Thursday, February 21, 2002
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:40 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the Psalmist’s lament over the Destruction of Jerusalem. Psalm 137:1f:
“By the rivers of Babylon--(less than 50 miles from Baghdad) there we sat down and there we wept when we remembered Zion. On the willows there we hung up our harps.”
Let us pray.
Father, these are days of decision when many in our Legislature are identifying issues, public and private. Some are wrestling with personal decisions. Some are wondering whether the hassle is worth the struggle. We do not ask for easy task but for strength and guidance to do our duty, and courage to persevere!
In our soul-searching we remember the words of Sir Walter Scott:
“Breathes there the man with soul so dead, Who never to himself hath said: ‘THIS IS MY OWN, MY NATIVE LAND’.”
Give us loyal ones with patriots’ dreams -- and patriots’ commitments.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator KUHN introduced Dr. William M. Simpson, Jr. of Charleston, S.C., Doctor of the Day.
Leave of Absence
At 1:30 P.M., Senator ANDERSON requested a leave of absence, beginning at 3:00 P.M., for the balance of the day.
1
THURSDAY, FEBRUARY 21, 2002
Leave of Absence
At 2:00 P.M., Senator LEVENTIS requested a leave of absence from 4:30 - 7:30 P.M.
Leave of Absence
At 2:00 P.M., Senator VERDIN requested a leave of absence until 4:30 P.M.
Remarks by Senator McCONNELL
Ladies and Gentlemen of the Senate, it is my pleasure to have here today for an introduction one of our Hunley Commission Members, Mr. William L. Schachte, Jr., who is a retired U.S. Navy Rear Admiral, who has been very instrumental in going to Washington and eventually getting the H.L. Hunley into custody. He is what we call our backchanneler. He handled all of our negotiations behind the scenes and has backchanneled everything through the development of the Hunley project.
He is here and is with a friend and business associate, Mr. Sam Box, who is President and CEO of Foster Wheeler Environmental Corporation. They are here in the balcony. If they could please stand so that the Senate can recognize them.
Senator MOORE: If I may, we are glad to have you. Foster Wheeler is a great group. I have some information and knowledge about them and they are a great group.
(On motion of Senator MOORE, with unanimous consent, ordered printed in the Journal.)
* * *
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1043 -- Senator Land: A SENATE RESOLUTION TO RECOGNIZE AND CELEBRATE THE EXTRAORDINARY LIFE AND WORK OF CIVIL RIGHTS ACTIVIST, COMMUNITY LEADER, AND FAMILY MAN, JAMES T. MCCAIN OF SUMTER, AND SINCERELY EXTEND BEST WISHES TO HIM AS HE CELEBRATES HIS NINETYSEVENTH BIRTHDAY ON MARCH 8, 2002.
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The Senate Resolution was adopted.
S.1044 -- Senator Land: A CONCURRENT RESOLUTION TO CELEBRATE THE STORIED HISTORY AND DEVELOPMENT OF LEE COUNTY, SOUTH CAROLINA, AND TO CONGRATULATE LEE COUNTY AND ALL ITS CITIZENS ON THE OCCASION OF ITS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 2002.
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The Concurrent Resolution was adopted, ordered sent to the House.
S.1045 -- Senator Thomas: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE “SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT” TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS’ ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS’ RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
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Read the first time and referred to the Committee on Banking and Insurance.
S.1046 -- Senators Anderson, Fair, Jackson and Verdin: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE OF LOTTERY TICKETS, SO AS TO PROHIBIT THE SALE OF LOTTERY TICKETS ON SUNDAY.
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Read the first time and referred to the Committee on Judiciary.
S.1047 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6161035 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.
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Read the first time and referred to the Committee on Judiciary.
S.1048 -- Senator Fair: A BILL TO AMEND SECTION 231920, 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.
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Read the first time and referred to the Committee on Judiciary.
S.1049 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6967 SO AS TO PROHIBIT THE INSTALLATION OR REPAIR OF EXTERIOR LATH AND PLASTER OR EXTERIOR INSULATION FINISH SYSTEMS, UNLESS PERFORMED BY A CERTIFIED CONTRACTOR OR RESIDENTIAL SPECIALTY CONTRACTOR; TO AMEND SECTION 401120, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO DEFINE “EXTERIOR INSULATION FINISHING SYSTEMS”; TO AMEND SECTION 4011110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AGAINST GENERAL CONTRACTORS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS THE INTERMIXING OF COMPONENTS OR MATERIALS FROM DIFFERENT MANUFACTURERS IN EXTERIOR INSULATION FINISH SYSTEMS OR THE FAILURE TO USE CODE APPROVED MATERIALS IN THESE SYSTEMS; TO AMEND SECTION 4011410, AS AMENDED, RELATING TO GENERAL CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS AND SECTION 405915, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, BOTH SO AS TO INCLUDE EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS INSTALLERS AND REPAIRERS AS A SUBCLASSIFICATION AND SPECIALTY, RESPECTIVELY; BY ADDING SECTION 405918 SO AS TO DEFINE EXTERIOR INSULATION FINISHING SYSTEMS FOR PURPOSES OF THE CHAPTER LICENSING AND REGULATING RESIDENTIAL HOME BUILDERS; TO AMEND SECTION 405977, AS AMENDED, RELATING TO CLASSIFICATION OF RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE QUALIFICATIONS FOR SUCH CONTRACTORS IN EXTERIOR LATH AND PLASTER AND EXTERIOR INSULATION FINISH SYSTEMS; TO AMEND SECTIONS 405990 AND 405995, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO SANCTIONS THAT MAY BE TAKEN AGAINST RESIDENTIAL HOME BUILDERS BY THE RESIDENTIAL BUILDERS COMMISSION AND THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO EXTEND THE AUTHORITY TO APPLY SANCTIONS FROM SECTION 401120 TO BOTH THE COMMISSION AND THE DIRECTOR; AND TO AMEND SECTION 4059200, RELATING TO HOME INSPECTIONS CONDUCTED BY LICENSED HOME INSPECTORS, SO AS TO INCLUDE FLASHING INSPECTIONS AND INSPECTION OF EXTERIOR INSULATION FINISHING SYSTEMS IN THE DEFINITION OF “HOME INSPECTION”.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S.1050 -- Senator Hayes: 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 10 SO AS TO DEFINE ALLTERRAIN VEHICLE, AND PROVIDE FOR THE REGISTRATION AND LICENSING OF ALLTERRAIN VEHICLES.
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Read the first time and referred to the Committee on Transportation.
S.1051 -- Senator Hutto: A BILL TO AMEND SECTION 56140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER’S LICENSE OR HAVE THEIR DRIVER’S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER’S LICENSE OR HAVE THEIR DRIVER’S LICENSE RENEWED, TO DEFINE “RESIDENT OF SOUTH CAROLINA” FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER’S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER’S LICENSE OR HAVE A DRIVER’S LICENSE RENEWED.
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Read the first time and referred to the Committee on Transportation.
S.1052 -- Senator Glover: A BILL 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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Read the first time and ordered placed on the Local and Uncontested Calendar.
H.4317 -- Reps.Altman, Talley and Campsen: A JOINT RESOLUTION ESTABLISHING THE MOTOR VEHICLE SERVICES PRIVATIZATION FEASIBILITY STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING THE COMMITTEE TO REPORT ITS FINDINGS WITH RECOMMENDATIONS, IF ANY, TO THE GENERAL ASSEMBLY AND GOVERNOR NO LATER THAN FEBRUARY 15, 2002.
Read the first time and referred to the Committee on Transportation.
H.4494 -- Rep.Lucas: A BILL TO AMEND SECTIONS 5631750 AND 5631760, BOTH AS AMENDED, AND SECTION 5631770, RELATING TO UNITED STATES MILITARY RESERVE SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT MORE THAN ONE LICENSE PLATE MAY BE ISSUED TO AN ACTIVE OR RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, THAT SUFFICIENT FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES MUST BE PLACED IN A RESTRICTED ACCOUNT AND USED TO DEFRAY THE EXPENSE OF PRODUCING THE LICENSE PLATES, THAT LICENSE PLATES ISSUED TO RETIRED MEMBERS OF THE UNITED STATES MILITARY RESERVE SHALL HAVE IMPRINTED ON THEM OR A DECAL AFFIXED TO THEM THE WORD “RETIRED” OR AN ABBREVIATION SELECTED BY THE DEPARTMENT, AND TO PROVIDE THAT IF A HOLDER OF THIS SPECIAL LICENSE PLATE CEASES TO BE A RETIRED MEMBER OF THE UNITED STATES MILITARY RESERVE, HE MUST RETURN THE SPECIAL LICENSE PLATE TO THE DEPARTMENT OF PUBLIC SAFETY.
Read the first time and referred to the Committee on Transportation.
H.4682 -- Rep.Harrison: A BILL TO AMEND SECTION 369109, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF THE UNIFORM COMMERCIAL CODE PROVISIONS GOVERNING SECURED TRANSACTIONS, SO AS TO MAKE PROVISIONS INAPPLICABLE TO A TRANSFER BY A GOVERNMENTAL UNIT AFTER JUNE 30, 2001, AND TO DELETE THE PREEMPTION OF THESE PROVISIONS GOVERNING SECURED TRANSACTIONS BY A STATUTE OF THIS STATE OR ANOTHER STATE OR FOREIGN COUNTRY.
Read the first time and referred to the Committee on Judiciary.
H.4758 -- Rep.Harrison: A BILL TO AMEND SECTION 401830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 401850 AND 401870, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON’S LOSS AS A RESULT OF A LICENSEE’S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE’S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 4018100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO BE USED TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK.
Read the first time and referred to the Committee on Judiciary.
H.4763 -- Rep.Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H.4782 -- Reps. Barrett, Webb, Trotter, Robinson and Rice: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO CHIEF LONNIE JO SAXON FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY IN THE AREA OF LAW ENFORCEMENT, AND WISHING HIM MUCH SUCCESS AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H.4784 -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLYSPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2002.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H.4785 -- Reps. Klauber, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, CobbHunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, MeachamRichardson, Merrill, Miller, MoodyLawrence, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION RECOGNIZING THE NATIONAL GUARD AND RESERVE AS ESSENTIAL TO THE STRENGTH AND WELL-BEING OF OUR NATION AND STATE, AND EXPRESSING DEEPEST APPRECIATION AND SUPPORT FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE.
The Concurrent Resolution was adopted, ordered returned to the House.
H.4789 -- Reps. Talley, Allison, Davenport, Lee, Littlejohn, Sinclair, W.D.Smith and Walker: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS DEEPEST APPRECIATION TO THE SPARTANBURG COUNTY FOUNDATION, ITS TRUSTEES, CONSTITUENTS, AND STAFF FOR ITS OUTSTANDING AND GENEROUS INVESTMENT IN OUR SCHOOLS, AND FOR THIS PIONEERING PUBLICPRIVATE PARTNERSHIP INVESTMENT IN OUR FUTURE THROUGH THE EDUCATION OF OUR YOUTH.
The Concurrent Resolution was adopted, ordered returned to the House.
H.4790 -- Reps. J.H.Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, J.Brown, R.Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, CobbHunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J.Hines, M.Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, MeachamRichardson, Merrill, Miller, MoodyLawrence, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C.Smith, F.N.Smith, G.M.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A.Young and J.Young: A CONCURRENT RESOLUTION TO CONGRATULATE VANESSA ALEXANDRA MENDOZA, OF UNGUIA, CHOCO, COLOMBIA, SOUTH AMERICA, UPON WINNING THE COVETED CROWN AND TITLE OF “MISS COLOMBIA” IN THE 20012002 MISS COLOMBIA BEAUTY PAGEANT, TO ESPECIALLY COMMEND HER ON BEING THE FIRST BLACK WOMAN TO BECOME “MISS COLOMBIA”, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
REPORTS OF STANDING COMMITTEES
Invitations Accepted
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA to attend a reception at the Adam's Mark Hotel on Wednesday, February 27, 2002, from 6:00 until 7:30 P.M.
Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0
AYES
CoursonMatthewsPatterson
O'DellMcGillWaldrep
AlexanderBauerPeeler
ElliottKuhn
TOTAL--11
NAYS
TOTAL--0
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOUTH CAROLINA COUNCIL OF ALCOHOL AND DRUG ABUSE AUTHORITIES to attend a breakfast drop-in at the Clarion Town House on Thursday, February 28, 2002, from 8:00 until 9:00 A.M.
Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0
AYES
CoursonMatthewsPatterson
O'DellMcGillWaldrep
AlexanderBauerPeeler
ElliottKuhn
TOTAL--11
NAYS
TOTAL--0
Message from the House
Columbia, S.C., February 21, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H.3107 -- Reps.Huggins, W.D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22315 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Message from the House
Columbia, S.C., February 21, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H.4475 -- Reps. Harrison, Lucas, Allison, Jennings, Lourie, Rodgers, J.E.Smith and Bingham: A BILL TO AMEND CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 20, SO AS TO REQUIRE BOARDS AND COMMISSIONS TO REPORT RESIGNATIONS AND VACANCIES AS WELL AS THE NAMES OF NEW MEMBERS TO THE SECRETARY OF STATE WITHIN TWO WEEKS OF THE APPOINTMENT, ELECTION, OR VACANCY; AND TO AMEND SECTION 1540, RELATING TO THE DUTIES OF THE SECRETARY OF STATE, SO AS TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN AS A PUBLIC RECORD THE INFORMATION RECEIVED FROM STATE BOARDS AND COMMISSIONS CONCERNING THEIR MEMBERSHIPS.