during the period wire, oral, or electronic communications were or were not intercepted.

The judge, upon the filing of a motion, must make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, testimony, recordings, and orders that would otherwise be discoverable under the South Carolina Rules of Evidence, unless otherwise provided by federal law or Rules of Court. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this paragraph may be postponed.

Section 17-30-105.   As required by federal law, the contents of any intercepted wire, oral, or electronic communication or evidence derived therefrom must not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than ten days before the hearing or proceeding and not less than thirty days prior to trial, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved. These time periods may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information within the specified time periods before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information. In determining prejudice, the judge must specifically consider the complexity of the case, the duration of the recordings, and the party's need to retain experts to review the material and must also take these factors into consideration when deciding a motion for continuance made by a party furnished with these materials after the time periods set out above. Upon filing of a motion by an


Printed Page 2687 . . . . . Wednesday, May 22, 2002

aggrieved person, the judge must make available to the aggrieved person or his counsel for inspection the portions of the intercepted communication or evidence derived therefrom that would be otherwise discoverable under South Carolina law.

Section 17-30-110.   (A)   Prior to any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority, any aggrieved person may move to suppress the contents of any intercepted wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that the:

(1)   communication was unlawfully intercepted;

(2)   order of authorization or approval under which it was intercepted is insufficient on its face; or

(3)   interception was not made in conformity with the order of authorization or approval.

The motion must be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. The motion must be made before the reviewing authority and must be decided on an expedited basis. Upon receiving the motion, the reviewing authority must notify the issuing judge who must transfer copies of the contents of all recordings, applications, orders, and other documents relating to the issuance of the order of authorization. Disclosure of the contents of these materials must only be to the extent necessary to effectively render a decision or to the extent authorized by this chapter. The issuing judge also must designate the portions of these materials that were made available to the aggrieved person. After reviewing the materials, the reviewing authority must first determine whether all materials otherwise discoverable under South Carolina law were made available to the aggrieved person. If a majority of the members of the reviewing authority determines that not all of the necessary materials were made available, the reviewing authority may order that those additional portions be made available and allow the aggrieved person appropriate time to review the materials. The aggrieved person may then amend his motion to include any additional grounds derived from the additional materials. If a majority of the members of the reviewing authority determine that all necessary materials were made available, the reviewing authority must decide whether the order of authorization was issued and the communications were intercepted in conformity with the requirements of this chapter. If the reviewing authority does not unanimously determine that the order of authorization was issued and the communications were intercepted in conformity with the


Printed Page 2688 . . . . . Wednesday, May 22, 2002

requirements of this chapter, the contents of the intercepted wire or oral communication or evidence derived therefrom must be treated as having been obtained in violation of this chapter. Unless otherwise provided by federal law or Rules of Court, all South Carolina Rules of Evidence apply. The reviewing authority may, in its discretion, conduct a hearing and require additional testimony or documentary evidence. All proceedings requiring the use of the contents of any intercepted communication that are the subject of the motion to suppress pursuant to this section are automatically stayed pending the determination of the motion to suppress.

(B)   The State has the right to appeal an order granting a motion to suppress made under subsection (A). The judges of the South Carolina Court of Appeals en banc have initial appellate jurisdiction over the appeal. All other appellate procedures remain in force and effect.

(C)   The State has the right to appeal the denial of the application of an order of authorization or approval. The appeal must be directed to the reviewing authority and must be conducted in a manner consistent with subsection (A). In addition to the requirements of subsection (A), the reviewing authority must unanimously determine that the issuing judge abused his discretion in denying an application for an order of approval before the decision of the issuing judge may be overturned. Upon a determination of an abuse of discretion, the reviewing authority must order that the application of authorization or approval be granted and an order of authorization or approval be issued. The State has no further right to appeal the decision of the reviewing authority. For purposes of the aggrieved person, an order granted pursuant to this subsection is considered interlocutory. The appeal must be taken within thirty days after the date the order was entered and must be diligently prosecuted.

(D)   The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for violations of those sections involving the communications.

Section 17-30-115.   The requirements relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:

(1)   in the case of an application with respect to the interception of an oral communication the:

(a)   application is initiated by the Chief of the South Carolina Law Enforcement Division (SLED) and is approved by the Attorney General or his designated Assistant Attorney General;


Printed Page 2689 . . . . . Wednesday, May 22, 2002

(b)   application contains a full and complete statement as to why the specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

(c)   judge finds that the specification is not practical; and

(2)   in the case of an application with respect to a wire or electronic communication the:

(a)   application is initiated by the Chief of SLED and is approved by the Attorney General or his designated Assistant Attorney General;

(b)   application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;

(c)   judge finds that such showing has been adequately made; and

(d)   order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which the communication will be or was transmitted.

Section 17-30-120.   If an interception of a communication is to be carried out pursuant to Section 17-30-115, the interception may not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided under Section 17-30-115 may petition the court to modify or quash the order on the ground that the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the State, must decide such a petition expeditiously.

Section 17-30-125.   (A)   The supervising agent of the South Carolina Law Enforcement Division or the supervising law enforcement officer of a political subdivision of this State at the scene of an incident where there is reasonable cause to believe:

(1)   involves immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner;

(2)   that a person is holding one or more hostages;

(3)   that there is the probability that a subject about to be arrested will resist with the use of weapons; or

(4)   that a person has barricaded himself and is armed and is threatening suicide;


Printed Page 2690 . . . . . Wednesday, May 22, 2002

may order law enforcement or telephone company personnel to cut, reroute, or divert telephone lines solely for the purpose of preventing telephone communications between the suspect and any person other than a law enforcement officer or the law enforcement officer's designee, if the cutting, rerouting, or diverting of telephone lines is technically feasible and can be performed without endangering the lives of telephone company or other utility personnel.

(B)   The good faith reliance by a telephone company on an oral or written order to cut, reroute, divert, or intercept telephone lines given by a supervising law enforcement officer under subsection (A) constitutes a complete defense to any civil, criminal, or administrative action arising out of the order.

Section 17-30-130.   Any intercepted wire, oral, or electronic communication must be reported to the Administrative Office of the United States Courts as outlined in 18 U.S.C. Section 2519.

Section 17-30-135.   (A)   Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter has a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use the communications and must be entitled to recover from the person or entity which engaged in that violation relief as may be appropriate, including:

(1)   preliminary or equitable or declaratory relief as may be appropriate;

(2)   actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater;

(3)   punitive damages; and

(4)   a reasonable attorney's fee and other litigation costs reasonably incurred.

(B)   A good faith reliance on a court order, subpoena, or a request of an agent of the South Carolina Law Enforcement Division under Section 17-30-95 constitutes a complete defense to any civil or criminal or administrative action arising out of the conduct under the laws of this State.

(C)   A civil action under this section may not be commenced later than five years after the date upon which the claimant first has a reasonable opportunity to discover the violation.

(D)   Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter is entitled to a jury trial.


Printed Page 2691 . . . . . Wednesday, May 22, 2002

(E)   An investigative or law enforcement officer or governmental entity who wilfully discloses or uses information beyond the extent permitted by law is in violation of this chapter and subject to civil and criminal and penalties as provided in this chapter.

Section 17-30-140.   (A)   The Attorney General or any solicitor may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device by the South Carolina Law Enforcement Division or any law enforcement entity of a political subdivision of this State.

(B)   An application under subsection (A) of this section must include:

(1)   a statement of the identity of the applicant;

(2)   a certification by the applicant that probable cause exists to believe that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the South Carolina Law Enforcement Division or any law enforcement entity of a political subdivision of this State which may provide evidence relating to any offense or any evidence of any conspiracy or solicitation to commit any violation of the laws of this State;

(3)   a statement of the offense to which the information likely to be obtained relates; and

(4)   a statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which the authorization is being sought.

(C)   Upon application made as provided under subsection (B), the court, upon a finding that the certification and statements required by subsection (B) have been made in the application and probable cause exists, must enter an ex parte order authorizing the installation and use of a mobile tracking device. The order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of South Carolina if the device is installed within the jurisdiction of the court.

(D)   A court may require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order.

(E)   The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices apply to the installation and use of any device as authorized by this section.

(F)   As used in this section, a 'tracking device' means an electronic or mechanical device which permits the tracking of the movement of a person or object.


Printed Page 2692 . . . . . Wednesday, May 22, 2002

Section 17-30-145.   Any SLED agent or an individual operating under a contract with the South Carolina Law Enforcement Division authorized under the provisions of this chapter to intercept wire, oral, or electronic communications must undergo training by SLED in conducting such surveillance with emphasis on techniques for minimizing the interception of communications that fall outside of the communications subject to interception pursuant to the provisions of this chapter."

SECTION   15.   Section 25-1-420 of the 1976 Code is amended to read:

"Section 25-1-420.   There is established within the office of the Adjutant General the South Carolina Preparedness Division (Division) (division).

The Division division shall must be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.

The Division division shall be is responsible for the implementation of the following:

(a)   Coordinating coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan.;

(b)   Conducting conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan.;

(c)   Establishing establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force.;

(d)   Establishing establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information.; and

(e)   establishing a statewide Urban Search and Recovery Team for response to emergency situations, to the extent that funding is provided by the General Assembly."

SECTION   16.   Section 25-1-440 off the 1976 Code is amended to read:

"Section 25-1-440.   (a)   The Governor, when an emergency has been declared, as the elected Chief Executive of the State, shall be is responsible for the safety, security, and welfare of the State and shall be is empowered with the following additional authority to adequately discharge this responsibility:


Printed Page 2693 . . . . . Wednesday, May 22, 2002

(1)   Issue issue emergency proclamations and regulations and amend or rescind them. Such These proclamations and regulations shall have the force and effect of law as long as the emergency exists.;

(2)   Declare declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent, and extraordinary measures are deemed considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly.;

(3)   Suspend suspend provisions of existing regulations prescribing procedures for conduct of state business if strict compliance with the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the emergency.;

(4)   Utilize utilize all available resources of state government as reasonably necessary to cope with the emergency.;

(5)   Transfer transfer the direction, personnel, or functions of state departments, agencies and commissions, or units thereof, for purposes of facilitating or performing emergency services as necessary or desirable.;

(6) Compel compel performance by elected and appointed state, county, and municipal officials and employees of the emergency duties and functions assigned them in the State Emergency Plan or by Executive Order.;

(7)   Direct direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is deemed considered necessary for the preservation of life or other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein.;

(8)   Within within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State:

(i)   Request request and accept a grant by the federal government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster-related expenses or serious needs that may not be otherwise met otherwise from other means of assistance.;


Printed Page 2694 . . . . . Wednesday, May 22, 2002

(ii)   Enter enter into an agreement with the federal government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (i) of this item, under a ratio not to exceed twenty-five percent of the assistance.;

(iii)   Make make financial grants to meet disaster related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance. No individual or family may receive grants aggregating more than ten thousand dollars with respect to any single major disaster subject to the limitations contained in subitem (ii) of this item. The ten thousand dollar limit must annually be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor.; and

(iv)   Promulgate promulgate necessary regulations for carrying out the purposes of this item.

(b)   The Governor shall be is responsible for the development and coordination of a system of Comprehensive Emergency Management which shall must include provisions for mitigation, preparedness, response, and recovery in anticipated and actual emergency situations.

(c)(1)   Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance made available pursuant to item (8) of subsubsection (a) of this subsection, upon conviction of each offense, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

(2)   Any person who knowingly violates any regulation promulgated pursuant to item (8) of subsection (a) of this subsection is subject to a civil penalty of not more than two thousand dollars for each violation.

(3)   A grant recipient who misapplies financial assistance made available by item (8) of subsubsection (a) of this subsection is subject to a civil penalty in an amount equal to one hundred fifty percent of the original grant amount.

(d)(1)   The Governor must appoint the Public Health Emergency Plan Committee, consisting of representatives of all state agencies relevant to public health emergency preparedness, and, in addition, a licensed physician from the private sector specializing in infectious diseases, a hospital infection control practitioner, a medical examiner, a coroner from an urban county or the coroner's designee, a member of the judiciary, and other members as may be considered appropriate.


Printed Page 2695 . . . . . Wednesday, May 22, 2002

(2)   Prior to the declaration of a public health emergency, the Governor must consult with the Public Health Planning Committee, and may consult with any public health agency and other experts as necessary. Nothing herein shall be construed to limit the Governor's authority to act without such consultation when the situation calls for prompt and timely action.

(e)   The state of public health emergency must be declared by an executive order that indicates the nature of the public health emergency, the areas that are or may be threatened, and the conditions that have brought about the public health emergency. In addition to the powers and duties provided in this article and in Article 7, Chapter 3, Title 1, the declaration of a state of public health emergency authorizes implementation of the provisions of Chapter 4, Title 44, the Emergency Health Powers Act. The declaration authorizes the deployment and use of any resources and personnel, including, but not limited to, local officers and employees qualified as first responders, to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this act."

SECTION   17.   Section 30-4-20(c) is amended by adding a new sentence at the end of the subitem to read:

"Information relating to security plans and devices proposed, adopted, installed, or utilized by a public body, other than amounts expended for adoption, implementation, or installation of these plans and devices, is required to be closed to the public and is not considered to be made open to the public under the provisions of this act."

SECTION   18.   Section 30-4-40(a)(3) of the 1976 Code is amended to read:

"(3)   Records of law enforcement and public safety agencies not otherwise available by state and federal law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:

(A)   Disclosing disclosing identity of informants not otherwise known;

(B)   The the premature release of information to be used in a prospective law enforcement action;

(C)   Disclosing disclosing investigatory techniques not otherwise known outside the government;

(D)   By by endangering the life, health, or property of any person; or


Printed Page 2696 . . . . . Wednesday, May 22, 2002

(E)   disclosing any contents of intercepted wire, oral, or electronic communications not otherwise disclosed during a trial."

SECTION   19.   Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )   Structural bridge plans or designs unless: (a) the release is necessary for procurement purposes; or (b) the plans or designs are the subject of a negligence action, an action set forth in Section 15-3-530, or an action brought pursuant to Chapter 78 of Title 15, and the request is made pursuant to a judicial order."

SECTION   20.   Section 33-56-120 of the 1976 Code, as last amended by Act 336 of 2000, is further amended by adding:

"(G)   A person shall not knowingly or wilfully use a misleading practice or device to solicit the contribution or sale of goods or services for a charitable purpose in connection with a declared state of emergency or disaster as described in Section 39-5-147. Penalties provided in this chapter are cumulative of and in addition to those provided in Section 39-5-147."

SECTION   21.   Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-145.   (A)   As used in this section:

(1)   'Commodity' means goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.

(2)(a)   'Unconscionable price' means an amount charged, which:

(i)     represents a gross disparity between the price of the commodity or rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends; or

(ii)   grossly exceeds the average price at which the same or similar commodity, dwelling unit, including a motel or hotel unit or


Printed Page 2697 . . . . . Wednesday, May 22, 2002

other temporary lodging, or self-storage facility was readily obtainable in the trade area during the thirty days immediately before a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of the dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility, or regional, national, or international market trends.

(b)   It is prima facie evidence that a price is unconscionable if it meets the definition of item (i) or (ii).

(B)(1)   Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to:

(a)   rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared; or

(b)   impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared.

(2)   This prohibition remains in effect until the declaration expires or is terminated.

(C)(1)   Upon a declaration of a state of disaster by the President, in which the disaster area includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee in this State to:

(a)   rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of disaster is declared; or

(b)   impose unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit or other temporary lodging, or self-storage facility within the area for which the state of disaster is declared.

(2)   This prohibition remains in effect until the declaration expires or is terminated.

(D)   A price increase approved by an appropriate government agency is not a violation of this section.

(E)   This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.


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(F)   This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster, the governmental entity must notify the Governor's Office of such declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at the termination of the state of emergency.

(G)   In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days.

(H)   Any person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing such action in order to rebut any presumption or evidence of violation of this section.

Section 39-5-147.   (A)   Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to solicit the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.

(B)   Upon a declaration of a state of disaster by the President, in which the disaster areas includes all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee to solicit in this State the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.

(C)   These prohibitions remain in effect until the declaration of emergency or disaster expires or is terminated.

(D)   In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days.

Section 39-5-149.   A trade association, corporation, or partnership may register an agent for the purposes of being notified when the Governor declares and terminates a state of emergency. A trade


Printed Page 2699 . . . . . Wednesday, May 22, 2002

association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agent or agents. The Governor's Office is responsible for notifying the registered agents simultaneous to the declaration and termination of the state of emergency."

SECTION   22.   Section 44-1-80 of the 1976 Code is amended to read:

"Section 44-1-80.   (A)   The Board of Health and Environmental Control or its designated agents shall must investigate the reported causes of communicable or epidemic disease and shall must enforce or prescribe such these preventive measures as may be needed to suppress or prevent the spread of such these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State. The Board of Health and Environmental Control or its designated agents shall declare, when the facts justify it, any place to be as infected and, in case of hydrophobia or other diseases transmitted from animals to man, shall must declare such animal or animals quarantined, and shall must place all such restrictions upon ingress and egress of persons or animals therefrom as may be, in its judgment, necessary to prevent the spread of disease from the infected locality.

(B)(1)   Whenever the board learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to cause a public health emergency, as defined in Section 44-4-130, it is authorized to notify the appropriate public safety authority, tribal authorities, and federal health and public safety authorities.

(2)   The sharing of information on reportable illnesses, health conditions, unusual clusters, or suspicious events between authorized personnel must be restricted to information necessary for the treatment, control, investigation, and prevention of a public health emergency. Restriction of access to this information to those authorized personnel for the protection of public health ensures compliance with all state and federal health information privacy laws.

(3)   The board and its agents must have full access to medical records and non-medical records when necessary to investigate the causes, character, and means of preventing the spread of a qualifying health event or public health emergency. For purposes of this item, 'non-medical records' mean records of entities, including businesses, health facilities, and pharmacies, which are needed to adequately


Printed Page 2700 . . . . . Wednesday, May 22, 2002

identify and locate persons believed to have been potentially exposed or known to have been infected with a contagious disease.

(4)   An order of the board given to effectuate the purposes of this subsection is enforceable immediately by the public safety authority.

(5)   For purposes of this subsection, the terms qualifying health event, public health emergency, and public safety authority have the same meanings as provided in Section 44-4-130."

SECTION   23.   Section 44-1-100 of the 1976 Code is amended to read:

"Section 44-1-100.   All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns shall must aid and assist the Director of the Department of Health and Environmental Control and shall must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44."

SECTION   24.   Title 44 of the 1976 Code is amended by adding:

  "Article 1

General Provisions

Section 44-4-100.   This act may be cited as the `Emergency Health Powers Act.'

Section 44-4-110.   The General Assembly finds that:

(1)   The government must do more to protect the health, safety, and general well being of our citizens.

(2)   New and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose serious and immediate threats.

(3)   A renewed focus on the prevention, detection, management, and containment of public health emergencies is called for.

(4)   Emergency health threats, including those caused by chemical terrorism, radiological terrorism, bioterrorism, and epidemics, require the exercise of extraordinary government functions. Chemical terrorism and bioterrorism pose especial threats to the food supply of the State.


Printed Page 2701 . . . . . Wednesday, May 22, 2002

(5)   This State must have the ability to respond, rapidly and effectively, to potential or actual public health emergencies.

(6)   The exercise of emergency health powers must promote the common good.

(7)   Emergency health powers must be grounded in a thorough scientific understanding of public health threats and disease transmission.

(8)   Guided by principles of justice, it is the duty of this State to act with fairness and tolerance toward individuals and groups.

(9)   The rights of people to liberty, bodily integrity, and privacy must be respected to the fullest extent possible consistent with the overriding importance of the public's health and security.

(10)   This act is necessary to protect the health and safety of the citizens of this State.

Section 44-4-120.   The purposes of this act are:

(1)   to authorize the collection of data and records, the control of property, the management of persons, and access to communications as may be strictly necessary to accomplish the purposes of this act;

(2)   to facilitate the early detection of a qualifying health event or public health emergency and allow for immediate investigation of such an emergency by granting access to individuals' health information under specified circumstances;

(3)   to grant state officials the authority to use and appropriate property as necessary for the care, treatment, and housing of patients, and for the destruction or decontamination of contaminated materials;

(4)   to grant state officials the authority to provide care and treatment to persons who are ill or who have been exposed to infection, and to separate affected individuals from the population at large for the purpose of interrupting the transmission of infectious disease;

(5)   to ensure that the needs of infected or exposed persons will be addressed to the fullest extent possible, given the primary goal of controlling serious health threats;

(6)   to provide state officials with the ability to prevent, detect, manage, and contain emergency health threats without unduly interfering with civil rights and liberties; and

(7)   to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency.

Section 44-4-130.   As used in the chapter:

(A)   'Biological agent' means a microorganism, virus, infectious substance, naturally occurring or bioengineered product, or other


Printed Page 2702 . . . . . Wednesday, May 22, 2002

biological material that could cause death, disease, or other harm to a human, animal, a plant, or another living organism.

(B)   'Bioterrorism' means the intentional use or threatened use of a biological agent to harm or endanger members of the public.

(C)   'Chemical agent' means a poisonous chemical agent that has the capacity to cause death, disease, or other harm to a human, an animal, a plant, or another living organism.

(D)   'Chemical terrorism' means the intentional use or threatened use of a chemical agent to harm or endanger members of the public.

(E)   'Chain of custody' means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing, and transporting the specimens and reporting test results.

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

(G)   'Contagious disease' is an infectious disease that can be transmitted from person to person, animal to person, or insect to person.

(H)   'Coroners, medical examiners, and funeral directors' have the same meanings as provided in Sections 17-5-5 and 40-19-10, respectively.

(I)   'DHEC' means the Department of Health and Environmental Control or any person authorized to act on behalf of the Department of Health and Environmental Control.

(J)   'Facility' means any real property, building, structure, or other improvement to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation.

(K)   'Health care facility' means any non-federal institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult day-care centers. The term also includes, but is not limited to, the following related


Printed Page 2703 . . . . . Wednesday, May 22, 2002

property when used for or in connection with the foregoing: laboratories, research facilities, pharmacies, laundry facilities, health personnel training and lodging facilities, and patient, guest, and health personnel food service facilities, and offices and office buildings for persons engaged in health care professions or services.

(L)   'Health care provider' means any person or entity who provides health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, firefighters who provide emergency medical care, emergency medical or laboratory technicians, and ambulance and emergency medical workers. This includes out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of South Carolina. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.

(M)   'Infectious disease' is a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.

(N)   'Isolation' and 'quarantine' mean the compulsory physical separation (including the restriction of movement or confinement) of individuals and/or groups believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others; if the context so requires, 'quarantine' means compulsory physical separation, including restriction of movement, of populations or groups of healthy people who have been potentially exposed to a contagious disease, or to efforts to segregate these persons within specified geographic areas. 'Isolation' means the separation and confinement of individuals known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease to prevent them from transmitting disease to others.

(O)   'Protected health information' means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either


Printed Page 2704 . . . . . Wednesday, May 22, 2002

alone or with other information that is, or reasonably should be known to be, available to predictable recipients of such information) to reveal the identity of that individual.

(P)   'Public health emergency' means the occurrence or imminent risk of a qualifying health condition.

(Q)   'Public safety authority' means the Department of Public Safety, the State Law Enforcement Division, or designated persons authorized to act on behalf of the Department of Public Safety, the State Law Enforcement Division, including, but not limited to, local governmental agencies that act principally to protect or preserve the public safety, or full time commissioned law enforcement persons.

(R)   'Qualifying health condition' means an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, or serious economic impact to the agricultural sector, including food supply.

(S)   'Radioactive material' means a radioactive substance that has the capacity to cause bodily injury or death to a human, an animal, a plant, or another living organism.

(T)   'Radiological terrorism' means the intentional use or threatened use of a radioactive material to harm or endanger members of the public.

(U)   'Specimens' include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests, and environmental samples or other samples needed to diagnose potential chemical, biological, or radiological contamination.

(V)   'Tests' include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare.

(W)   'Trial court' is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for county in which a public health emergency has been declared.

  Article 3

Special Powers During State Of Public Health Emergency: Control of Property

Section 44-4-300.   After the declaration of a state of public health emergency, DHEC may exercise, in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State


Printed Page 2705 . . . . . Wednesday, May 22, 2002

Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials:

(1)   to close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health; and

(2)   to decontaminate or cause to be decontaminated, any material of which there is reasonable cause to believe that it may endanger the public health.

Section 44-4-310.   DHEC, in coordination with the guidelines of the State Emergency Operations Plan, may, for such period as the state of public health emergency exists and as may be reasonable and necessary for emergency response, require a health care facility to provide services or the use of its facility if the services are reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business in the State as a health care facility. When DHEC needs the use or services of the facility to isolate or quarantine individuals during a public health emergency, the management and supervision of the health care facility must be coordinated with DHEC to ensure protection of existing patients and compliance with the terms of this act.

Section 44-4-320.   (A)   DHEC must coordinate with coroners, medical examiners, and funeral directors, for such period as the state of public health emergency exists, to exercise, in addition to existing powers, the following powers regarding the safe disposal of human remains:

(1)   to take possession or control of any human remains which cannot be safely handled otherwise;

(2)   to order the disposal of human remains of a person who has died of an infectious disease through burial or cremation within twenty-four hours after death;

(3)   to require any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State to accept any human remains or provide the use of its business or facility if these actions are reasonable and necessary for emergency response. When necessary during the period of time of the public health emergency, DHEC must coordinate with the business or facility on the management or supervision of the business or facility; and


Printed Page 2706 . . . . . Wednesday, May 22, 2002

(4)   to procure, by order or otherwise, any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.

(B)   Where possible, existing provisions set forth in the State Operations Plan for the safe disposal of human remains must be used in a public health emergency. Where the State Operations Plan is not sufficient to handle the safe disposal of human remains for a public health emergency, DHEC, in coordination with coroners, medical examiners and funeral directors, must adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, transportation, and disposal of human remains.

(C)   All human remains prior to disposal must be clearly labeled with all available information to identify the decedent and the circumstances of death. Any human remains of a deceased person with an infectious disease must have an external, clearly visible tag indicating that the human remains are infected and, if known, the infectious disease.

(D)   Every person in charge of disposing of any human remains must maintain a written record of each set of human remains and all available information to identify the decedent and the circumstances of death and disposal. If the human remains cannot be identified, prior to disposal, a qualified person must, to the extent possible, take fingerprints and one or more photographs of the human remains, and collect a DNA specimen. All information gathered under this paragraph must be promptly forwarded to the DHEC. Identification must be handled by the agencies that have laboratories suitable for DNA identification.

Section 44-4-330.   (A)   After the declaration of a public health emergency, DHEC may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.

(B)(1)   If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC, DHEC may control, restrict, and regulate by rationing and


Printed Page 2707 . . . . . Wednesday, May 22, 2002

using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC must give preference to health care providers, disaster response personnel, and mortuary staff.

(2)   During a state of public health emergency, the DHEC may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.

(3)   If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.

Section 44-4-340.   To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this article, DHEC in coordination with the applicable law enforcement agency must institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this State or any such rules that may be developed by the courts for use during a state of public health emergency. Any property acquired by DHEC through such proceedings must, after entry of the decree, be disposed of by destruction as the court may direct.

  Article 5

Special Powers During State Of Public Health Emergency: Control of Persons

Section 44-4-500.   During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.

Section 44-4-510.   (A)(1)   During a state of public health emergency, DHEC may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.

(2)   DHEC may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a


Printed Page 2708 . . . . . Wednesday, May 22, 2002

contagious or possibly contagious disease or otherwise poses a danger to public health.

(B)(1)   Physical examinations or tests may be performed by any qualified person authorized to do so by DHEC.

(2)   Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.

Section 44-4-520.   (A)   During a state of public health emergency, DHEC may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:

(1)   to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;

(2)   to treat persons exposed to or infected with disease; and

(3)   to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, persons who are unable or unwilling for any reason (including, but not limiting to health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.

(B)   Vaccinations or treatment, or both, must be provided only to those individuals who agree to the vaccinations or treatment, or both.

(C)(1)   Vaccination may be performed by any qualified person authorized by DHEC.

(2)   To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.

(D)(1)   Treatment must be administered by any qualified person authorized to do so by DHEC.

(2)   Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.

Section 44-4-530.   (A)   During a public health emergency, DHEC may isolate or quarantine an individual or groups of individuals. This includes individuals or groups who have not been vaccinated, treated, tested, or examined pursuant to Sections 44-4-510 and 44-4-520. DHEC may also establish and maintain places of isolation and quarantine, and set rules and make orders.

(B)   DHEC must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:

(1)   isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;


Printed Page 2709 . . . . . Wednesday, May 22, 2002

(2)   individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;

(3)   the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;

(4)   if a quarantined individual becomes infected or is reasonably believed to be infected with a contagious or possibly contagious disease, he or she must be promptly removed to isolation;

(5)   isolated and quarantined individuals must be immediately released when they pose no substantial risk of transmitting a contagious or possibly contagious disease to others;

(6)   the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;

(7)   premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harm to persons isolated or quarantined; and

(8)   to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises.

(C)   Persons subject to isolation or quarantine must comply with DHEC's rules and orders and must not go beyond the isolation or quarantine premises. Failure to comply with these provisions constitutes a misdemeanor.

(D)(1)   DHEC may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.

(2)   No person, other than a person authorized by DHEC, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a misdemeanor.

(3)   Any person entering an isolation or quarantine premises with or without authorization of DHEC may be isolated or quarantined as provided for in this act.

Section 44-4-540.   (A)   During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section.


Printed Page 2710 . . . . . Wednesday, May 22, 2002

(B)(1)   DHEC may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.

(2)   The emergency order must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a copy of Article VI of this act and relevant definitions of this act.

(3)   A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.

(4)   Within ten days after issuing the emergency order, DHEC must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.

(C)(1)   DHEC may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.

(2)   A petition under subsection (C)(1) must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-630(B); and (vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit of DHEC attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.

(3)   Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.

(4)   A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary


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circumstances and for good cause shown, DHEC may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.

(5)(a)   The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.

(b)   An order authorizing isolation or quarantine may do so for a period not to exceed thirty days.

(c)   The order must (i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances; (ii) specify factual findings warranting isolation or quarantine pursuant to this act; (iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and (iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.

(d)   Prior to the expiration of an order issued pursuant to this item, DHEC may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.

(D)(1)   An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.

(2)(a)   An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.

(b)   Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief,


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the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.

(c)   Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.

(3)   In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC may move the court to extend the time for a hearing, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.

(E)   A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allows all parties to fully participate.

(F)   The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.

(H)   In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:

(1)   the number of individuals involved or to be affected is so large as to render individual participation impractical;


Printed Page 2713 . . . . . Wednesday, May 22, 2002

(2)   there are questions of law or fact common to the individual claims or rights to be determined;

(3)   the group claims or rights to be determined are typical of the affected individuals' claims or rights; and

(4)   the entire group will be adequately represented in the consolidation.

Section 44-4-550.   (A)(1)   DHEC may, for such period as the state of public health emergency exists, collect or cause to be collected specimens and perform tests on any person or animal, living or deceased, and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.

(2)   Specimens shall be collected only from those individuals who agree to have specimens collected or who agree to have tests performed.

(3)   All specimens must be clearly marked.

(4)   Specimen collection, handling, storage, and transport to the testing site must be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling, and transport of the specimen.

(5)   Any person authorized to collect specimens or perform tests must use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.

(B)   Any business, facility, or agency authorized to collect specimens or perform tests must provide such support as is reasonable and necessary to aid in a relevant criminal investigation.

Section 44-4-560.   (A)   Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to:

(1)   provide treatment to the individual who is the subject of the health information;

(2)   conduct epidemiological research; or

(3)   investigate the causes of transmission.

(B)   Protected health information held by DHEC must not be disclosed to others without individual specific informed authorization except for disclosures made:

(1)   directly to the individual;


Printed Page 2714 . . . . . Wednesday, May 22, 2002

(2)   to the individual's immediate family members or life partners;

(3)   to appropriate state or federal agencies or authorities when necessary to protect public health;

(4)   to health care personnel where needed to protect the health or life of the individual who is the subject of the information;

(5)   pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or

(6)   to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.

Section 44-4-570.   (A)   The appropriate licensing authority, in coordination with DHEC and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:

(1)   to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;

(2)   to appoint and prescribe the duties of such out-of-state emergency health care providers as may be reasonable and necessary for emergency response; and

(3)   to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.

(B)(1)   The appointment of out-of-state emergency health care providers pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The appropriate licensing authority may terminate the out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.

(2)   The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.

(3)   Any out-of-state emergency health care provider appointed pursuant to this section shall not be held liable for any civil damages as a result of medical care or treatment related to the emergency response


Printed Page 2715 . . . . . Wednesday, May 22, 2002

unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.

(C)(1)   The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, provided that any such termination will not impede the performance of the duties of the office.

(2)   The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.

(D)   Any person appointed pursuant to this section who in good faith performs the assigned duties is not liable for any civil damages for any personal injury as the result of any act or omission, except acts or omissions amounting to gross negligence or wilful or wanton misconduct."

SECTION   25.   Section 44-29-10 of the 1976 Code is amended to read:

"Section 44-29-10.   (A)   In all cases of known or suspected contagious or infectious diseases occurring within this State the attending physician shall must report such these disease to the county health department within twenty-four hours, stating the name and address of the patient and the nature of the disease. The county health department shall must report to the Department of Health and Environmental Control all such cases of infectious and contagious diseases as have been reported during the preceding month, such these reports to be made upon blanks furnished by the Department of Health and Environmental Control. The Department of Health and Environmental Control shall must designate the diseases it considers contagious and infectious. The Department of Health and Environmental Control may also designate other diseases for mandatory reporting by physicians. Any physician who fails to comply with the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for a period not exceeding thirty days.

(B)   A health care provider, coroner, medical examiner, or any person or entity that maintains a database containing healthcare data must report all cases of persons who harbor any illness or health


Printed Page 2716 . . . . . Wednesday, May 22, 2002

condition that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The Department of Health and Environmental Control must designate reportable illnesses and health conditions as set forth in subsection (A).

(C)   A pharmacist must report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to:

(1)   an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints;

(2)   an unusual increase in the number of prescriptions for antibiotics;

(3)   an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and

(4)   any prescription that treats a disease that is relatively uncommon and has bioterrorism potential.

(D)   The reports of conditions must be made in the form and manner as prescribed by DHEC in regulations concerning infectious diseases. The reports must be made to the Bureau of Disease Control in the manner required in the regulations. When available, clinical information supporting the diagnoses, including results of specific diagnostic tests, must be included.

(E)   For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130."

SECTION   26.   Section 44-93-40 of the 1976 Code is amended to read:

"Section 44-93-40.   (A)   To carry out the provisions and purposes of this chapter, the department may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or facility in which infectious waste is generated or managed; and issue,


Printed Page 2717 . . . . . Wednesday, May 22, 2002

deny, revoke, suspend, or modify registration, permits, or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites. No permit or registration may be revoked without first providing an opportunity for a hearing as provided pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.

(B)   After the declaration of a public health emergency, as defined in Section 44-4-130, the department may exercise, for such period as the state of public health emergency exists, the following powers, in addition to any existing powers it has, for the safe disposal of infectious waste:

(1)   to adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;

(2)   to require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State, and any landfill business or other such property, to accept infectious waste or provide services or the use of the business, facility, or emergency. When necessary during the state of the public health emergency, the business or facility must coordinate with the department on the management or supervision of the business or facility; and

(3)   to procure, by order or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State and any landfill business or other such property as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof."

SECTION   27.   Chapter 7, Title 46 of the 1976 Code is amended by adding:

"Section 46-7-100.   Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals must report animals having or suspected of having any disease that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human or animal fatalities or incidents of permanent or long-term disability. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to


Printed Page 2718 . . . . . Wednesday, May 22, 2002

the State Veterinarian and must include as much of the following information as is available: the geographical location of the animal or the exposure, the name and address of any known owner, and the name and address of the reporting individual. The State Veterinarian must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130."

SECTION   28.   Chapter 9, Title 46 of the 1976 Code is amended by adding:

"Section 46-9-120.   Every farmer, agriculturalist, county extension agent, agricultural products processor, crop advisor, or other person working in agriculture, or person having responsibility for agricultural production or processing must report agricultural products having or suspected of having any disease or infection from any crop pest whatsoever that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly infectious agents and which might cause serious agricultural threat to the State. The report must be made by telephone, in writing, or by compatible electronic format within twenty-four hours to the Director, Regulatory and Public Service Programs, Clemson University, and must include as much of the following information as is available: the geographic location of the agricultural product and/or its origin; the name and address of any known owner, the name and address of any known shipper; the name and address of the owner of the point of origin; and the name and address of the reporting individual. The director must report to the Department of Health and Environmental Control any incidents which affect public health, or which create a public health emergency, as defined in Section 44-4-130. For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130."

SECTION   29.   Section 56-1-150 of the 1976 Code is repealed.

SECTION   30.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and


Printed Page 2719 . . . . . Wednesday, May 22, 2002

treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   31.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   32.   This act takes effect upon approval by the Governor, and applies to offenses committed after its effective date and to causes of action arising or accruing on or after the effective date./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 4 was taken up for immediate consideration.

Amendment No. 4

Senator LEVENTIS proposed the following Amendment No. 4 (PPL-EMERGENCY SERVICES), which was withdrawn:

Amend the committee report, as and if amended, by inserting an appropriately numbered section to read:

/ Section__. Title 1 of the 1976 Code of Laws is amended to add:

"Section 1-3-500.   There is created the South Carolina Office of Emergency Services to be operated under the office of the Governor. The office shall be administered by an Executive Director appointed by the Governor, to serve at his pleasure. The Executive Director may appoint and employ additional staff as necessary. The Executive Director and any staff must be paid with existing funds only. The Executive Director shall have authority to administer, manage, and direct all divisions within the Office of Emergency Services and shall administer federal grants to local first responders as directed by the


Printed Page 2720 . . . . . Wednesday, May 22, 2002

Governor. The Executive Director shall develop and submit to the Governor by March 1, 2003 a regional response plan to support local first responders for hazardous materials, urban search and rescue, technical rescue and other responses to emergencies authorized under its authority.

Section 1-3-510.   Effective July 1, 2002, the following divisions and offices including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with and such office or division, except those specifically included in another department, are hereby incorporated in and shall be administered as part of the Office of Emergency Services:

(1) South Carolina Emergency Management Division, provided for in Chapter 1 of Title 25.

(2) Division of Fire and Life Safety, which consists of the State Fire Marshal and South Carolina Fire Academy provided for in Chapters 9 and 10 of Title 23, to be administered as the Division of Fire and Emergency Response.

(a) The Division of Fire and Emergency Response shall be responsible for all current duties of the State Fire Marshal, and in addition, shall develop plans, logistical support, and tactical and operational assistance when requested by local emergency response or incident command personnel with hazardous materials, urban search and rescue, technical rescue, and command and control of major emergencies.

(3) Wireless Unit of the Office of Information Resources of the Budget and Control Board, to be administered as the Division of Emergency Communication.

(a) The Division of Emergency Communication shall manage and administer the CMRS 911 telephone service and local 911 telephone service, and the public safety communication system provided for in Chapter 47 of Title 23 as well as the administration and planning of a statewide interoperable public safety communication system through contractual or other means as necessary.

(b) The Executive Director of the Office of Emergency Services shall appoint a Director of the Division of Emergency Communications.

The Executive Director of the Office of Emergency Services may form other divisions and advisory committees as necessary with the approval of the Governor.

All funds formerly budgeted for these offices and divisions are to be included in the transfer to the Office of the Governor. It is the intent of


Printed Page 2721 . . . . . Wednesday, May 22, 2002

this act to require the establishment and operation of the Office of Emergency Services to be funded entirely with existing funds currently appropriated to the various departments. /

Amend the committee report further, as and if amended, by striking Section 15 in its entirety and inserting:

/ Section 15. Section 25-1-420 of the 1976 Code is amended to read:

"There is established within the office of the Adjutant General Emergency Services the South Carolina Preparedness Emergency Management Division (Division).

The Division shall be administered by a director appointed by the Adjutant General Executive Director of the Office of Emergency Services, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General Executive Director of the Office of Emergency Services.

The Division shall be is responsible for the implementation of the following: /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Section 23-9-10 of the 1976 Code is amended to read:

"Effective July 1, 1979, the The Office of State Fire Marshal is hereby transferred to the Budget and Control Board Governor's Office to operate as a the division of Fire and Emergency response under the Office of Executive Director Emergency Services. The State Fire Marshal shall have all of the duties and responsibilities formerly exercised by the Chief Insurance Commissioner as State Fire Marshal, ex officio. The State Fire Marshal shall have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control. The Governor Executive Director shall appoint the State Fire Marshal." /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Section 23-10-10 of the 1976 Code is amended to read:

"The State Fire Marshal has the sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel as well as training state and local emergency management personnel, emergency telecommunications personnel, and state and local elected or appointed officials. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy are assigned


Printed Page 2722 . . . . . Wednesday, May 22, 2002

to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Executive Director of the Department of Labor, Licensing and Regulation Office of Emergency Services or his designee.

There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee includes:

(K) one member from higher education having experience and training in curriculum development appointed by the Executive Director of the Department of Labor, Licensing and Regulation Office of Emergency Services; and" /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Section 23-47-30 of the 1976 Code is amended to read:

"(A) A local government which seeks funding for a 911 system shall submit to the Division Office of Information Resource Management (DIRM) Emergency Services, South Carolina Budget and Control Board , a 911 system plan for review and approval. The plan shall conform to the planning guidelines set forth in this chapter, guidelines promulgated by DIRM the Office of Emergency Services, and meet the requirements of current tariffs applicable to the 911 system. The plan must include: " /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Section 23-47-65 of the 1976 Code is amended to read:

"(A)(1) The CMRS Emergency Telephone Services Advisory Committee is created to assist the board in carrying out its responsibilities in implementing a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall be appointed by the Governor and shall consist of: the State Auditor, ex officio; the Executive Director of the Office of Information Resources, Budget and Control Board the Office of Emergency Services or his designee, ex officio; two employees of CMRS providers licensed to do business in the State; two 911 system employees; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State; and one consumer. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS committee


Printed Page 2723 . . . . . Wednesday, May 22, 2002

members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee." /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Section 38-7-30 of the 1976 Code is amended to read:

Any expenses, including expenses of counsel, detectives, and officers, incurred by the discrimination in rates, must be defrayed by the fire insurance companies doing business in this State, and a tax of one percent on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies is levied for this purpose, to be collected by the director or his designee as other taxes on fire insurance companies are collected. The director or his designee shall keep a separate account of all monies received and disbursed under the provisions of this section and shall include the account in his annual report. Fifty percent of the one percent tax levied in this section must be directed to the Division of Fire and Life Safety Emergency Response of the Department of Labor, Licensing and Regulation Office of Emergency Services to be used only for expenses of this division. For fiscal year 1997-98 only, the fifty percent of the tax levied by this section that is directed to the Department of Labor, Licensing and Regulation is capped at $2,567,325. The department Office of Emergency Services shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee where any growth above the base authorization for the preceding is expended and for what purposes within the Division of Fire and Life Safety Emergency Response." /

Amend the committee report further, as and if amended, by adding an appropriately numbered section to read:

/ Section__. Subsection (C) of Section 2 of Act 1377 of 1968, last amended by Act 60 of 2001 is amended to read:

"(C) In addition to the tax imposed pursuant to the provisions of Section 38-7-30 of the 1976 Code, an additional tax of thirty-five one-hundredths percent is imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State. This tax must be collected by the Director of the Department of Insurance as other taxes on fire insurance companies are collected. All sums collected for this tax must be paid annually quarterly by the director to the State Treasurer to be


Printed Page 2724 . . . . . Wednesday, May 22, 2002

credited to the South Carolina Department of Labor, Licensing and Regulation South Carolina Office of Emergency Services to be used for capital improvements and support at the State Fire Academy, implementation of the Firefighter Employment and Registration Act established in Chapter 80 of Title 40 of the 1976 Code, regional service delivery of public firefighter education and training, fire prevention services, and public fire safety education, including grants to entities providing fire and life safety education on a statewide basis. Amounts necessary to conduct the fingerprint and background checks required pursuant to Chapter 80, Title 40 of the 1976 Code, must be transferred from the DLLR Office of Emergency Services Fund to SLED and retained, expended, and carried forward for these purposes." /

Amend the committee report, as and if amended, by inserting an appropriately numbered section to read:

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

"Section 4-19-17. (A)(1) For the purposes of this section, 'rescue service' means rescue, recovery, and extraction of and the provision of emergency medical care to any person or persons at the scene of a fire or accident or in any other instance in which the person or persons may be trapped, distressed, or injured. Provided, however, rescue service does not include the transportation of these persons to medical care facilities.

(2) A special tax district established by a county governing body or a special purpose district established by the General Assembly pursuant to this chapter or Chapter 9 of this title for the purpose of providing fire protection may, by resolution of the governing body, be authorized to provide rescue service within the boundaries of the district as established by the governing body, or without the boundaries to the extent that the district is authorized by general law to provide fire protection service outside of its boundaries. The governing body may, after granting such authorization, levy taxes and impose fees within the district in order to finance the provision of the rescue service, and may issue as a single issue, or from time-to-time as several separate issues, general obligation bonds of the county in order to raise monies to provide rescue service in the district. A district authorized by the county governing body to provide rescue service may build, acquire, construct, operate, and maintain the facilities, contract for the use of these facilities, acquire or lease the equipment, and hire, train, and employ the personnel as may be necessary to or helpful in the provision of the rescue service by the district.


Printed Page 2725 . . . . . Wednesday, May 22, 2002

(B) All other powers of fire protection districts established pursuant to this chapter and Chapter 19 of this title shall continue and are not considered to be changed by the provisions of this section." /

Amend the committee report, as and if amended, by inserting an appropriately numbered section to read:

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

"Section 5-31-60. Fire Hydrants must be installed on all water mains six inches or larger in diameter constructed after July 1, 2002, with a maximum spacing of two thousand feet between the fire hydrants. Additional hydrants necessary for future development must be placed to conform to the 1997 Standard Fire Prevention Code or the current version of the code utilized by the State Fire Marshal or local fire authority having jurisdiction. The fire hydrant size and water flow discharge shall conform to all Department of Health and Environmental Control requirements and regulations. A water company may not place a locking device on any fire hydrant to prevent the use of the fire hydrant by a fire department for training or fire emergencies. A wetlands area is exempt from the provisions of this section." /

Amend the committee report, as and if amended, by inserting an appropriately numbered section to read:

/SECTION __. The Code Commissioner is hereby instructed upon the passage of this act to conform all references in the Code of Laws of 1976 to reflect the changes provided for in this act related to the division of Emergency Management, the State Fire Marshal, the division of Fire and Emergency Response, and the division of Emergency Communication./

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 4 was withdrawn.

Amendment No. 1

Senator JACKSON proposed the following Amendment No. 1 (JUD4416.006), which was tabled:

Amend the bill, as and if amended, page [4416-6], beginning after line 40, by adding an appropriately numbered new SECTION to read:

/   SECTION   2.   Title 16 of the 1976 Code is amended by adding:


Printed Page 2726 . . . . . Wednesday, May 22, 2002

  "CHAPTER 10

Consent to Record Act

Section 16-10-10.   This chapter shall be cited as the 'Consent to Record Act'.

Section 16-10-20.   (A)   It is unlawful for a person to willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept a wire, oral, or electronic communication where the person is a party to the communication unless all of the parties to the communication have given prior consent to the interception.

(B)   It is unlawful for a person to willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this section.

(C)   It is unlawful to willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this section.

(D)   Subsections (A), (B), and (C) of this section do not apply to an investigative or law enforcement officer acting in the ordinary course of business. An investigative or law enforcement officer may engage in the conduct prohibited by subsections (A), (B), and (C) only if otherwise authorized by the United States Constitution, the South Carolina Constitution, federal law, state law other than this section, or a judicial decision rendered by a court of competent jurisdiction.

(E)   Any person who violates subsections (A), (B), or (C) of this section is guilty of a felony and is subject to imprisonment for not more than five years or a fine of not more than ten thousand dollars, or both.

  Section 16-10-30.   As used in this chapter, the following terms have the meanings indicated:

(A)(1)   `Wire communication' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of a connection in a switching station) furnished or operated by any person licensed to engage in providing or operating such facilities for the transmission of communications.

(2)   `Wire communication' includes any electronic storage of a communication described in this paragraph.


Printed Page 2727 . . . . . Wednesday, May 22, 2002

(3)   `Wire communication' does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.

(B)(1)   `Oral communication' means any conversation or words spoken to or by any person in private conversation.

(2)   `Oral communication' does not include any electronic communication.

(C)   `Intercept' means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

(D)   `Electronic, mechanical, or other device' means any device or electronic communication other than:

(1)   any telephone or telegraph instrument, equipment or other facility for the transmission of electronic communications, or any component thereof: (a) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or

(2)   a hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(E)   `Person' means any employee or agent of this State or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.

(F)   `Investigative or law enforcement officer' means any officer of this State or a political subdivision of this State, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this subtitle, any sworn law enforcement officer of the federal government or of any other state or a political subdivision of another state, working with and under the direction of an investigative or law enforcement officer of this State or a political subdivision of this State, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

(G)   `Contents,' when used with respect to any wire, oral, or electronic communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication.


Printed Page 2728 . . . . . Wednesday, May 22, 2002

(H)   `Communications common carrier' means any person engaged as a common carrier for hire in the transmission of wire or electronic communications.

(I)(1)   `Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.

(2)   `Electronic communication' does not include:

(a)   the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(b)   any wire or oral communication;

(c)   any communication made through a tone-only paging device; or

(d)   any communication from a tracking device.

(J)   `User' means any person or entity that:

(1)   uses an electronic communication service; and

(2)   is duly authorized by the provider of the service to engage in that use.

(K)   `Electronic communications system' means any wire, radio, electromagnetic, photooptical, or photoelectronic facility for the transmission of electronic communications, and any computer facility or related electronic equipment for the electronic storage of electronic communications.

(L)   `Electronic communication service' means any service that provides to users of the service the ability to send or receive wire or electronic communications.

(M)   `Electronic storage' means:

(1)   any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and

(2)   any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of the communication.

(N)   `Aural transfer' means a transfer containing the human voice at any point between and including the point of origin and the point of reception."   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.


Printed Page 2729 . . . . . Wednesday, May 22, 2002

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 2

Senator MESCHER proposed the following Amendment No. 2 (JUD4416.031), which was adopted:

Amend the bill, as and if amended, in Section 17-30-135(E), as contained in SECTION 14, by inserting /wilfully/ before /uses/.

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 3A

Senator ALEXANDER proposed the following Amendment No. 3A (JUD4416.014), which was adopted:

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

/   SECTION   ___.   Section 42-1-130 of the 1976 Code is amended to read:

"Section 42-1-130.   The term 'employee' means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excluding excludes a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State;, the term 'employee' includes all members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 and Title 32 of the United States Code,; all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division; and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the


Printed Page 2730 . . . . . Wednesday, May 22, 2002

State;, the term 'employee' includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any reference to an employee who has been injured, or when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.

Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon such this election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title."

SECTION   ___.   Section 42-7-65 of the 1976 Code is amended to read:

"Section 42-7-65.   Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:

(1)   For for all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.;

(2)   For for all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.;

(3)   For for all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.;

(4)   For for all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.; and

(5)   for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, thirty-seven


Printed Page 2731 . . . . . Wednesday, May 22, 2002

and one-half percent of the average weekly wage in the State for the preceding fiscal year.

The wages provided in items (2), (3), and (4), and (5) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4), and (5) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.

Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved and funded by the governing body of the entity using his services as a voluntary state constable. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.

The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."     /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.


Printed Page 2732 . . . . . Wednesday, May 22, 2002

The amendment was adopted.

Amendment No. 5

Senator HAWKINS proposed the following Amendment No. 5 (JUD4416.009), which was adopted:

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

/   SECTION .   Section 16-8-10(4) and (14) of the 1976 Code is amended to read:

"(4)   'Destructive device' means:

(a)   a bomb, incendiary device, or anything any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;

(b)   a weapon of mass destruction;

(c)(b)   a bacteriological weapon or biological weapon; or

(d)(c)   a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death.

(14) 'Weapon of mass destruction' means any device designed to release radiation or radioactivity at a level that could result in internal or external bodily injury or death to a person.:

(a)   any destructive device as defined in item (4);

(b)   any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

(c)   any weapon involving a disease organism; or

(d)   any weapon that is designed to release radiation or radioactivity at a level dangerous to human life."   /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.


Printed Page 2733 . . . . . Wednesday, May 22, 2002

Amendment No. 7A

Senators MARTIN and LEVENTIS proposed the following Amendment No. 7A (JUD4416.012), which was adopted:

Amend the bill, as and if amended, by striking Section 17-30-135 and inserting therein the following:

/   Section 17-30-135.   (A)   Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter has a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use the communications and is entitled to recover from the person or entity which engaged in that violation relief as may be appropriate, including:

(1)   preliminary or equitable or declaratory relief as may be appropriate;

(2)   actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater, not to exceed the limits on liability provided in subsection (F)(3);

(3)   punitive damages, except as may be prohibited in subsection (F)(4); and

(4)   a reasonable attorney's fee and other litigation costs reasonably incurred.

(B)   A good faith reliance on a court order, subpoena, or a request of an agent of the South Carolina Law Enforcement Division under Section 17-30-95 constitutes a complete defense to any civil, criminal, or administrative action, other than an action for preliminary or equitable or declaratory relief.

(C)   A civil action under this section may not be commenced later than five years after the date upon which the claimant first has a reasonable opportunity to discover the violation, except as provided in subsection (F)(2).

(D)   Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter is entitled to a jury trial.

(E)   An investigative or law enforcement officer or governmental entity who wilfully discloses or wilfully uses information beyond the extent permitted by law is in violation of this chapter and subject to a civil cause of action and criminal penalties as provided in this chapter.

(F)(1)   Any civil cause of action for damages authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within


Printed Page 2734 . . . . . Wednesday, May 22, 2002

the scope of his official duty must be brought pursuant to the South Carolina Tort Claims Act, Chapter 78, Title 15. For purposes of the Tort Claims Act, an action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty is a tort within the meaning of the act.

(2)   In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty, the provisions in the Tort Claims Act regarding the statute of limitations provided in Section 15-78-110 shall apply in lieu of subsection (C) of this section.

(3)   In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty,the provisions in the Tort Claims Act regarding the limits on liability for damages as provided in Section 15-78-120(a) shall apply to all awards of damages under item (2) of subsection (A) of this section.

(4)   In any action authorized in subsection (A) and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty, the provisions in the Tort Claims Act prohibiting the award of punitive damages as provided in Section 15-78-120(B) shall apply in lieu of item (3) of subsection (A) of this section.

(5)   For purposes of this subsection, the terms 'State,' 'agency,' 'political subdivision,' 'governmental entity,' 'employee,' and 'scope of his official duty' have the same meanings as provided in the Tort Claims Act.     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator MARTIN moved that the amendment be adopted.

Senator HAWKINS argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 3:32 P.M., Senator PEELER assumed the Chair.

The amendment was adopted.


Printed Page 2735 . . . . . Wednesday, May 22, 2002

Amendment No. 8

Senators LEVENTIS and McGILL proposed the following Amendment No. 8 (4416R002.PPL), which was tabled:

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

/   SECTION   ___.   The first unnumbered paragraph of Section 23-10-10 of the 1976 Code, as last amended by Act 386 of 2000, is further amended to read:

"The State Fire Marshal has the sole responsibility for the operation of the South Carolina Fire Academy (academy). The academy is operated for the express purpose of upgrading the state's paid, volunteer, and industrial fire service personnel. Students who are at least sixteen years of age and are members of a junior firefighter program, junior emergency medical services program, or junior police program in a public fire department, public emergency medical services department, or a public police department may participate in all training programs, with the exception of driving emergency vehicles, upon written consent of the parent or legal guardian and the fire chief, the director of emergency medical services, and the chief of police. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the academy are assigned to the academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Labor, Licensing and Regulation or his designee." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 9

Senator ALEXANDER proposed the following Amendment No. 9 (GJK\21411SD02), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION immediately after Section 29, page 4416-70 to read:

/   SECTION   ____.   "Section 56-5-5015(H) of the 1976 Code, as last amended by Act 462 of 1992, is further amended to read:

"(H)   The provisions of this section do not apply to:


Printed Page 2736 . . . . . Wednesday, May 22, 2002

(1)   a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the vehicle at all times during its operation and must be produced at the request of a law enforcement officer. The affidavit must be updated every two years; or

(2)   a law enforcement vehicle used regularly to transport a canine trained for law enforcement purposes." /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 10

Senators RANKIN and LEVENTIS proposed the following Amendment No. 10 (GGS\22606CM02), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

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

"Section 23-1-230.   (A)   There is hereby created the First Responders Advisory Committee which shall consist of:

(1)   the following eleven members, or their designees:

(a)   the Chairman of the Governor's Security Council;

(b)   the Director of the State Law Enforcement Division;

(c)   the Director of the Department of Public Safety;

(d)   the Adjutant General;

(e)   the Director of the Emergency Management Division;

(f)   the Director of the Emergency Medical Service Division of the Department of Health and Environmental Control;

(g)   the State Fire Marshal;

(h)   the President Pro Tempore of the Senate;

(i)     the Speaker of the House of Representatives;

(j)     the State Chief Information Officer; and

(k)   the Chairman of the Commercial Mobile Radio Services Emergency Telephone Services Advisory Committee; and


Printed Page 2737 . . . . . Wednesday, May 22, 2002

(2)   the following nine members who represent the following associations:

(a)   the South Carolina Sheriffs' Association;

(b)   the South Carolina Police Chiefs Association;

(c)   the South Carolina Chapter of the National Emergency Number Association;

(d)   the Association of Public Communications Officials;

(e)   the South Carolina Emergency Medical Services Association;

(f)   the Emergency Management Association;

(g)   the South Carolina Firemen's Association;

(h)   the South Carolina Fire Chiefs' Association; and

(i)     the Palmetto 800 Advisory Committee.

(B)   Expense reimbursement or per diem payment shall not be paid to members of the committee or its staff.

(C)   All committee members shall serve until the end of the 2003 session of the South Carolina General Assembly.

(D)   The Governor shall fill any vacancy on the Advisory Committee. An association to which a vacating member belonged may make recommendations to the Governor to fill the vacancy.

(E)   A committee member who terminates his holding of the office or employment that qualified him for appointment shall cease immediately to be a member of the committee.

(F)   The committee shall establish rules and procedures with respect to:

(1)   the selection of its officers;

(2)   the selection of meeting sites; and

(3)   conducting its meetings.

(G)   The authority and responsibilities of the committee are to research, study, analyze, determine, and report to the General Assembly by January 1, 2003, and thereafter to the President Pro Tempore of the Senate and the Speaker of the House concerning the needs of the first responders, including personnel involved with fire, law enforcement, emergency medical, emergency planning and coordinating, and 911 and other emergency communications. The issues to be studied with regard to first responders include, but are not limited to:

(1)   performance of their duties, rendering of their services to the public in general, and to the individuals involved in an emergency, including the other first responders involved;

(2)   preparing for the performance of those duties, including equipping, training, planning, and coordinating;


Printed Page 2738 . . . . . Wednesday, May 22, 2002

(3)   funding their operations;

(4)   preserving and enhancing their personal fitness, well-being, morale, and welfare;

(5)   the appropriate role the State should play in continuing to assess and address the identified needs, including whether, and in what form, a new or existing state agency could and should be authorized and funded to assist in that role; and

(6)   the consideration of legislation to address the identified needs and providing the General Assembly with draft legislation with regard to these issues.

(H)   The First Responders Advisory Committee shall receive clerical and related assistance from the staff of the South Carolina Law Enforcement Division, the Department of Public Safety, and the Office of Information Resources." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE spoke on the amendment.

Senator RANKIN explained the amendment.

The amendment was adopted.

Senator KUHN spoke on the Bill.

With Senator KUHN retaining the floor, by prior motion of Senator LEATHERMAN, the Senate proceeded to a consideration of H. 4879

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.

On motion of Senator LEATHERMAN, Amendment No. 5 was carried over and subsequently withdrawn.


Printed Page 2739 . . . . . Wednesday, May 22, 2002

PRESIDENT PRESIDES

At 3:48 P.M., the PRESIDENT assumed the Chair.

Amendment No. 13A

Senator McCONNELL proposed the following Amendment No. 13A (4879R016.GFM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered PART to SECTION 1, to read:

/   PART _____

Maintenance of Caisson

A.   Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Section 25-1-1440. The Adjutant General's Office shall expend from appropriated money each year any necessary and reasonable expenses associated with the maintenance and care of the Adjutant General's caisson. The Adjutant General may make its caisson available for the funeral of dignitaries and military-oriented activities and events. The Adjutant General may accept donations for the expenses associated with maintenance and care of the caisson. Excess money from donations may be carried forward each fiscal year by the Adjutant General to be used strictly for future costs associated with the maintenance and care of the caisson."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 19

Senator LEATHERMAN proposed the following Amendment No. 19 (4879R017.HKL), which was adopted:

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

/     SECTION   _____.   Notwithstanding any other provision of law, upon a determination by the Comptroller General that, at the close of a fiscal year, funds will be needed to balance the Budgetary General Fund after the use of the General Reserve Fund as provided in Section 11-11-310(B) of the 1976 Code as amended, the Budget and Control Board is authorized to borrow the amount needed to balance the Budgetary General Fund by borrowing from any department of state


Printed Page 2740 . . . . . Wednesday, May 22, 2002

government any surplus which may be on hand in the office of the State Treasurer to the credit of any such department. Upon approval by the board of a repayment schedule, the State Treasurer is authorized to transfer to the board from the general fund the amount necessary to repay the loan with interest no later than June 30 of the following fiscal year. This provision takes effect upon signature of the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 20

Senator MOORE proposed the following Amendment No. 20 (4879R020.TEM), which was adopted:

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

/   SECTION   ___.   For fiscal year 2002-2003 only, the Continuum of Care is transferred from the Governor's Office - Office of Executive Policy and Programs to the Department of Social Services to maintain program services in fiscal year 2002-2003 at a service level no less than the level of such services provided in 2001-2002. During fiscal year 2002-2003, the Department of Social Services may not eliminate a position held by an employee of the Continuum of Care at the time of the transfer, nor terminate an employee unless in accordance with agency discipline or performance policies. Notwithstanding the date of ratification of this act and the general appropriations act for fiscal year 2002-2003, with respect to requirements of this section, this section is deemed the later enactment./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 21A

Senator LEATHERMAN proposed the following Amendment No. 21A (4879R021.HKL), which was adopted:


Printed Page 2741 . . . . . Wednesday, May 22, 2002

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

/   Section   ___.   (A)   For Fiscal Year 2002-2003 only, the South Carolina Department of Education is directed to fully implement the Student Information System (SASI) to support the annual school and district report card and implementation of the statewide assessment program to include the Palmetto Achievement Challenge Test (PACT) in English/language arts, science, mathematics, social studies, and the revised exit exam and the end of course assessments for high school credit courses. The department is directed to use the following funds for Fiscal Year 2002-2003 in the order listed to fulfill this directive. Each authorized source of funding shall be fully exhausted prior to utilization of the next source. First, exhaust federal funds allocated to South Carolina for state assessments and enhanced assessment instruments to help states create standards for what a child should know and learn and any available funds from the general fund appropriation for Assessment. Second, from funds that the department is unable to utilize due to inability to recruit sufficient teachers for fiscal year 2002-2003, the department is authorized to reduce general fund appropriations in the department of Education XV. Special Items, Principals and Teachers on Site by up to $2,000,000. Third, the department is directed to reduce or eliminate $1,000,000 from Education Improvement Act and General Funds Other Operating Expenses allocated for dues, travel, and vendor meals. If funds are still required for the stated purpose after each of the above actions are taken, the department is directed to reduce personal service from Education Improvement Act and General Funds by $1,000,000 and related fringe by $250,000. In utilizing the funding sources above, the department must ensure there is no impact to the appropriations to any school district.

(B)   For Fiscal Year 2002-2003 only, the South Carolina Department of Education is directed to redistribute $1,000,000 of the General Fund Adult Education reduction either to a line or lines within the General Fund which will have the least impact to direct instructional support to the classroom or a line or lines with available appropriation in excess of allocations.

(C)   Notwithstanding the provisions of paragraph 1.76, Part IB of the General Appropriations Act of 2002-2003, the date or order of ratification of the General Appropriations Act of 2002-2003, and this act, the provisions of this section related to the use of Education Accountability Act funds are deemed to be the latest enactment.   /


Printed Page 2742 . . . . . Wednesday, May 22, 2002

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 22

Senator LEATHERMAN proposed the following Amendment No. 22 (4879R023.HKL), which was adopted:

Amend the bill, as and if amended, page 27, by striking lines 28-42 (SECTION 1, Part VI, Subsection P.(1) (54.46)) in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 23

Senator LEATHERMAN proposed the following Amendment No. 23 (4879R022.HKL), which was adopted:

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

/   SECTION   ___.   The Budget and Control Board shall provide transition services to constitutional officers who are elected during Fiscal Year 2002-03. These transition services may include, but are not limited to, office space, communication services, and administrative support until the constitutional officer assumes office. These services shall not be available to incumbent constitutional officers re-elected during fiscal year 2002-2003. All support provided shall be at the discretion of the Executive Director of the Budget and Control Board. /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.


Printed Page 2743 . . . . . Wednesday, May 22, 2002

Amendment No. 24

Senator LEATHERMAN proposed the following Amendment No. 24 (4879R006.HKL), which was adopted:

Amend the bill, as and if amended, page 53, lines 19 through 25, by striking SECTION 4 in its entirety and inserting therein the following:

/   SECTION   4.     Twenty-eight million five hundred thousand dollars earlier transferred from the Extended Care Maintenance Fund to colleges and universities, which money is currently in a secure revenue account, is hereby appropriated to be used by the Comptroller General to the benefit of the General Fund in fiscal year 2001-2002. This section takes effect on or before June 30, 2002./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

On motion of Senator RANKIN, with unanimous consent, Amendment No. 10A was taken up for immediate consideration.

Amendment No. 10A

Senator RANKIN proposed the following Amendment No. 10A (4879R025.LAR), which was adopted:

Amend the bill, as and if amended, State Department of Education, Part I, by adding an appropriately lettered subsection to read:

/ SECTION____.   The 1976 Code is amended by adding:

"Section 59-5-71.   The General Assembly declares that 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 to be implemented in all public schools 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 July 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, the desirability of and if agreed upon a suggested uniform


Printed Page 2744 . . . . . Wednesday, May 22, 2002

beginning date for the annual school term. The task force shall report its findings to the State Board of Education no later than October 15, 2002. " /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Amendment No. 25

Senator LEATHERMAN proposed the following Amendment No. 25 (4879R020.HKL), which was adopted:

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

SECTION   ____.   Section 8-11-620 of the 1976 Code is amended to read:

"Section 8-11-620.   (A)   Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such combination exceed forty-five days in a calendar year except as provided for in Section 8-11-610. If an employee dies, his legal representative shall be entitled to a lump-sum payment for his unused leave, not to exceed forty-five working days, except as provided for in Section 8-11-610. Upon retirement from state employment or upon the death of an employee, a lump-sum payment will be made for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.

(B)   A retired member of the South Carolina Police Officers Retirement System who is hired by the State, a state agency, institution of higher learning, board, commission, or school that is a governmental unit of this State is not eligible for a lump-sum payment for unused leave provided pursuant to subsection (A) of this section."

SECTION   ____.   Section 8-17-370 of the 1976 Code, as last amended by Act 264 of 2000, is further amended by adding an appropriately numbered subsection at the end:

"( )   a retired member of the South Carolina Police Officers Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act."


Printed Page 2745 . . . . . Wednesday, May 22, 2002

SECTION ____.   Section 9-11-90(4)(a) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"(a)   Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system who has been retired for at least fifteen consecutive calendar days may be hired and return to employment covered by the this system or any system provided in this title who has been retired for at least sixty days and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the this system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-11-90(3) apply. If a retired member of the system returns to employment covered by the system South Carolina Police Officers Retirement System or any other system provided in this title sooner than sixty fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the a participating employer of any of these systems. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."     /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 26

Senator LEATHERMAN proposed the following Amendment No. 26 (NBD\11791AC02), which was adopted:

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

/SECTION   __.   For fiscal year 2002-2003 only, from nonrecurring revenue identified in the General Appropriations Act for 2002-2003, seven million dollars must be appropriated to South Carolina First Steps to School Readiness./

Renumber sections to conform.

Amend title to conform.


Printed Page 2746 . . . . . Wednesday, May 22, 2002

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 27

Senator LEATHERMAN proposed the following Amendment No. 27 (4879R024.HKL), which was adopted:

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

/   SECTION   _____.   After all transfers are made from subfund 4693, Atomic Waste Barnwell Fund - Chem Nuclear, pursuant to the 2002-2003 General Appropriations Act, the Treasurer shall transfer $596,616 from this fund to subfund 43A8, Barnwell Economic Development Fund.     /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

RECESS

At 4:40 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 4:54 P.M., the Senate resumed.

Amendment No. 28

Senators LEATHERMAN, MOORE and HAYES proposed the following Amendment No. 28 (DKA\3035MM02), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/   SECTION   3.   A.   The 1976 Code is amended by adding:

"Section 59-150-355.   There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and


Printed Page 2747 . . . . . Wednesday, May 22, 2002

Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Fiscal year 2002-2003 certified net lottery proceeds and investment earnings of $172,000,000 are appropriated as follows: Department of Education - K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $32,915,900; School Buses, $ 8,000,000; State Library, Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Commission on Higher Education - Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Commission on Higher Education - LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $11,103,683; Tuition Assistance - Technical Schools and 2-year institutions as provided in Section 59-150-360, $34,000,000; HOPE Scholarships as provided in Section 59-150-370, $5,787,600; Administration of Scholarships, Technical Grants, and Endowed Chair programs, $192,817; South Carolina State University - Research and Technology Grant, $2,000,000; Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. Funds appropriated for Research and Technology Grant - South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items and between recurring and nonrecurring funds in order to ensure

Printed Page 2748 . . . . . Wednesday, May 22, 2002

the timely receipt of scholarships and tuition assistance. The amounts appropriated for school buses must be used for the purchase of new school buses and the repair of existing school buses. Fiscal year 2001-2002 certified net lottery proceeds and investment earnings of $80,000,000 are appropriated as follows: Department of Education - Education Accountability Act, $23,903,683; School Buses, $15,000,000;   Educational Television Commission - ETV Digitalization as provided in Section 59-150-350(D), $18,500,000; Tuition Grants Commission - Tuition Grants, $3,000,000; Commission on Higher Education - Teacher Grants as provided in Section 59-150-350(D), $2,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,596,317; Historically Black College and University Maintenance and Repair, $3,000,000; South Carolina State University - Research and Technology Grant, $1,000,000; Needs-Based Grants, $3,000,000. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide homework centers ($1,548,440); retraining grants ($4,637,000); external review teams ($1,466,872); teacher specialists ($12,581,069); principal specialists ($2,270,302); school-based pilot programs ($400,000); and Palmetto Gold and Silver Awards Program ($1,000,000). Funds appropriated for teacher and principal specialists must be used first to fully fund these programs. Any funds remaining are to be used for the other five programs listed above. School-based Pilot Programs must include the deregulation of any school district with an overall absolute or improved designation of average or better when requested by the district. The amounts appropriated for school buses must be used for the purchase of new school buses including six appropriately equipped school buses for the School for the Deaf and Blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen-passenger activity buses must be purchased for John de la Howe. Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades

Printed Page 2749 . . . . . Wednesday, May 22, 2002

across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. The amounts appropriated for South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, amended, shall be appropriated in an equal amount to each institution to be used by the institutions for construction and renovation projects. Funds appropriated for Research and Technology Grant - South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. Fiscal year 2002-2003 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and shall be used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. Fiscal year 2001-2002 net lottery proceeds and investment earnings in excess of certified net lottery proceeds and investment earnings for this period are appropriated and shall be carried forward and used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. Fiscal Year 2001-2002 and 2002-2003 the first $1,000,000 of unclaimed prize money is appropriated to the Budget and Control Board to contract for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I). Any revenue in excess of the $1,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses. If the lottery revenue received for fiscal year 2001-2002 or fiscal year 2002-2003 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, Palmetto Fellows, and HOPE Scholarships."

B.   1.   Section 59-149-10(E) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(E)(1)   Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined in this chapter is increased to the cost of tuition for thirty credit hours a year or its equivalent plus a three hundred dollar per a year book allowance. Tuition for this


Printed Page 2750 . . . . . Wednesday, May 22, 2002

purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks, except for the referenced three hundred dollar book allowance, and may not exceed four thousand seven hundred dollars for each student for each year, plus the book allowance.

(2)   Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year. In addition, and notwithstanding the provisions of subsection (D) above, beginning with school year 2002-2003, eligible resident students attending two-year independent institutions may not receive an annual LIFE scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent. An eligible student attending a two-year public or independent institution or technical college shall receive the three hundred dollar book allowance in addition to his cost of tuition."

2.   Section 59-149-50(A) of the 1976 Code, as added by Act 418 of 1998, is further amended to read:

"(A)   To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE


Printed Page 2751 . . . . . Wednesday, May 22, 2002

Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."

3.   Section 59-149-60 of the 1976 Code, as added by Act 418 of 1998, is amended to read:

"Section 59-149-60.   The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school."

C.     Title 2 of the 1976 Code is amended by adding:

  "CHAPTER 75

South Carolina Research Centers of Economic Excellence

Section 2-75-05.   (A)   This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B)   The General Assembly finds that:

(1)   it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private sources sufficient to create endowed professorships;

(5)   these endowed professorships should be awarded to the senior research universities through a competitive application process,


Printed Page 2752 . . . . . Wednesday, May 22, 2002

provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   these endowed professorships, funded equally from the South Carolina Education Lottery and from other private sources, provide a foundation for the creation of centers of economic excellence.

Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the Budget and Control Board, which shall include an audit performed by an independent auditor.

Section 2-75-20.   The presidents of the senior research universities shall serve as ex officio nonvoting members of the board.

Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund.


Printed Page 2753 . . . . . Wednesday, May 22, 2002

Section 2-75-40.   The senior research universities, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.

Section 2-75-50.   An application for an award from the endowment shall:

(1)   provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

Section 2-75-60.   Upon a determination by the board that the provisions of Section 2-75-50 have been met, the board must appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award.

Section 2-75-70.   Staff and support for the operations of the board and the panels must be provided by the Commission on Higher Education. The Commission on Higher Education shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions, and for the costs and expenses of the panel members. The expenditures


Printed Page 2754 . . . . . Wednesday, May 22, 2002

authorized by this section must be provided from the fund created by Section 2-75-30 upon approval by the commission.

Section 2-75-80.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

D.   Section 59-150-350(D) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(D)   At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; up to one percent of net proceeds to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for free tuition assistance at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education to be allocated to K-12 school technology; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework


Printed Page 2755 . . . . . Wednesday, May 22, 2002

centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase or repair of school buses; to the South Carolina Educational Television Commission for digitalization; to the Commission on Higher Education to administer a construction and renovation fund for the historically black colleges and universities, and to the Higher Education Tuition Grants Commission to administer tuition grants. and Youth Education Scholarships of up to and not to exceed one thousand dollars, to be determined in the annual general appropriations bill to resident parents of a four-year-old who attains the age of four years by September first of the school year the scholarship is received and who attends a public or private, for profit or nonprofit kindergarten, preschool, home school, or child development center program provided in this State. The scholarship is payable from the lottery proceeds through the Department of Education directly to the school in the name of the attending child after the department confirms that the program meets the following criteria that include, but are not limited to, language and literacy programs that help the child understand and tell stories, recognize pictures and words, learn the alphabet, and understand that writing is communication; math concepts that teach the child to count and sort objects into groups, recognize shapes, and make comparisons of size, shape, length, and weight; science concepts that teach the child to explore the natural

Printed Page 2756 . . . . . Wednesday, May 22, 2002

environment, observe seasonal changes, communicate observations, and use tools to measure; art concepts that help the child express ideas and thoughts in creative ways, paint, draw, and sculpt, listen to music and sing songs, and recognize colors; and physical development activities that help the child move with balance and coordination, participate in indoor and outdoor physical activity, and use writing tools, puzzles, scissors, blocks, clay, and computers. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery, and must not be reduced or supplanted later by revenues received from a state lottery."

E.   Section 59-150-360 of the 1976 Code is amended to read:

"Section 59-150-360.   (A)   A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free receive tuition assistance to attend a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate's at a two-year public institution limited to the highest amount of tuition assistance received by students at public two-year institutions. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must:

(1)   be a South Carolina resident for a minimum of one year;

(2)   be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;

(3)   make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program; and

(4)   complete a Free Application for Federal Student Aid (FAFSA) application; and

(5)   not be the recipient of a LIFE Scholarship.

The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section. Regulations for implementation of this section are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education, for the two-year public and private institutions.


Printed Page 2757 . . . . . Wednesday, May 22, 2002

These regulations must be developed in a coordinated effort, provide for the allocation of funds based on the tuition assistance granted at each institution, and be interchangeable between each of the institutions affected.

(B)   For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.

(C)   Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.

(D)   'Tuition Assistance' for purposes of this section means, to the extent funds are appropriated, the amount charged for registering for credit hours of instruction and academic fees, less all federal grants and need-based grants, and does not include other fees, charges, or costs of textbooks.

(E)   Notwithstanding subsection (D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees without increasing the fee reduction required by the Commission on Higher Education.

(F)   Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.

(F)   In order for a student to be eligible after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale.

(G)   Students shall not be eligible to receive tuition assistance for more than one certificate, diploma, or degree within any five-year period unless the additional certificate, diploma, or degree constitutes progress in the same field of study."

F.   Section 59-150-370 of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"Section 59-150-370.   (A)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by


Printed Page 2758 . . . . . Wednesday, May 22, 2002

regulation, up to a maximum of two thousand dollars per year, to eligible resident students attending four-year public and independent institutions as defined in subsection (B) during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.

(B)   For purposes of this chapter, a 'public or independent institution' which that a student may attend to receive an SC HOPE Scholarship includes the following:

(1)   a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;

(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.

(C)   A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are is not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.

(D)   These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(E)   The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.

(F)   All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision."

G.   Section 59-104-20 of the 1976 Code, as last amended by Act 289 of 2000, is further amended to read:


Printed Page 2759 . . . . . Wednesday, May 22, 2002

"Section 59-104-20.   (A)   The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education not to exceed six thousand seven hundred dollars. These scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the institution attended. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.

(B)   Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.

(C)   Of the funds made available for higher education Palmetto Fellows scholarships for any year, a percentage thereof must be allocated for students attending South Carolina independent colleges of higher learning in this State. This percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time enrollment (FTE) of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.

(D)   After expending funds appropriated for Palmetto Fellows Scholarships from all other sources, there is automatically appropriated from the general fund of the State whatever amount is necessary to provide Palmetto Fellows Scholarships to all persons meeting the requirements of this section."

H.   The 1976 Code is amended by adding:


Printed Page 2760 . . . . . Wednesday, May 22, 2002

"Section 59-150-75.   Notwithstanding any other provision of law, the South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission."

I.   The 1976 Code is amended by adding:

"Section 59-1-525.   The State Department of Education shall implement a school-wide grant program to enhance the teaching of the grade specific standards adopted by the State Board of Education and to increase the academic performance of students in grades K-5 in the core academic areas of reading, mathematics, social studies, and science. The grant shall include an evaluation component to measure the success of increasing student performance and the teaching of the standards. Of the reading, mathematics, social studies, and science appropriation for this purpose from lottery proceeds each year, $500,000 must be used for teacher in-service training and professional development related to Project Read.

The awarding of grants shall be based upon their ability to promote the goals of providing every student with the competencies to:

(1)   read, view, and listen to complex information in the English language;

(2)   write and speak effectively in the English language;

(3)   solve problems by applying mathematics;

(4)   conduct research and communicate findings;

(5)   understand and apply scientific concepts;

(6)   obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and

(7)   use information to make decisions.

Additionally, grants shall be awarded based upon the likelihood that receiving such grants shall strengthen the above referenced skills and increase the academic performance of students in the core academic areas. In the awarding of grants every effort should be made to insure that all geographic areas of the state are represented. First priority shall


Printed Page 2761 . . . . . Wednesday, May 22, 2002

be given to acceptable grants from schools rated as below average or unsatisfactory and grants designed to increase academic performance of historically underachieving students.

Grant applications received by the State Department of Education shall be reviewed by a panel of individuals with knowledge and expertise of the subject area and of programs that have proven to be successful within the state or throughout the nation." /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

Senator THOMAS spoke on the amendment.

The amendment was adopted.

Recorded Vote

Senators THOMAS, FAIR, FORD, JACKSON and GLOVER desired to be recorded as voting against the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 5:23 P.M., Senator McCONNELL assumed the Chair.

Amendment No. 29

Senators RYBERG, RICHARDSON, HUTTO and LEVENTIS proposed the following amendment (BBM\9102HTC02), which was tabled:

Amend the bill, as and if amended, in Part IX, State Budget and Control Board, by adding an appropriately lettered subpart at the end of Part IX to read:

/ SECTION__.   Chapter 7, Title 13 of the 1976 Code is amended by adding:

"Section 13-7-35.   No later than ninety days after the effective date of this section, the State Budget and Control Board shall execute a nonnegotiable promissory note in favor of the State Treasurer to the credit of the Extended Care Maintenance Fund (Subfund 4693 Atomic Waste Burial Fund) established pursuant to Section 13-7-40 in an amount equal to all the funds withdrawn from that account and redirected to the general fund of the State pursuant to the provisions of Act 66 of 2001, the general appropriations act for fiscal year 2001-2002, and the general appropriations act for fiscal year


Printed Page 2762 . . . . . Wednesday, May 22, 2002

2002-2003, plus an amount equal to interest that would have accrued on these amounts had they not been withdrawn from the fund. The note must require repayment in three equal annual payments payable in full no later than three years after the date the note is executed. As a condition precedent to the execution of the note, the State Budget and Control Board shall enter into a trust agreement with the licensed operator of the Barnwell Low-Level Radioactive Waste Disposal Facility in which all amounts repaid pursuant to the note are held in trust in the applicable State Treasury account and must be used exclusively for surveillance and maintenance of the facility and for the other uses provided in Section 13-7-30 and Chapter 46 of Title 48." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

Senator LEATHERMAN spoke on the amendment.

Senator RAVENEL spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 18

Senators LEATHERMAN, McCONNELL, RITCHIE, RAVENEL and KUHN proposed the following Amendment No. 18 (GJK\21408SD02), which was adopted:

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

/SECTION   _____.   Notwithstanding any other provision of law the Charleston Naval Complex Redevelopment Authority (RDA), upon receiving ownership from the United States of America, shall convey certain parcels of real property to the City of North Charleston as per the mutual agreement described hereafter. These parcels shall be delineated through a mutual agreement between the City of North Charleston and the South Carolina State Ports Authority that takes into account the respective needs of each entity in the property south of Necessary Street. All conveyances shall be at no consideration once the City of North Charleston and the South Carolina State Ports Authority have entered into a memorandum of understanding and agreement for the operation of breakbulk, roll on roll off, and container terminals and dock operations on appropriate properties that are subject


Printed Page 2763 . . . . . Wednesday, May 22, 2002

to the oversight or control of the Charleston Naval Complex Redevelopment Authority. The City of North Charleston shall honor all existing leases as negotiated by the Charleston Naval Complex Redevelopment Authority prior to the effective date of this section. Furthermore, all properties conveyed shall retain any Tax Increment Finance District status, any state or federal grants applied to the area, and any state revenues currently directed to the Charleston Redevelopment Authority on a per acre basis for the relative properties conveyed to the City of North Charleston. In addition, any revenues received from the State under the Rural Development Act relating to the number of federal employees at the naval complex shall be shared pursuant to the location of the jobs on the complex.

SECTION   _____.   Section 2.(C) of an Act of 2002 bearing the ratification number R317 is amended to read:

/"(C)   The State Budget and Control Board shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board in regard to funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge." /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator FORD spoke on the amendment.

Senator LEATHERMAN explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senator FORD desired to be recorded as voting against the adoption of the amendment.

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

By prior motion of Senator LEATHERMAN, the Senate resumed consideration of H. 4416.


Printed Page 2764 . . . . . Wednesday, May 22, 2002

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meahcam-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO ADD TO AND AMEND THE CODE OF LAWS OF SOUTH CAROLINA. (ABBREVIATED TITLE)

The Senate resumed consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 11

Senator McCONNELL proposed the following Amendment No. 11 (JUD4416.015), which was adopted:

Amend the bill, as and if amended, by striking Section 6-11-340(D) and inserting therein the following:

/   (D)   The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to Article 9, Chapter 6, Title 23 in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy Division of the Department of Public Safety is authorized to establish and collect a fee for this training.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.


Printed Page 2765 . . . . . Wednesday, May 22, 2002

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

MOTION ADOPTED

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Fulmore of Williamsburg, S. C.

ADJOURNMENT

At 6:18 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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