South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate


Printed Page 2708 . . . . . Tuesday, May 18, 2004

Tuesday, May 18, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear a glad word from the Book of Job (42:10):

"And the Lord restored the fortunes of Job when he prayed for his friends; and the Lord gave Job twice as much as he had before."
Let us pray.

Father, we in America are running short of friends in the world. It's beginning to appear that we are either hated, ostracized or left to stew in our own juice. So, Father, we pray for our friends and prospective friends around the world and at home.

We thank You for those to whom this day we will go for advice, and for those whose wisdom and experience we will draw upon to help us do our work, and for all who will help us solve our problems.

Father, we thank You for our faithful friends.
Amen.

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 Mark C. Sanford:

Statewide Appointments

Initial Appointment, War Between the States Heritage Trust Commission, with term coterminous with the Governor

Governor - Historical

Bonnie S. Glasgow, 2910 Duncan Street, Columbia, S.C. 29205-2545

Referred to the Committee on Education.


Printed Page 2709 . . . . . Tuesday, May 18, 2004

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010

At-Large

Susan S. Barden, 4819 Landrum Dr., Columbia, S.C. 29206 VICE Sherry S. Spence

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence April 27, 2003, and to expire April 27, 2005

Chairman

Harry B. Gregory, Tally & Gregory, LLC, P. O. Box 11288, Columbia, S.C. 29211 VICE J. Alan Bass

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2004, and to expire June 30, 2008

6th Congressional District

Janice Stephens Jolly, 600 Raysor Street, St. George, S.C. 29477 VICE Nancy Hawkins Bailey

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2004, and to expire June 30, 2008

1st Congressional District

Greg Killian, Horry County Schools, P. O. Box 260005, Conway, S.C. 29528 VICE J. Elliott Summey

Referred to the Committee on Judiciary.

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2003, and to expire June 30, 2004

USC

Dennis M. Lambries, Institute for Public Service and Policy, University of South Carolina, Columbia, S.C. 29208


Printed Page 2710 . . . . . Tuesday, May 18, 2004

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2004, and to expire August 1, 2009

Court / Victim Assistant

Kay S. Leitner, 1413 Mullis Road, Blythewood, S.C. 29016 VICE Martha Bateman

Referred to the Committee on Judiciary.

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2003, and to expire June 30, 2006

Planner

Donna S. London, Strom Thurmond Institute of Government and Public Affairs, Silas Pearman Blvd., Clemson, S.C. 29634-0125

Referred to the Committee on Judiciary.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2004, and to expire June 30, 2008

4th Congressional District

Gale Batson Crawford, Crawford Properties, 115 East Parkins Mill Rd., Greenville, S.C. 29607

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2007

Naval Officer - Retired

James H. Flatley III, 488 Rice Hope Dr., Mt. Pleasant, S.C. 29464

Referred to the Committee on Transportation.


Printed Page 2711 . . . . . Tuesday, May 18, 2004

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

May 14, 2002
Mr. President and Members of the Senate:

At the request of the nominee, I am respectfully requesting herewith withdrawal of an appointment listed below:

Respectfully,
Mark C. Sanford

Withdrawal of Statewide Appointment

Initial Appointment, Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010

At-Large

Ms. Gayla S. McSwain, McNair Law Firm, 140 East Bay Street, Charleston, S.C. 29401 VICE Sherry S. Spence

Appointment Withdrawn

On motion of Senator McCONNELL, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

Message from the House

Columbia, S.C., May 13, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R313, H. 4793 by a vote of 2 to 0:

(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House


Printed Page 2712 . . . . . Tuesday, May 18, 2004

Received as information.

VETO OVERRIDDEN

(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The veto of the Governor was taken up for immediate consideration.

Senator McGILL moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short

Printed Page 2713 . . . . . Tuesday, May 18, 2004

Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2903
Agency: Department of Health and Environmental Control
SUBJECT: Total Maximum Daily Loads for Pollutants in Water
Received by Lieutenant Governor May 18, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration September 15, 2004
(Subject to Sine Die Revision)

Doctor of the Day

Senator McCONNELL introduced Dr. Marc K. New of North Charleston, S.C., Doctor of the Day.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourned today, it stand adjourned to meet tomorrow at 1:00 P.M.

RECALLED AND ADOPTED

H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN


Printed Page 2714 . . . . . Tuesday, May 18, 2004

CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".

On motion of Senator RAVENEL, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.

On motion of Senator RAVENEL, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

RECALLED

H. 5239 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO PROCLAIM JUNE 3, 2004, AS HUNGER AWARENESS DAY IN SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT THE IMPACT OF HUNGER AND MALNUTRITION ON THE HEALTH OF OUR CITIZENS AND THE PROGRESS OF OUR STATE, AND TO WORK TOGETHER FOR A HUNGER-FREE SOUTH CAROLINA.

On motion of Senator MESCHER, with unanimous consent, the Concurrent Resolution was recalled from the General Committee.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1247 (Word version) -- Senators Verdin and Thomas: A SENATE RESOLUTION TO HONOR AND CONGRATULATE MRS. ELIZABETH GUIN NIVENS ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR MANY MORE YEARS TO COME.
l:\council\bills\bbm\10323sj04.doc

The Senate Resolution was adopted.

S. 1248 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE SWANSEA HIGH SCHOOL JUNIOR VARSITY GIRLS SOCCER TEAM AND THEIR HEAD COACH, WILLIAM "SKIP" BROOME, ON WINNING THE


Printed Page 2715 . . . . . Tuesday, May 18, 2004

2004 REGIONAL SOCCER DIVISION CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
l:\council\bills\dka\3947dw04.doc

The Senate Resolution was adopted.

S. 1249 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 17-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCLUDE REFERENCES TO MUNICIPAL AND COUNTY PROSECUTORS; TO AMEND SECTION 17-22-30, RELATING TO THE DISCRETION OF CIRCUIT SOLICITORS TO ESTABLISH PRETRIAL INTERVENTION PROGRAMS, SO AS TO ADD THAT MUNICIPAL AND COUNTY PROSECUTORS HAVE SIMILAR DISCRETION TO REFER A PERSON TO A PRETRIAL INTERVENTION PROGRAM OR ANOTHER FOR PROFIT OR NOT FOR PROFIT INTERVENTION OR COUNSELING PROGRAM APPROVED BY THE SOLICITOR'S OFFICE AND TO PROVIDE THAT AN INTERVENTION OR COUNSELING PROGRAM MUST MEET ESTABLISHED STANDARDS OF CARE DEVELOPED BY AN ADVISORY COMMITTEE COMPOSED OF THE PRETRIAL INTERVENTION COORDINATOR AND REPRESENTATIVES OF A FOR PROFIT AND A NOT FOR PROFIT INTERVENTION OR COUNSELING PROGRAM; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO AUTHORIZE THE PRETRIAL INTERVENTION COORDINATOR TO CHARGE A FEE OF NOT MORE THAN SEVENTY-FIVE DOLLARS TO QUALIFY A PERSON FOR AN INTERVENTION OR COUNSELING PROGRAM; AND TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR INTERVENTION, SO AS TO PROVIDE AN EXCEPTION FOR PERSONS CHARGED WITH TRAFFIC VIOLATIONS WHEN THE MUNICIPAL OR COUNTY PROSECUTOR CONSIDERS REFERRAL TO AN INTERVENTION PROGRAM APPROPRIATE.
l:\council\bills\ms\7248ahb04.doc

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


Printed Page 2716 . . . . . Tuesday, May 18, 2004

S. 1250 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ELECTRIC & GAS COMPANY AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ON THE OCCASION OF THE TWENTY-YEAR ANNIVERSARY OF THE COMMERCIAL OPERATION OF THE V. C. SUMMER NUCLEAR PLANT, A JOINT PARTNERSHIP BETWEEN THESE TWO OUTSTANDING ORGANIZATIONS, WHICH WILL BE CELEBRATED ON MAY 27, 2004.
l:\council\bills\gjk\21288sd04.doc

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

S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.
l:\council\bills\ggs\22712htc04.doc

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4640 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Koon, Martin, Pinson, Sinclair, G. R. Smith and Taylor: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY.

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


Printed Page 2717 . . . . . Tuesday, May 18, 2004

H. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D. C. Smith, J. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE PRESIDENT GEORGE W. BUSH AND THE DEPARTMENT OF ENERGY TO UTILIZE EARLY RETIREMENT INCENTIVES AND VOLUNTARY SEPARATION INCENTIVES WHEN IMPLEMENTING A REDUCTION IN FORCE AT THE SAVANNAH RIVER SITE.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 5242 (Word version) -- Rep. Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Read the first time and, on motion of Senator Branton, with unanimous consent, was referred to the Dorchester Legislative Delegation.

H. 5243 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE


Printed Page 2718 . . . . . Tuesday, May 18, 2004

MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.

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

H. 5248 (Word version) -- Reps. E. H. Pitts, Koon and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS TENNIS TEAM AND THE TEAM'S COACH, ROBBIE HUNTER, ON THEIR OUTSTANDING UNDEFEATED SEASON AND CONGRATULATE THEM ON WINNING THE 2004 CLASS AAAA BOYS TENNIS CHAMPIONSHIP TITLE ON SATURDAY, MAY 8, 2004.

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

H. 5249 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF ORANGEBURG COUNTY AND THE STAFF AND RESIDENTS OF THE METHODIST OAKS IN EXPRESSING THEIR SORROW AT THE DEATH OF MARY ELIZABETH PHELPS THOMAS AND THEIR OUTRAGE AT THE CONTINUED TOLL DOMESTIC VIOLENCE TAKES ON THE PEOPLE OF SOUTH CAROLINA.

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

H. 5250 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".

The Concurrent Resolution was introduced and referred to the General Committee.

H. 5251 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".

The Concurrent Resolution was introduced and referred to the General Committee.


Printed Page 2719 . . . . . Tuesday, May 18, 2004

H. 5252 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".

The Concurrent Resolution was introduced and referred to the General Committee.

H. 5253 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO CONGRATULATE CORPORAL CARROLL WELCH OF THE SOUTH CAROLINA HIGHWAY PATROL UPON HIS RECEIPT OF THE BRONZE STAR FOR EXCEPTIONAL MERITORIOUS SERVICE IN IRAQ AS A MEMBER OF THE ARMY NATIONAL GUARD.

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

H. 5255 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO COMMEND MAGISTRATE BOBBY O. SMITH OF GRAYS, SOUTH CAROLINA, FOR A DISTINGUISHED MAGISTERIAL CAREER IN JASPER COUNTY UPON HIS RETIREMENT AS MAGISTRATE.

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

H. 5256 (Word version) -- Rep. Skelton: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE DR. PAUL PRICHARD, PRINCIPAL OF CLEMSON ELEMENTARY SCHOOL, UPON HIS RETIREMENT AFTER A FORTY-THREE YEAR CAREER IN EDUCATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5259 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins,


Printed Page 2720 . . . . . Tuesday, May 18, 2004

Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE A. JUNE LENNON OF GREENVILLE ON RECEIVING THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS SOUTHEAST REGIONAL "SMALL-BUSINESS CHAMPION" AWARD AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.

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

REPORT OF STANDING COMMITTEE

Senator PEELER from the Committee on Medical Affairs polled out H. 4455 favorable:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.


Printed Page 2721 . . . . . Tuesday, May 18, 2004

Poll of the Medical Affairs Committee
Polled 17; Ayes 17; Nays 0; Not Voting 0

AYES

Peeler                    Smith                     Moore
Courson                   Giese                     Thomas
Hayes                     Jackson                   Short
Fair                      Hutto                     Anderson
Branton                   Pinckney                  Ritchie
Grooms                    Malloy

TOTAL--17

NAYS

TOTAL--0

Ordered for consideration tomorrow.

POINT OF ORDER

H. 4925--GENERAL APPROPRIATION BILL

The Report of the Committee of Conference on H. 4925, the General Appropriation Bill, was taken up for immediate consideration.

Senator LEATHERMAN was recognized to speak on the report.

Point of Order

Senator RYBERG raised a Point of Order that under the provisions of Rule 37 the Report of the Committee of Conference must lie on the Desk one statewide legislative day for consideration.

The PRESIDENT sustained the Point of Order.


Printed Page 2722 . . . . . Tuesday, May 18, 2004

Message from the House

Columbia, S.C., May 18, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 4925--GENERAL APPROPRIATION BILL

Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

S. 1148 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMATIC SUSPENSION OF A MOTOR VEHICLE REGISTRATION UPON LAPSE OR TERMINATION OF THE SECURITY REQUIRED TO OPERATE THE VEHICLE, SO AS TO PROVIDE THAT THE VEHICLE'S OWNER'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN THE VEHICLE'S REQUIRED SECURITY LAPSES OR TERMINATES; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO A PROVIDER OF INSURANCE'S OR SECURITY'S OBLIGATION TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE'S INSURANCE OR SECURITY LAPSES OR TERMINATES, SO AS TO REVISE THE PROCEDURE WHEREBY AN INSURANCE OR SECURITY PROVIDER MUST NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHEN AN AUTOMOBILE INSURANCE POLICY OR SECURITY LAPSES OR TERMINATES, AND TO REVISE THE DEPARTMENT OF MOTOR VEHICLE'S OBLIGATIONS TO NOTIFY A VEHICLE OWNER THAT HIS VEHICLE REGISTRATION HAS BEEN SUSPENDED; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A REGISTERED VEHICLE BE INSURED, SO AS TO PROVIDE THAT THE CERTIFICATE OF INSURANCE MUST BE IN A FORM THAT HAS BEEN REVIEWED BY THE DEPARTMENT OF INSURANCE AND THE WORKING GROUP, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE A REGULATION TO REQUIRE PROOF OF INSURANCE ON


Printed Page 2723 . . . . . Tuesday, May 18, 2004

CERTAIN NEW AND RENEWAL REGISTRATIONS; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT ONCE A MOTOR VEHICLE BECOMES UNINSURED, THE VEHICLE OWNER MUST OBTAIN NEW INSURANCE OR SURRENDER HIS VEHICLE REGISTRATION AND LICENSE PLATE, SO AS TO PROVIDE THAT A PERSON'S DRIVING PRIVILEGES ARE ALSO SUSPENDED WHEN HIS MOTOR VEHICLE BECOMES UNINSURED; TO AMEND SECTION 56-10-640, RELATING TO THE MOTORIST INSURANCE DATABASE PROGRAM, SO AS TO PROVIDE THAT THE WORKING GROUP SHALL ISSUE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF THE PROGRAM AND ISSUE ANNUAL REPORTS ON THE PROGRAM'S EFFECTIVENESS; TO AMEND SECTION 56-10-650, RELATING TO THE SUSPENSION OF THE LICENSE PLATE OF AN UNINSURED MOTOR VEHICLE, SO AS TO REVISE THE PERIOD OF TIME A PERSON MUST VERIFY THAT HIS MOTOR VEHICLE IS INSURED OR EXEMPT FROM THE FINANCIAL SECURITY REQUIREMENTS BEFORE HIS DRIVING PRIVILEGES AND VEHICLE LICENSE PLATES WILL BE SUSPENDED; TO AMEND SECTION 38-55-50, RELATING TO THE PROVISIONS THAT PROHIBIT DISCRIMINATION IN THE OFFERING OF INSURANCE POLICIES, SO AS TO PROVIDE THAT A LICENSED AGENT OR BROKER MAY CHARGE CERTAIN ADMINISTRATIVE FEES FOR INCIDENTAL SERVICES TO CERTAIN INDIVIDUALS ASSOCIATED WITH UNINSURED MOTORIST RELATED TRANSACTIONS AND THE ELECTRONIC REPORTING OF INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 38-77-340, RELATING TO AGREEMENTS TO EXCLUDE NATURAL PERSONS FROM INSURANCE COVERAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING THESE AGREEMENTS.

The House returned the Bill with amendments.

On motion of Senator RYBERG, 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.


Printed Page 2724 . . . . . Tuesday, May 18, 2004

HOUSE CONCURRENCES

S. 924 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.

Returned with concurrence.

Received as information.

S. 926 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.

Returned with concurrence.

Received as information.

S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA


Printed Page 2725 . . . . . Tuesday, May 18, 2004

DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.

Senator RICHARDSON asked unanimous consent to withdraw his proposed amendment and give the Bill a third reading.

There was no objection and the Bill was ordered enrolled for ratification.

H. 4871 (Word version) -- Reps. Witherspoon, Viers, Barfield, Clemmons and Keegan: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE A CERTAIN VOTING PRECINCT IN HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

HOUSE BILLS RETURNED

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

H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT


Printed Page 2726 . . . . . Tuesday, May 18, 2004

CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.

Senator RITCHIE explained the Bill.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3482 (Word version) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL


Printed Page 2727 . . . . . Tuesday, May 18, 2004

POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.

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

Senators MARTIN and HUTTO proposed the following amendment (3482R001.LAM), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS as follows:

/   SECTION ___.   Section 16-23-20 of the 1976 Code is amended by adding an item to read:

"(13)   Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle."

SECTION ___.   Section 16-23-420 of the 1976 Code, as amended by Act 274 of 2002, is further amended to read:

"Section 16-23-420.   (A)   It is unlawful for a person to carry onto possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or into in any publicly-owned building a firearm of any kind, without the express permission of the authorities in charge of the premises or property.

(B)   It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.

(C)   A person who violates the provisions of this section 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.

(D)   This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular


Printed Page 2728 . . . . . Tuesday, May 18, 2004

building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

(E)   For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.

(F)   This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN 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.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH


Printed Page 2729 . . . . . Tuesday, May 18, 2004

REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

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

There was no objection.

The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.

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

H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A


Printed Page 2730 . . . . . Tuesday, May 18, 2004

RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.

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

The Committee on Medical Affairs proposed the following amendment (NBD\12557AC04), which was adopted:

Amend the bill, as and if amended, Section 44-7-2910(A)(2), page 2, line 13 before the /./ by inserting /or at the individual's primary place of employment/

Amend the bill further, by deleting Section 44-7-2910(C)(2) and inserting:

/(2)   A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal state criminal record check on the applicant in addition to the state prior to employment and shall commence a federal criminal record check after employment. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia another state for the preceding twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall may conduct only a state criminal record check in the applicant's resident state or jurisdiction where the applicant previously resided. /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.


Printed Page 2731 . . . . . Tuesday, May 18, 2004

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

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 1243 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.

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

The Committee on Judiciary proposed the following amendment (JUD3409.002), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

  /   A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175, SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO


Printed Page 2732 . . . . . Tuesday, May 18, 2004

AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 35, Title 23 of the 1976 Code is amended by adding:

"Section 23-35-175.   (A)   As used in this section:

(1)   'Fireworks' means ICC Class C Common Fireworks as defined and enumerated in Section 23-35-10.

(2)   'Fireworks Prohibited Zone' means property designated through the processes in this section as an area in which fireworks are prohibited from being knowingly and wilfully discharged.

(3)   'Local governing body' means the governing body of a county or municipality.

(4)   'Managing authority' means a governing board of a condominium association.

(5)   'Subject property' means the property controlled by the owner, lessee, or managing authority for which a Discharge of Fireworks Prohibited Agreement has been filed.

(B)   It is unlawful to knowingly and wilfully discharge fireworks from, in, or into a Fireworks Prohibited Zone. A person who knowingly and wilfully discharges fireworks from, in, or into a Fireworks Prohibited Zone is guilty of a misdemeanor and, upon conviction, must be punished:

(1)   for a first offense by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and

(2)   for a second and subsequent offense by a fine of not more than two hundred dollars or imprisonment for not more than thirty days.

(C)   An owner, a lessee, or managing authority of real property may establish a Fireworks Prohibited Zone by:

(1)   filing a Discharge of Fireworks Prohibited Agreement with the law enforcement agency having jurisdiction over the subject property; and

(2)   posting at least two signs or placards in conspicuous locations on the subject property. These signs or placards must be posted to be visible from any street or thoroughfare the subject property abuts and


Printed Page 2733 . . . . . Tuesday, May 18, 2004

any public land sharing a common boundary with the subject property. The signs or placards must measure not less than twelve inches by twelve inches and bear the following inscription:

'DISCHARGE OF FIREWORKS PROHIBITED

VIOLATORS WILL BE PROSECUTED'

In addition to the inscription, the signs or placards must identify the subject property for which the Discharge of Fireworks Prohibited Agreement has been filed and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone as provided in this section.

(D)   The Discharge of Fireworks Prohibited Agreement must be in the following form:

DISCHARGE OF FIREWORKS PROHIBITED AGREEMENT

DATE:____________________________________________

ADDRESS OF SUBJECT PROPERTY:

____________________________________________________

____________________________________________________

NAME OF SUBJECT PROPERTY (IF COMMERCIAL):

____________________________________________________

____________________________________________________

PROPERTY BOUNDARIES OR LEGAL DESCRIPTION
OF SUBJECT PROPERTY:

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

I, _________, the undersigned, being the owner, lessee, or managing authority of the above described subject property, establish for my period of ownership, occupancy, or authority over the subject property a Fireworks Prohibited Zone for the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone. By filing this agreement, I request that the applicable law enforcement agency enforce the prohibition of the discharge of fireworks on said subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone to the fullest extent of the law.

I acknowledge that this Discharge of Fireworks Prohibited Agreement exists only for the time period that I own, lease, or manage the subject property, or until I rescind the agreement, whichever occurs first.


Printed Page 2734 . . . . . Tuesday, May 18, 2004

I agree to post two signs or placards measuring not less than twelve inches by twelve inches in conspicuous locations on the subject property. The signs or placards must: (1) identify the subject property and, if applicable, any adjoining public property to which the local governing body has extended the Fireworks Prohibited Zone, and (2) bear the following inscription:

'DISCHARGE OF FIREWORKS PROHIBITED

VIOLATORS WILL BE PROSECUTED'

__________________________________________

OWNER, LESSEE, OR MANAGING AUTHORITY

__________________________________________

WITNESS

(E)(1)   If authorized by a decision of the local governing body as provided in this subsection, an owner, lessee, or managing authority that has filed a Discharge of Fireworks Prohibited Agreement with a local law enforcement agency may extend the Fireworks Prohibited Zone beyond the subject property:

(a)   to the low water mark of all oceanic bodies of water adjoining the subject property;

(b)   to the center line of any street or thoroughfare that abuts the subject property; or

(c)   onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.

(2)   The owner, lessee, or managing authority must apply for the extension in the office of the local governing body on the following form:

APPLICATION FOR EXTENSION OF FIREWORKS PROHIBITED ZONE

DATE:___________________________________________

ADDRESS OF SUBJECT PROPERTY:

____________________________________________________

____________________________________________________

NAME AND ADDRESS OF APPLICANT:

____________________________________________________

____________________________________________________

____________________________________________________

I,_________, the undersigned, am the owner, lessee, or managing authority of the above described subject property for which a Discharge of Fireworks Prohibited Agreement was filed with the ____________ law enforcement agency on __________. I am attaching with this


Printed Page 2735 . . . . . Tuesday, May 18, 2004

application a copy of the Discharge of Fireworks Prohibited Agreement.

I have circled the following applicable description of the public property onto which I request the zone to be extended:

(a)   to the low water mark of all oceanic bodies of water adjoining the subject property;

(b)   to the center line of any street or thoroughfare that abuts the subject property; or

(c)   onto any public land sharing a common boundary with the subject property for a distance not to exceed five hundred feet.

Below I have briefly described the public property onto which this application proposes to extend the fireworks prohibited zone:

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

If authorized by a decision of the local governing body to extend the Fireworks Prohibited Zone, I agree to identify the subject property and extended public property included in the Fireworks Prohibited Zone on two signs or placards measuring not less than twelve inches by twelve inches posted in conspicuous locations on the subject property.

__________________________________________

OWNER, LESSEE, OR MANAGING AUTHORITY

__________________________________________

WITNESS

(3)   A local governing body may provide by ordinance for additional information to be included in the application. The local governing body must not require a fee for this application.

(4)   In considering whether a Fireworks Prohibited Zone may be extended onto public property as provided in item (1), the local governing body must:

(a)   schedule a public hearing within a reasonable time from which the application is made;

(b)   give fifteen days' public notice of the hearing in a newspaper of general circulation in the community; and

(c)   receive testimony from interested persons, their agents, or their attorneys at the public hearing.

(5)   No later than five calendar days following the public hearing, the local governing body must issue a written decision, including all findings of fact and rationales upon which the determination is made, concerning whether the Fireworks Prohibited Zone is to be extended.


Printed Page 2736 . . . . . Tuesday, May 18, 2004

If the local governing body authorizes the extension of a Fireworks Prohibited Zone, the local governing body's decision must be filed by the owner, lessee, or managing authority with the Discharge of Fireworks Prohibited Agreement for the subject property at the local law enforcement agency.

(F)   A local governing body or local law enforcement agency is authorized to post appropriate signs or placards indicating the location of Fireworks Prohibited Zones in areas where contiguous properties have filed a Discharge of Fireworks Prohibited Agreement.

(G)   A person may be prosecuted pursuant to the provisions of this section only if the subject property of the Fireworks Prohibited Zone is posted as required by this section.

(H)   Unless restricted or prohibited by a lease or contract, a lessee may establish a Fireworks Prohibited Zone and apply for an extension of the zone onto public property as provided in this section during the time of the lease.

(I)   A Discharge of Fireworks Prohibited Agreement exists only:

(1)   during the ownership, lease, or authority of the person filing the agreement; or

(2)   until the owner, lessee, or managing authority rescinds the agreement by withdrawing the documentation filed with the local law enforcement agency. If the subject property is no longer established as a Fireworks Prohibited Zone, any extension by a local governing body of the Fireworks Prohibited Zone to public property is unenforceable.

(J)   The provisions of this section do not apply to a professional fireworks display show or demonstration that has been permitted or licensed to operate by the local governing body or has been authorized to operate as provided by law.

(K)   Nothing in this section is designed to abrogate any civil remedies available under statutory or common law."

SECTION   2.   Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:

"(___)   the grant or denial by a governing body of a county or municipality as provided in Section 23-35-175 of an application to extend a Fireworks Prohibited Zone beyond the subject property for which a Discharge of Fireworks Prohibited Agreement has been filed."

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

Renumber sections to conform.

Amend title to conform.


Printed Page 2737 . . . . . Tuesday, May 18, 2004

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4767 (Word version) -- Reps. J.E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.

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

The Committee on Judiciary proposed the following amendment (JUD4767.001), which was adopted:

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

/   SECTION   1.   Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-175.   The board of voter registration in each county, or the entity charged by law with registering an elector, shall provide voter registration application forms to the administration of any high school in this State, upon the administration's request."

SECTION   2.   Chapter 39, Title 59 of the 1976 Code is amended by adding:

"Section 59-39-200.   Each high school in this State shall make available to its students voter registration application forms. Pursuant to Section 7-5-175, the forms must be provided to high school administrators upon their request to the appropriate county voter registration board or entity charged by law with registering an elector."

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

Renumber sections to conform.

Amend title to conform.


Printed Page 2738 . . . . . Tuesday, May 18, 2004

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

RECOMMITTED

The following Bills were recommitted to the appropriate committees:

S. 740 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY,


Printed Page 2739 . . . . . Tuesday, May 18, 2004

SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection.

S. 219 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR PUBLIC WATER SYSTEM FROM ADOPTING, IMPLEMENTING, OR ENFORCING CROSS-CONNECTION CONTROL OR BACKFLOW PREVENTION STANDARDS THAT EXCEED THE STRINGENCY OF THE STANDARDS SET BY STATE LAW AND REGULATIONS; TO AMEND SECTION 44-55-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE SAFE DRINKING WATER ACT, SO AS TO INCLUDE A REFERENCE TO A "LOW HAZARD CROSS-CONNECTION"; TO AMEND SECTION 44-55-30, RELATING TO DESIGN AND CONSTRUCTION OF A PUBLIC WATER SYSTEM AND STANDARDS ESTABLISHED BY THE SOUTH CAROLINA BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE BOARD TO ADOPT REGULATIONS DEFINING A HIGH HAZARD CROSS-CONNECTION AND A LOW HAZARD CROSS-CONNECTION, TO DESCRIBE CERTAIN LOW HAZARD CROSS-CONNECTIONS, AND TO EXEMPT LOW HAZARD CROSS-CONNECTIONS FROM REGULATION; AND TO AMEND SECTION 44-55-40, RELATING TO CONSTRUCTION, INSPECTION, OPERATION, AND APPROVAL OF PUBLIC WATER TREATMENT FACILITIES AND WELLS, SO AS TO EXEMPT A LOW HAZARD CROSS-CONNECTION FROM ITS PROVISIONS.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Medical Affairs

There was no objection.

S. 616 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA,


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1976, RELATING TO COUNTY RESIDENT MEMBERS ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CLARIFY THAT A COUNTY SHALL ONLY BE REPRESENTED ON THE COMMISSION FOR ONE TERM OF SIX YEARS UNLESS AT LEAST SIX YEARS LAPSE FROM THE EXPIRATION OF THE FORMER MEMBER'S TERM; TO AMEND SECTION 57-1-330, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT A COMMISSIONER SHALL NOT SERVE MORE THAN ONE TERM OF SIX YEARS, TO PROVIDE FOR STAGGERED TERMS OF COMMISSION MEMBERS APPOINTED PURSUANT TO THIS ACT, AND TO PROVIDE THAT A COMMISSIONER SERVING ON THIS ACT'S EFFECTIVE DATE MAY COMPLETE THE TERM FOR WHICH HE WAS ELECTED.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Transportation.

There was no objection.

S. 794 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Transportation.

There was no objection.

S. 260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES


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ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Finance.

There was no objection.

S. 975 (Word version) -- Senators Waldrep, Hutto, Cromer, Knotts and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY FAIRNESS ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Agriculture and Natural Resources

There was no objection.

S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, Cromer,


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J. Verne Smith and Alexander: A BILL TO AMEND NUMEROUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR THE RESTRUCTURING OF VARIOUS AGENCIES, DEPARTMENTS, AND OFFICES OF STATE GOVERNMENT. (ABBREVIATED TITLE)

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection.

S. 387 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection.

S. 1147 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS


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FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.

Senator HUTTO asked unanimous consent to recommit the Bill to the Committee on Fish, Game, and Forestry.

There was no objection.

ADOPTED

H. 5172 (Word version) -- Reps. J.E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE THIRTY-FOURTH EARTH DAY ON APRIL 22, 2004, TO REFLECT ON THE RICH HISTORY OF THE ENVIRONMENTAL MOVEMENT IN SOUTH CAROLINA OVER THE LAST THIRTY YEARS, AND TO PRAISE THE SOUTH CAROLINA HERITAGE TRUST PROGRAM AND ITS STAFF FOR ITS EFFORTS IN PROTECTING AND PRESERVING THE ENVIRONMENT FOR FUTURE GENERATIONS OF SOUTH CAROLINIANS.

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

S. 1242 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 703 CAUSEWAY IN CHARLESTON COUNTY, FROM SULLIVAN'S ISLAND TO


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THE BEN SAWYER BRIDGE, IN HONOR OF LOUIS STITH, SR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH ENDS OF THE CAUSEWAY CONTAINING THE WORDS "LOUIS STITH SR. MEMORIAL CAUSEWAY".

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

H. 5238 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE REPUBLIC OF COLOMBIA'S INDEPENDENCE DAY ON JULY 20, 2004, AND TO COMMEMORATE THIS SPECIAL OCCASION WHEN REGIONAL AND CULTURAL CELEBRATIONS ARE HELD, THE FLAG AND NATIONAL ANTHEM ARE HONORED, AND THOSE WHO SHED THEIR BLOOD IN BATTLE SO THAT THE PEOPLE OF COLOMBIA COULD ATTAIN INDEPENDENCE ARE REMEMBERED.

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

H. 4409 (Word version) -- Reps. Weeks and G.M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF HIGHWAY 521 IN SUMTER COUNTY FROM ITS INTERSECTION WITH LAFAYETTE BOULEVARD TO THE SUMTER CITY LIMIT AS "THE MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY" IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT


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APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "THE MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

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

OBJECTION

S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.

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

Senator MARTIN objected to further consideration of the Bill.

H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

Senator KNOTTS objected to further consideration of the Resolution.

AMENDMENT PROPOSED, OBJECTION

H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE


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ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.

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

Senator WALDREP proposed the following amendment (4821R001.RLW):

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

/   SECTION   ____.   Section 40-45-110 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )   Notwithstanding any provision to the contrary, nothing in this chapter shall be construed to prohibit conduct authorized by Chapter 113 of Title 44."     /

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

Senator VERDIN objected to further consideration of the Bill.

CARRIED OVER

H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF


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ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.

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

S. 1244 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2872, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Resolution.

On motion of Senator HAYES, with unanimous consent, the Joint Resolution was carried over.

MOTION ADOPTED

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Master Matthew Hix, age 6, of Greer, S.C.

ADJOURNMENT

At 1:44 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 1:00 P.M.

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