Senate Journal for Apr. 4, 2002 - South Carolina ...



Thursday, April 4, 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, as the television news tells us of the fighting today in Jerusalem and Bethlehem, we read in Isaiah, Chapter 38:4f:

“Then the word of the Lord came to Isaiah: ‘Go and say to Hezekiah, thus says the Lord, the God of your ancestor David: I have heard your prayer, I have seen your tears... I will deliver you and this city’...”

Let us pray.

Father, we pray for the family of Jim Hendrix and for his multitude of friends. Grant peace to his soul and comfort to his family!

We thank You for the message from ancient times when Hezekiah moved from a political focus to a theological focus.

We thank You for the words of Phillips Brooks, 1868:

“O little town of Bethlehem...

While mortals sleep, the angels keep

Their watch of wondrous love.

O morning stars, together

Proclaim the holy Birth!

And praises sing to God the King,

And peace to men on earth.”

Amen.

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

Leave of Absence

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

MESSAGE FROM THE GOVERNOR

VETO SUSTAINED

(R207, S933) -- Senators Ravenel, McConnell and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

On motion of Senator FORD, the veto by the Governor was taken up for immediate consideration.

Senator RAVENEL moved that the veto be carried over.

Senator FORD objected.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 3; Nays 2; Not Voting 3

AYES

Branton (1.31) Grooms (2.68) Ravenel (12.83)

Total--3

NAYS

Ford (22.89) Pinckney (11.46)

Total--2

NOT VOTING

Kuhn (14.70) McConnell (25.54) Mescher (8.60)

Total--3

By a weighted vote of 16.82 to 34.35, the Senate refused to carry over the veto by the Governor.

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

STATE OF SOUTH CAROLINA

Office of the Governor

Post Office Box 11829

Columbia, SC 29211

March 12, 2002

The Honorable Robert L. Peeler

President of the S.C. Senate

The State House

Columbia, SC 29201

The Honorable Glenn F. McConnell

President Pro Tempore, South Carolina Senate

The State House

Columbia, SC 29201

VETO MESSAGE

Gentlemen:

I am hereby vetoing R. 207 (S. 933) and returning the Bill to the Senate. This Bill changes the method of election of Charleston County School Board Trustees, beginning with the 2002 elections, from nonpartisan elections to partisan elections.

South Carolina schools are no place for partisan politics. The vast majority of local school boards in our State are nonpartisan and there is a compelling reason to maintain that tradition. Each public school district in South Carolina is an autonomous community with unique characteristics and issues. I believe wholeheartedly that the best way for each community to deal with its own local education matters is for its elected leaders to focus on the best interests of the students in that district and not be distracted or affected by partisan political motives, pressures or affiliation.

I think most South Carolinians share my belief that school boards elections should not attract partisan political office seekers as

candidates, but conscientious citizens genuinely committed to providing our children the quality education they deserve.

Sincerely,

/s/ Jim Hodges

Parliamentary Inquiry

Senator RYBERG made a Parliamentary inquiry as to whether or not the veto by the Governor should be voted on by the entire Senate and not solely by the members of the Charleston Delegation.

The PRESIDENT stated that the veto message was subject to Rule 51.

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

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 5; Nays 2; Not Voting 1

AYES

Branton (1.31) Grooms (2.68) Kuhn (14.70)

Mescher (8.60) Ravenel (12.83)

Total--5

NAYS

Ford (22.89) Pinckney (11.46)

Total--2

NOT VOTING

McConnell (25.54)

Total--1

The necessary two-thirds vote not having been received (40.12 to 34.35), the veto of the Governor was sustained, and a message was sent to the House accordingly.

Senator LEATHERMAN spoke on the veto.

Senator BAUER spoke on the veto.

Senator MESCHER spoke on the veto.

Objection

Senator FORD asked unanimous consent to make a motion to recede from business not to exceed five minutes.

Senator GROOMS objected.

Senator BRANTON spoke on the veto.

Senator PINCKNEY spoke on the veto.

Senator KUHN spoke on the veto.

Senator FORD spoke on the veto.

Senator RAVENEL spoke on the veto.

ACTING PRESIDENT PRESIDES

At 11:54 A.M., Senator MARTIN assumed the Chair.

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008

At-Large

J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE G. Bryan Lyndon

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence July 1, 2002, and to expire July 1, 2004

Chairman

J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE Holly Saleeby Atkins

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008

At-Large

J. Michelle Childs, Esquire, 3929 West Buchanan Drive, Columbia, S.C. 29201 VICE Donald Van Riper

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008

At-Large

George Norwood Funderburk, Esquire, 16 Whitsett Street, Greenville, S.C. 29601 VICE Ann M. Mickle

Referred to the Committee on Judiciary.

Local Appointments

Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

William Donald Owens, 124 Vandiventer Dr., Greer, S.C. 29650

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Eudora "Dodie" W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Bruster O. Harvin, 477 Jane Harvin Road, Lane, S.C. 29564

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Cynthia W. Burrows, P. O. Box 956, Kingstree, S.C. 29556

Doctor of the Day

Senator HAWKINS introduced Dr. David Mitchell of Spartanburg, S.C., Doctor of the Day.

Motion to Ratify Adopted

At 11:05 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.

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

Expression of Personal Interest

Senator MARTIN rose for an Expression of Personal Interest.

Remarks by Senator MARTIN

Mr. PRESIDENT, Members of the Senate,

Just very briefly, the Chaplain made note this morning in his prayer the passing of Jim Hendrix, our Election Commission Director. I know many of you have worked with Jim over the years. I just wanted to comment that there is a Bill on the Senate Calendar today that came out of a subcommittee that I chaired on Judiciary on which he worked very diligently. I was going to make mention of it when we got to it, but I was afraid to do that as I did not want to tie it too closely with the legislation. I just wanted to share with you that I had always enjoyed working with him and respected the great gentle demeanor that he always had on working on difficult questions dealing with the election laws. This Bill is a fairly comprehensive Bill that we will take up after a while on second reading.

Mr. PRESIDENT, the point I wanted to make about Mr. Hendrix, taking note of the great job that he did in particular with our election process in South Carolina, is that we have never had the controversy associated with holding a statewide election that we have seen in other states. South Carolina has been well served by the kind of leadership he provided and the kind of diligence that he attempted to provide in leading that agency. I just wanted to make those comments today, as I thought about him just in the last week or so appearing before a legislative committee over here and how he had worked so diligently on that particular bill. Also, I wanted to remind us once again just how things can change. Just in a twinkling of an eye, things can change. That is the profound impact of Jim Hendrix’s passing on me today as I thought about him being there in that committee room just a week or so ago and how involved he was in that Bill. We had a couple of different meetings on it. My local election director was there. She had been very involved in helping pass that. I just wanted to make those comments to all of you today to share with you my reflections on him and to thank the Chaplain for remembering him. I know that all of us join in expressing to his family our deepest sympathies, our heartfelt condolences and our very warmest wishes in this very difficult time. Thank you, Mr. PRESIDENT.

On motion of Senator COURSON, with unanimous consent, Senator MARTIN's remarks were ordered printed in the Journal.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1186 -- Senators Waldrep, Ravenel, Mescher, Richardson, Hayes, Thomas and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-25 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONG-RANGE STRATEGY FOR PRESERVING AND PROTECTING THE STATE’S NATURAL RESOURCES, TO REQUIRE THE DEPARTMENT IN EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION TO CERTIFY THAT THE ACTIVITY OR PROJECT IS CONSISTENT WITH THE DEPARTMENT’S LONG-RANGE STRATEGY, TO PROVIDE AREAS OF CONSIDERATION BY THE DEPARTMENT IN TAKING SUCH PERMITTING ACTION, AND TO REQUIRE THE DEPARTMENT TO PROMOTE PUBLIC PARTICIPATION IN ITS DECISION-MAKING PROCESS BY PROVIDING PUBLIC NOTICE OF PERMIT APPLICATIONS; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION.

l:\council\bills\nbd\11456ac02.doc

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

S. 1187 -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS 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.

l:\council\bills\nbd\11490ac02.doc

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

S. 1188 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ANNUAL SALARY THAT MAY BE EARNED BY A RETIRED STATE EMPLOYEE RETURNING TO STATE EMPLOYMENT, SO AS TO PROVIDE THAT SUBSEQUENT HIRING OF A RETIREE OF THE STATE RETIREMENT SYSTEM IS AT THE SOLE DISCRETION OF THE EMPLOYER.

l:\council\bills\nbd\11489ac02.doc

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

S. 1189 -- Senator Leventis: A BILL TO AMEND SECTION 11-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS ISSUED UNDER THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT, SO AS TO EXTEND THE MATURITY OF THE BONDS THAT MAY BE ISSUED UNDER THE ACT, AND TO AUTHORIZE THE ISSUANCE OF A SERIES OF BONDS DURING FISCAL YEAR 2001-2002 THE PROCEEDS OF WHICH SHALL BE USED TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS OF THE AUTHORITY OR DEPOSITED IN THE STATE GENERAL FUND; AND TO AMEND SECTION 11-11-170, AS AMENDED, RELATING TO USES OF REVENUES PAYABLE TO THE STATE FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO FURTHER PROVIDE FOR THE FUNDS OR REVENUES TO WHICH THIS PROVISION APPLIES AND FOR THE SOURCES OF THESE FUNDS OR REVENUES.

l:\council\bills\gjk\21249sd02.doc

Senator LEVENTIS spoke on the Bill.

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

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

S. 1190 -- Senator Elliott: A BILL TO AMEND SECTION 9-9-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVIVOR BENEFIT OPTION ELECTION FOR RETIRING MEMBERS OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM (GARS), SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A DECEASED MEMBER OF THE GENERAL ASSEMBLY WHO HAD AT LEAST TEN YEARS CREDITED SERVICE IN GARS AND WHO ELECTED THE MAXIMUM BENEFIT MAY RECEIVE A SURVIVOR BENEFIT EQUIVALENT TO THE OPTION 2 SURVIVOR ELECTION UPON A LUMP-SUM PAYMENT TO THE SYSTEM OF AN AMOUNT SUFFICIENT TO OFFSET THE ACTUARIAL COST OF THE BENEFIT.

l:\council\bills\bbm\9006htc02.doc

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

S. 1191 -- Senators Elliott, McConnell and Rankin: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, BY ADDING CHAPTER 11, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA HEREBY DELEGATES ITS AUTHORITY GRANTED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING CRUISES PURSUANT TO THE JOHNSON ACT OF 1992, (15 U.S.C. 1175, ET SEQ.) TO COUNTY AND MUNICIPAL GOVERNMENTS; TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED PURSUANT TO THE JOHNSON ACT; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY ONLY ASSESS CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.

l:\s-jud\bills\elliott\jud0117.de.doc

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

S. 1192 -- Senators Richardson, Bauer and Fair: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO ADD THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20, RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.

l:\council\bills\pt\1890dw02.doc

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

H. 5013 -- Reps. Meacham-Richardson, Leach, Simrill, Clyburn, Allison, Bales, Barrett, Carnell, Delleney, Easterday, Edge, Emory, Frye, Gilham, Govan, Harrison, Hinson, Hosey, Keegan, Kelley, Limehouse, Littlejohn, Lloyd, Loftis, J.M. Neal, Owens, Phillips, Rice, Riser, Rodgers, Sandifer, Sinclair, J.R. Smith, Snow, Stille, Walker and Wilder: A CONCURRENT RESOLUTION TO DECLARE APRIL AS “SOUTH CAROLINA CHRISTIAN HERITAGE MONTH”.

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

REPORTS OF STANDING COMMITTEES

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1048 -- Senator Fair: A BILL 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 FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.

Ordered for consideration tomorrow.

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

S. 1163 -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 4402 favorable:

H. 4402 -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.

General Committee Committee

Polled 16; Ayes 16; Nays 0; Not Voting 0

AYES

Mescher Drummond Holland

Land Thomas Patterson

McGill O’Dell Hayes

Elliott Martin Ryberg

Alexander Richardson Hawkins

Kuhn

TOTAL--16

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 4405 -- Rep. Harrison: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC OR PRIVATE SCHOOL IN RICHLAND COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL’S CONTROL.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

H. 4419 -- Reps. Townsend, Walker, Littlejohn, Whipper and Gilham: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION MUST KEEP A RECORD OF THE TRUSTEES WHO SUCCESSFULLY COMPLETE THE ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE AND TO FURTHER PROVIDE THAT A TRUSTEE OR COUNTY BOARD MEMBER WHO FAILS TO SUCCESSFULLY COMPLETE THE ORIENTATION IS SUBJECT TO SUSPENSION FROM OFFICE BY THE STATE DEPARTMENT OF EDUCATION OR REMOVAL FROM OFFICE PURSUANT TO SECTION 59-19-60.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

H. 4728 -- Reps. Owens, Knotts, Whatley, G.M. Smith, W.D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White, A. Young and McLeod: A BILL TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 4, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Riser, Ott and Witherspoon to the Committee of Free Conference on the part of the House on:

H. 3481 -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Very respectfully,

Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 4, 2002

Mr. President and Senators:

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

H. 3481 -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.

Very respectfully,

Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 4, 2002

Mr. President and Senators:

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

H. 3032 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

and has ordered the Bill enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 4, 2002

Mr. President and Senators:

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

H. 4014 -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

and has ordered the Bill enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 4, 2002

Mr. President and Senators:

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

H. 4455 -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.

and has ordered the Bill enrolled for Ratification.

Very respectfully,

Speaker of the House

Received as information.

ACTING PRESIDENT PRESIDES

At 12:22 P.M., Senator COURSON assumed the Chair.

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. 4695 -- Reps. Chellis, Robinson, Cotty, Simrill, Altman, Barrett, Battle, Breeland, G. Brown, Campsen, Cato, Dantzler, Easterday, Emory, Freeman, Frye, Harrison, Harvin, Haskins, J. Hines, Hinson, Hosey, Kirsh, Law, Leach, Limehouse, Lloyd, Lucas, Meacham-Richardson, Miller, J.M. Neal, Neilson, Perry, Phillips, Rice, Riser, Sandifer, Sharpe, D.C. Smith, J.R. Smith, Stille, Stuart, Talley, Vaughn, Walker, Webb, Whipper, A. Young and White: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

H. 4432 -- Reps. Owens, A. Young, Altman, Meacham-Richardson, Coates and Campsen: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 95 SO AS TO PROVIDE FOR THE ISSUANCE OF “GOD BLESS AMERICA” SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

By prior motion of Senator RYBERG, with unanimous consent

HOUSE BILLS RETURNED

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

H. 3838 -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3613 -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.

PRESIDENT PRESIDES

At 12:38 P.M., the PRESIDENT assumed the Chair.

THIRD READING BILLS

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

S. 1177 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1178 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

COMMITTEE AMENDMENT ADOPTED

READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1007 -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS’ COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM “EMPLOYEE” FOR PURPOSES OF THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF “AVERAGE WEEKLY WAGE” FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS’ COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.

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 (JUD1007.002), which was adopted:

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

/ SECTION 1. 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 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 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, 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 election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title.”

SECTION 2. 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 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 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 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 all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.;

(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 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. 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.”

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1167 -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A “PENN CENTER” SPECIAL LICENSE PLATE.

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

Senators PEELER and SETZLER proposed the following amendment (GGS\22454CM02), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION ____. Chapter 3, Title 56 of the 1976 Code is amended by adding:

“Article 93

South Carolina Nurses Special License Plates

Section 56-3-9250. (A) The department may issue South Carolina Nurses special license plates to owners of private passenger carrying motor vehicles registered in their names. The fee for each special license plate is forty-six dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(B) Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Nurses Foundation to endow scholarships for all of the state’s registered nursing programs.

(C) Before the department produces and distributes the South Carolina Nurses special license plates pursuant to this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization’s license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;

(2) a plan to market the sale of the special license plate which must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.” /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

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

SECOND READING BILLS

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

S. 1183 -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.

By prior motion of Senator LEVENTIS

S. 1184 -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.

By prior motion of Senator LEVENTIS

S. 1172 -- Senators McConnell, Jackson, Holland, Elliott, Saleeby, Ford, O’Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin, Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton, Leventis and Anderson: A BILL TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE

S. 1172--Ordered to a Third Reading

On motion of Senator RITCHIE, with unanimous consent, S. 1172 was ordered to receive a third reading on Friday, April 5, 2002.

H. 4794 -- Reps. Howard, J.E. Smith, J.H. Neal and Scott: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

H. 4794--Ordered to a Third Reading

On motion of Senator JACKSON, with unanimous consent, H. 4794 was ordered to receive a third reading on Friday, April 5, 2002.

S. 1180 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE AMOUNT OF THE BOND FOR WASTEWATER UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1180--Ordered to a Third Reading

On motion of Senator RITCHIE, with unanimous consent, S. 1180 was ordered to receive a third reading on Friday, April 5, 2002.

H. 4982 -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND.

Senator PEELER explained the Bill.

H. 4982--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4982 was ordered to receive a third reading on Friday, April 5, 2002.

S. 992--ADOPTION OF THE COMMITTEE AMENDMENT RECONSIDERED AND WITHDRAWN

S. 992 -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.

Senator GIESE 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 GIESE asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the April 3, 2002, committee amendment.

There was no objection.

The adoption of the committee amendment was reconsidered.

On motion of Senator GIESE, with unanimous consent, the previously adopted committee amendment was withdrawn.

There was no objection.

CARRIED OVER

S. 753 -- Senators Fair and Short: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED “STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT”, SO AS TO REVISE THE ARTICLE NAME; TO AMEND SEVERAL OTHER SECTIONS IN CHAPTER 7 OF TITLE 44 TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)

Senators FAIR and PEELER spoke on the Bill.

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

CARRIED OVER

S. 1047 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.

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

H. 3789 -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING AND AMENDING CERTAIN SECTIONS IN TITLE 7 RELATED TO ELECTION PROCEDURES. (ABBREVIATED TITLE)

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

AMENDMENT PROPOSED, CARRIED OVER

S. 1092 -- Senators Leatherman and Short: A BILL TO AMEND SECTION 6-4-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACCOMMODATIONS TAX, SO AS TO REDEFINE “TOURIST” TO DISTINGUISH BUSINESS COMMUTERS TO AND FROM CERTAIN UNDERDEVELOPED COUNTIES.

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

Senators SHORT and RANKIN proposed the following amendment (1092R001.LHS):

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

/ SECTION ___. Section 6-4-10 of the 1976 Code, as last amended by Act 147 1991, is further amended by adding subsection (5) to read:

“(5) The definition of tourist does not apply to festivals, arts and cultural events or the sponsoring organization of these events.”

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 4, 2002, at 12:30 P.M. and the following Acts and Joint Resolution were ratified:

(R228, S. 297) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE “SOUTH CAROLINA CONSERVATION BANK ACT” SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS, TO ESTABLISH THE “CONSERVE SOUTH CAROLINA” MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT, TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT EFFECTIVE JULY 1, 2004, AND PROVIDE THE BUDGETARY CIRCUMSTANCES IN WHICH THIS TRANSFER DOES NOT OCCUR, TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE FUNDING PROVISIONS OF THIS ACT JULY 1, 2013, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY, TO PROVIDE FOR THE WINDING UP OF THE AFFAIRS OF THE BANK TO REQUIRE THE BANK BOARD TO CONDUCT A REGULAR STUDY OF LAND LOSS BY SMALL LANDOWNERS AND THEIR HEIRS; TO AMEND SECTION 56-3-8100, RELATING TO REQUIREMENTS FOR SPECIAL LICENSE PLATES, SO AS TO INCLUDE WITHIN ITS REQUIREMENTS THE SPECIAL LICENSE PLATE ADDED BY THIS ACT, AND TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM IN APPLYING FOR CONSERVATION BANK TRUST FUNDS TO USE THOSE FUNDS FOR BEACH CONSERVATION IN THE STATE PARKS SYSTEM AND FOR THE ACQUISITION OF PROPERTY ADJACENT TO STATE PARKS FOR USE AS PART OF THE PARKS SYSTEM.

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(R229, S. 1052) -- Senator Glover: AN ACT TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.

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(R230, H. 3032) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES’ COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

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(R231, H. 4013) -- Rep. Cato: AN ACT TO AMEND SECTION 41-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.

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(R232, H. 4014) -- Rep. Cato: AN ACT TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION AND PREVENTION OF UNEMPLOYMENT, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO REQUIRE EMPLOYERS TO MAKE CERTAIN UNITED STATES BUREAU OF LABOR AND STATISTICS REPORTS AVAILABLE TO THE COMMISSION; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

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(R233, H. 4497) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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(R234, H. 4510) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon, Knotts, Clyburn and Rice: AN ACT TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

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THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

H. 3142 -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING “THE RIGHT TO WORK” AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

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

Senator HUTTO spoke on the Bill.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator HUTTO retaining the floor.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

William Donald Owens, 124 Vandiventer Dr., Greer, S.C. 29650

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004

Eudora "Dodie" W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Bruster O. Harvin, 477 Jane Harvin Road, Lane, S.C. 29564

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Hon. Cynthia W. Burrows, P. O. Box 956, Kingstree, S.C. 29556

MOTION ADOPTED

On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Haskell Frierson, Sr. of Alcolu, S.C.

Time Fixed

Senator LEATHERMAN moved that, when the Senate adjourns on Friday, April 5, 2002, it stand adjourned to meet next Tuesday, April 9, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:56 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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