Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, lift up your hearts and hear the Psalmist when he said (07:1):   "The Lord reigneth; let the earth rejoice..."
Let us pray.

Father, we bring before You a very special prayer on behalf of the loved ones who have given daughters and sons in our Armed Forces. Some have already died and so many daily stand in harm's way.

Sustain them, dear Lord, with the blessed words "Come unto Me, all ye that labor and are heavy laden."
Amen!

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Calhoun County Master-in-Equity, with term to commence August 14, 2003, and to expire August 14, 2009

Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 2003, and to expire December 31, 2009

Charles B. Simmons, Jr., Suite 313, County Courthouse, Greenville, S.C. 29601

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Letonya T. Simmons, 27 Ashridge Way, Simpsonville, S.C. 29681 VICE Michael B. Abraham

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Darrell S. Fisher, 303 West Gap Creek Road, Greer, S.C. 29651 VICE Mildred T. Stokes (resigned)

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

Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Jesse A. McCall, 151 North Forest Circle, Marietta, S.C. 29661 VICE Bobby L. Morgan

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

At-Large

Darryl L. Lukie, P. O. Box 385, Ninety Six, S.C. 29666 VICE Willie S. Harrison (resigned)

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

At-Large

Debra B. Bryant, 125 Bryant Road, Estill, S.C. 29918

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Rodney A. Kinlaw, Route 1, Box 196-GH, Hardeeville, S.C. 29927

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Richard C. Lail, 1723 Broad River Road, Pomaria, S.C. 29126

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Thomas B. Abraham, 465 Buzhardt Road, Pomaria, S.C. 29126

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Arthur L. Jayroe, Jr., P.O. Box 95, Little Mountain, S.C. 29075

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

Joyce B. Shults, 120 South Main Street, Saluda, S.C. 29138

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

D. Bruce Horne, 378 Butler Road, Saluda, S.C. 29138

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

L. Daniel Malphrus, Jr., 608 Pine Street, Fort Mill, S.C. 29715 VICE Donald S. Tennyson

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Johnny H. Grayson, P. O. Box 537, Clover, S.C. 29710 VICE Edward H. Harvey

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Mandrile Jose Young, 2921 Sedona Place, Fort Mill, S.C. 29708 VICE Deborah D. McCullough

of the Day.

S. 760 (Word version) -- Senators Martin and Knotts: A BILL TO AMEND CHAPTER 43, TITLE 27 OF THE 1976 CODE BY ADDING SECTION 27-43-35 TO PROVIDE AN EASEMENT FOR THE RELATIVES AND DESCENDANTS OF ANY PERSON BURIED IN A CEMETERY FOR INGRESS AND EGRESS FOR THE PURPOSE OF VISITING THE CEMETERY.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 760.

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.

On motion of Senator RITCHIE, with unanimous consent, the names of Senators RITCHIE and LEATHERMAN were added as co-sponsors of S. 767.

On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 767.

S. 758 (Word version) -- Senators Hawkins, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 758.

The following were introduced:

S. 825 (Word version) -- Senators Leventis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.
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Read the first time and referred to the Committee on Finance.

S. 826 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 6-29-510 OF THE 1976 CODE BY ADDING AN APPROPRIATE SUBSECTION THAT REQUIRES LOCAL PLANNING COMMISSIONS TO INCLUDE IN THEIR BASIC PLANNING PROCESS A TRANSPORTATION ELEMENT THAT CONSIDERS FACILITIES, ROAD CONSTRUCTION, TRANSIT PROJECTS, AND PEDESTRIAN AND BICYCLE PROJECTS.
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Read the first time and referred to the Committee on Judiciary.

S. 827 (Word version) -- Senators McConnell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.
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Read the first time and referred to the Committee on Medical Affairs.

S. 829 (Word version) -- Senator McGill: A BILL TO PROVIDE THAT THE POWER TO LEVY THE ANNUAL MILLAGE NECESSARY TO FUND THE OPERATING AND CAPITAL EXPENSES OF WILLIAMSBURG COUNTY TECHNICAL EDUCATION COLLEGE IS TRANSFERRED FROM THE WILLIAMSBURG COUNTY SCHOOL BOARD OF TRUSTEES TO THE WILLIAMSBURG COUNTY COUNCIL AND TO REPEAL SECTION 7 OF ACT 632 OF 1980.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator McGILL, with unanimous consent, S. 829 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 830 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS TO THE OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR.
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Read the first time and referred to the Committee on Judiciary.

S. 831 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
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Read the first time and referred to the Committee on Transportation.

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator McGILL, with unanimous consent, S. 832 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 833 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 35-1-615 SO AS TO IMPOSE A ONE-DOLLAR SURCHARGE ON A SALE OF A SECURITY BY A BROKER-DEALER REGISTERED IN THIS STATE, AND TO PROVIDE THAT THE MONIES BE DEPOSITED IN THE GENERAL FUND.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 834 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908, 33-44-909, 33-44-910, 33-44-911, 33-44-912, 33-44-913, AND 33-44-914, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, CONVERSIONS OF A LIMITED LIABILITY COMPANY TO A CORPORATION, A LIMITED PARTNERSHIP, OR A PARTNERSHIP, RESPECTIVELY; BY ADDING SECTION 33-44-1208, SO AS TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A FOREIGN CORPORATION IS NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN THIS STATE; BY ADDING SECTION 36-8-307, SO AS TO REQUIRE THE TRANSFEROR OF A SECURITY FOR VALUE TO PROVIDE DOCUMENTATION NECESSARY FOR REGISTRATION OF THE SECURITY; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES PAYABLE TO THE SECRETARY OF STATE, SO AS TO INCLUDE FEES FOR FILING OF ARTICLES OF DOMESTICATION AND ARTICLES OF CONVERSION; TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, SO AS TO INCLUDE DEFINITIONS FOR "LIMITED PARTNERSHIP" AND "PARTNERSHIP"; TO AMEND SECTION 33-2-102, AS AMENDED, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT OF AN INITIAL ANNUAL REPORT; TO AMEND SECTION 33-4-104, AS AMENDED, RELATING TO THE FILING OF A NAME CHANGE BY A CORPORATION OWNING REAL PROPERTY, SO AS TO PROVIDE FOR FILING UPON THE CONVERSION OR DOMESTICATION OF A CORPORATION; TO AMEND SECTION 33-6-260, AS AMENDED, RELATING TO THE ISSUANCE OF CORPORATE SHARES WITHOUT A CERTIFICATE, SO AS TO REQUIRE A WRITTEN STATEMENT CONTAINING THE CERTIFICATION INFORMATION UPON THE ISSUE OR TRANSFER; TO AMEND SECTION 33-11-101, AS AMENDED, RELATING TO ENTITIES WITH WHICH A CORPORATION MAY MERGE, SO AS TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTIONS 33-11-105 AND 33-11-106, BOTH RELATING TO THE MERGER OF A SUBSIDIARY OF A CORPORATION AND THE EFFECT OF THE MERGER OR EXCHANGE OF STOCK, SO AS TO SUBSTITUTE "ENTITY" FOR "CORPORATION"; TO AMEND SECTION 33-13-102, AS AMENDED, RELATING TO A SHAREHOLDER'S RIGHT OF DISSENT AND PAYMENT UPON CERTAIN CORPORATE ACTIONS, SO AS TO DELETE A REFERENCE TO A NONPUBLIC CORPORATION AND TO PROVIDE FOR CONVERSION OF A CORPORATION INTO ANOTHER ENTITY; TO AMEND SECTION 33-14-107, RELATING TO UNKNOWN CLAIMS AGAINST A CORPORATION, SO AS TO INCREASE THE TIME FOR ENFORCING THE CLAIM TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO AMEND SECTION 33-14-200, AS AMENDED, AND SECTION 33-14-210, BOTH RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO THE STATE INCOME TAX PROVISIONS; TO AMEND SECTION 33-15-101, AS AMENDED, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS BY A CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO APPLICATION FOR A CERTIFICATE OF AUTHORITY FOR A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTIONS 33-15-300 AND 33-15-310, BOTH AS AMENDED, BOTH RELATING TO REVOCATION OF A CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO A STATE INCOME TAX PROVISION; TO AMEND SECTION 33-31-1101, RELATING TO THE MERGER OF A NONPROFIT CORPORATION AND THE MERGER OF A BUSINESS CORPORATION, SO AS TO PROVIDE FOR MERGERS WITH A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTION 33-42-1690, RELATING TO ACTIVITIES NOT CONSIDERED THE TRANSACTION OF BUSINESS BY A LIMITED PARTNERSHIP, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-208, RELATING TO CERTIFICATES OF EXISTENCE OR AUTHORITY OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE REFERENCES TO ITS MOST RECENT ANNUAL REPORT; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT ISSUES OF A LIMITED LIABILITY COMPANY REQUIRING CONSENT BY ALL MEMBERS, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 33-44-410, RELATING TO ACTIONS BY A MEMBER OF A LIMITED LIABILITY COMPANY SO AS TO PROVIDE FOR ACTIONS BY A MANAGER OF THE COMPANY; TO AMEND SECTION 33-44-801, AS AMENDED, RELATING TO EVENTS GIVING RISE TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE EFFECT OF AN AGREEMENT CHANGING THE STATUTORY PROVISIONS FOR THE PURCHASE OF A DISTRIBUTIONAL INTEREST; TO AMEND SECTION 33-44-806, RELATING TO DISTRIBUTING OF ASSETS IN THE WINDING UP OF THE BUSINESS OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT THE DISTRIBUTION TO MEMBERS ACCORD WITH THEIR POSITIVE CAPITAL ACCOUNT BALANCES; TO AMEND SECTION 33-44-809, RELATING TO GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE REQUIREMENT FOR AN ANNUAL REPORT FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-903, RELATING TO THE EFFECT OF CONVERSION OF AN ENTITY TO A LIMITED LIABILITY COMPANY, SO AS TO REQUIRE A FILING GIVING NOTICE OF THE NAME CHANGE IF THE ENTITY OWNS REAL PROPERTY IN THIS STATE; TO AMEND SECTION 33-44-905, RELATING TO ARTICLES OF MERGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR A FOREIGN ENTITY AS A MERGING OR SURVIVING ENTITY OF THE MERGER; TO AMEND SECTION 33-44-1003, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS IN THIS STATE BY A FOREIGN CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-1006, RELATING TO REVOCATION OF THE AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT OF FILING AN ANNUAL REPORT WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-1204, RELATING TO FEES COLLECTIBLE BY THE SECRETARY OF STATE FROM A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE FEE FOR FILING AN ANNUAL REPORT; TO AMEND SECTION 38-90-20, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE LICENSING FOR OPERATION WITHIN THE STATE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE ACTS IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 12-20-40, RELATING TO INITIAL FILINGS WITH THE SECRETARY OF STATE BY A CORPORATION, SO AS TO INCLUDE A DOMESTICATING CORPORATION; AND TO REPEAL SECTION 33-14-410, RELATING TO ACTIONS AND JUDGMENTS AGAINST SHAREHOLDERS OF DISSOLVED CORPORATIONS, SECTION 33-44-211, RELATING TO FILING OF AN ANNUAL REPORT BY A FOREIGN OR DOMESTIC LIMITED LIABILITY COMPANY, AND SECTIONS 39-13-10 THROUGH 39-13-40, RELATING TO NAMES OF BUSINESS ESTABLISHMENTS.
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Read the first time and referred to the Committee on Judiciary.

S. 835 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS GENERALLY, INCLUDING THE EXEMPTION FOR THE SALE OF PRESCRIPTION MEDICINES USED IN THE TREATMENT OF CANCER AND RELATED DISEASES, SO AS TO EXTEND THIS EXEMPTION TO THE SALE OF PRESCRIPTION MEDICINES USED IN THE TREATMENT OF RHEUMATOID ARTHRITIS.
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Read the first time and referred to the Committee on Finance.

S. 836 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 837 (Word version) -- Senator Rankin: A JOINT RESOLUTION TO PROVIDE THE PROCEEDS FROM THE SALE OF ANY SURPLUS REAL PROPERTY IDENTIFIED BY THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST BE RETAINED BY SANTEE COOPER AND USED FOR ITS PURPOSES AND NOT TRANSFERRED TO THE STATE OF SOUTH CAROLINA TO HELP ALLEVIATE STATE BUDGET SHORTFALLS, TO PROVIDE THAT ANY OTHER USE OF THESE PROCEEDS MUST BE EXPRESSLY APPROVED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT, IF THE PROCEEDS FROM SUCH SALES HAVE BEEN USED OR DISTRIBUTED IN VIOLATION OF THIS RESOLUTION, THESE PROCEEDS MUST BE RETURNED TO THE PUBLIC SERVICE AUTHORITY AND USED IN THE MANNER REQUIRED BY THIS JOINT RESOLUTION, AND TO PROVIDE THAT ANY RESOLUTION OR PARTS OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY CONTRARY TO THE REQUIREMENTS OF THIS JOINT RESOLUTION IS NULL AND VOID.
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Senators RANKIN and RICHARDSON spoke on the Resolution.

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

H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.

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

H. 4497 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN A JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 2004, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

H. 4498 (Word version) -- Reps. Huggins and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE JESSICA DIANE EDDINS FOR HER WONDERFUL REIGN AS MISS SOUTH CAROLINA 2003 AND WISH HER EVERY SUCCESS IN THE FUTURE AS HER REIGN COMES TO A CLOSE.

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

H. 4499 (Word version) -- Rep. G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE STEPHEN THOMPSON OF SIMPSONVILLE FOR HIS DEDICATION AND ACCOMPLISHMENTS IN THE FIELD OF KARATE AND THE MARTIAL ARTS AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.

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

H. 4500 (Word version) -- Reps. Wilkins, Cato, Cooper, Dantzler, Duncan, Jennings, Leach, J. M. Neal, Ott, Rhoad, Sandifer, Sheheen, Skelton, Snow, Stewart, Townsend, Umphlett, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2003 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2003 CHICK-FIL-A PEACH BOWL.

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

H. 4501 (Word version) -- Reps. Wilkins, Cato, Cooper, Dantzler, Duncan, Jennings, Leach, J. M. Neal, Ott, Rhoad, Sandifer, Sheheen, Skelton, Snow, Stewart, Townsend, Umphlett, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rice, Richardson, Rivers, Rutherford, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY ON THE OCCASION OF BEING NAMED THE 2003 ACC COACH OF THE YEAR FOR THE SECOND TIME IN HIS FIVE-YEAR CAREER AT CLEMSON.

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

H. 4502 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. LURIE FOSTER FOR HIS DEDICATION TO THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH AND FOR HIS FIFTY-ONE YEARS OF CONTINUOUS SERVICE AS THE SANTA CLAUS FOR THE DEPARTMENT OF MENTAL HEALTH.

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

H. 4505 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. DEEPAL S. ELIATAMBY, P.E., FOR HIS CONTINUED SERVICE TO HIS COMMUNITY AND THE STATE THROUGH HIS EXPERTISE IN CIVIL ENGINEERING AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

H. 4515 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND DR. WILLIAM F. "TED" YOUNG OF SUMTER ON RECEIVING THE PRESTIGIOUS 2003 CAREER ACHIEVEMENT AWARD FROM THE SOUTH CAROLINA CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS HONORING HIS SIGNIFICANT CONTRIBUTIONS IN PEDIATRICS AND CHILD CARE IN SOUTH CAROLINA.

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

H. 4516 (Word version) -- Reps. G. M. Smith, Weeks, Coates, G. Brown, J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. 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, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE WILSON HALL "BARONS" FOOTBALL TEAM OF SUMTER COUNTY ON ITS VICTORY IN THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA STATE CHAMPIONSHIP GAME.

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

H. 4533 (Word version) -- Reps. Owens, Rice, Leach and Skelton: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO PROVIDE THAT THE FLAGS WHICH FLEW OVER THE STATE HOUSE ON JANUARY 10, 2004, SHALL BE GIVEN TO PRESBYTERIAN COLLEGE IN HER HONOR.

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

H. 4535 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND REVEREND T.E. SIMMONS, M. DIV., OF GREENVILLE COUNTY FOR TWENTY YEARS OF CHRISTIAN SERVICE AS PASTOR OF REEDY FORK MISSIONARY BAPTIST CHURCH IN THE TOWN OF SIMPSONVILLE, AND TO WISH HIM AND HIS CONGREGATION CONTINUED GROWTH IN NUMBERS AND GOD'S GRACE.

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

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

S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3826 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SC 176 BETWEEN SPARTANBURG AND UNION, WEST MAIN STREET WEST OF THE TOWN OF PACOLET IN SPARTANBURG COUNTY IN HONOR OF VOIGT MILTON EPTING FOR HIS DEDICATION TO EDUCATING THE YOUNG PEOPLE OF THE STATE AND INSTALL APPROPRIATE MARKERS OR SIGNS DENOTING THE "VOIGT MILTON EPTING INTERSECTION".

Senator RYBERG asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator RYBERG asked unanimous consent to adopt the Resolution and order the Resolution returned to the House.

There was no objection.

Columbia, S.C., January 16, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Reappointment, Calhoun County Master-in-Equity, with term to commence August 14, 2003, and to expire August 14, 2009

Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
asks for a Committee of Conference, and has appointed Reps. Coleman, Lucas and G. M. Smith to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.

Whereupon, Senators PEELER, MOORE and KUHN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.

The House returned the Bill with amendments.

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

There was no objection.

Senator MARTIN proposed the following amendment (JUD0466.004), 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 44-48-10.   This chapter is known and may be cited as the 'Sexually Violent Predator Act'.

Section 44-48-20.   The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeat repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly determines has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed involuntarily-committed sexually violent predators in secure facilities separated separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

Section 44-48-30.   For purposes of this chapter:

(1)   'Sexually violent predator' means a person who:

(a)   has been convicted of a sexually violent offense; and

(b)   suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(2)   'Sexually violent offense' means:

(a)   criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(b)   criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(c)   criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(d)   criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);

(e)   criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);

(f)   engaging a child for a sexual performance, as provided in Section 16-3-810;

(g)   producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(h)   assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(i)     incest, as provided in Section 16-15-20;

(j)     buggery, as provided in Section 16-15-120;

(k)   committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;

(l)     violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;

(m)   accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(n)   attempt to commit an offense enumerated in this item as provided by Section 16-1-80; or

(o)   any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.

(3)   'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.

(4)   'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.

(5)   'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

(6)   'Convicted of a sexually violent offense' means a person has:

(a)   pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;

(b)   been adjudicated delinquent as a result of the commission of a sexually violent offense;

(c)   been charged but determined to be incompetent to stand trial for a sexually violent offense;

(d)   been found not guilty by reason of insanity of a sexually violent offense; or

(e)   been found guilty but mentally ill of a sexually violent offense.

(7)   'Court' means the court of common pleas.

(8)   'Total confinement' means incarceration in a secure state or local correctional facility, and does not mean any type of community supervision.

(9)   'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.

(10)   'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.

(11)   'Victim' means an individual registered with the agency of jurisdiction as a victim or as an intervenor.

(12)   'Intervenor' means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.

Section 44-48-40.   (A)   When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least ninety one hundred-eighty days before:

(1)   the persons anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety one hundred-eighty days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;

(2)   the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;

(3)   the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or

(4)   release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.

(B)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall is be subject to the provisions of this chapter even though the person has been released on parole or conditional release.

(C)   The agency with jurisdiction shall must inform the multidisciplinary team, the victim, and the Attorney General of:

(1)   the person's name, identifying factors, anticipated future residence, and offense history; and

(2)   documentation of institutional adjustment and any treatment received.

(D)   The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.

Section 44-48-50.   The Director of the Department of Corrections shall must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:

(1)   a representative from the Department of Corrections;

(2)   a representative from the Department of Probation, Parole, and Pardon Services;

(3)   a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4)   a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

(5)   the Chief Attorney of the Office of Appellate Defense or his designee an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.

The Director of the Department of Corrections or his designee appointed pursuant to item (1) shall be the chairman of the team.

Section 44-48-60.   The Attorney General shall must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall must include, but is not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall must also consider information provided by the circuit solicitor who prosecuted the person.

Section 44-48-70.   When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, shall must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.

Section 44-48-80.   (A)   Upon filing of a petition, the court shall must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.

(B)   Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall must:

(1)   verify the detainee's identity;

(2)   receive evidence and hear argument arguments from the person and the Attorney General; and

(3)   determine whether probable cause exists to believe that the person is a sexually violent predator.

The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.

(C)   At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:

(1)   to be represented by counsel;

(2)   to present evidence on the person's behalf;

(3)   to cross-examine witnesses who testify against the person; and

(4)   to view and copy all petitions and reports in the court file.

(D)   If the probable cause determination is made, the court shall must direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.

Section 44-48-90.   Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall must conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall must schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall must appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.

Section 44-48-100.   (A)   The court or jury shall must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall must direct the person's release. Upon a mistrial, the court shall must direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.

(B)   If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall must enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.

Section 44-48-110.   A person committed pursuant to this chapter shall must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall must conduct an annual hearing to review the status of the committed person. The committed person shall is not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall must contain a waiver of rights. The director shall must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General shall must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.

Section 44-48-120.   If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall must authorize the person to petition the court for release. The petition shall must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding. The court, upon receipt of the petition for release, shall must order a hearing within thirty days. The Attorney General shall must represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.

Section 44-48-130.   Nothing in this chapter shall prohibit prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large continued to be a threat and, if released, would commit acts of sexual violence, then the court shall must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall must deny the petition without a hearing.

Section 44-48-140.   In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.

Section 44-48-150.   Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.

Section 44-48-160.   A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.

Section 44-48-170.   The involuntary detention or commitment of a person pursuant to this chapter shall must conform to constitutional requirements for care and treatment."

SECTION   2.   This act takes effect upon approval by the Governor, except that the provisions in Sections 44-48-40(A), changing the time period for written notice from ninety days to one hundred-eighty days, take effect six months after the signature of the Governor.   /.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Senator HUTTO proposed the following amendment (MS\ 7065AHB04), which was adopted:

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

/ SECTION____.   Section 56-1-460 of the 1976 Code, as last amended by Act 263 of 2002, is further amended to read:

"Section 56-1-460.   (A)(1)   Except as provided in subitem (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a)   for a first offense, fined two three hundred dollars or imprisoned for thirty days, or both;

(b)   for a second offense, fined five six hundred dollars or imprisoned for sixty consecutive days, or both; and

(c)   for a third and subsequent offense, fined one thousand dollars and imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem may be tried in magistrate's court.

(2)   A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

(a)   for a first offense, fined three hundred dollars or imprisoned for not less than ten nor more than thirty days;

(b)   for a second offense, fined six hundred dollars or imprisoned for not less than sixty days nor more than six months;

(c)   for a third and subsequent offense, fined one thousand dollars and imprisoned for not less than six months nor more than three years.

No portion of the minimum sentence imposed under this subitem may be suspended.

(B)   The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

(C)   One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

The House returned the Bill with amendments.

On motion of Senator MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

The House returned the Bill with amendments.

On motion of Senator VERDIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

S. 801 (Word version) -- Senators Martin, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN KIMBERLY HAMPTON OF EASLEY, SOUTH CAROLINA, ON FRIDAY, JANUARY 2, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 804 (Word version) -- Senators Fair, Grooms, Pinckney, McConnell, Mescher, Branton, Ravenel, Ford and Kuhn: A CONCURRENT RESOLUTION TO COMMEND THE FACULTY AND STUDENTS OF C.C. BLANEY ELEMENTARY SCHOOL IN CHARLESTON COUNTY ON THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

The following Bill and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

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

Senator ALEXANDER proposed the following amendment (JUD3617.003), which was adopted:

Amend the bill, as and if amended, page 2, line 4, in Section 32-7-60(B), as contained in SECTION 1, by striking line 4 in its entirety and inserting therein the following:

/   The maximum amount of the service charge to be allocated to the Preneed Funeral Loss Reimbursement Fund contract as required by Section 32-7-50(C)(2) must not exceed the amount of five dollars per each preneed contract. The maximum amount of the fund is to be five hundred thousand     /.

Amend the bill further, as and if amended, page 4, beginning on line 33, by striking SECTION 3 in its entirety and inserting therein the following:

/   SECTION   3.   Section 32-7-50 of the 1976 Code is amended to read:

"Section 32-7-50.   (A)   No person may, without Without first securing a license from the board a license, a person may not accept or hold payments made on a preneed funeral contract, except financial institutions.

(1)   The State Board of Funeral Service must revoke the license of a funeral home or funeral director, or both, if the funeral home or funeral director: (a) accepts funds for a preneed funeral contract or other prepayment of funeral expenses without a license to sell preneed funeral contracts, or (b) is licensed to sell preneed funeral contracts and fails to deposit the funds collected in trust in a federally insured account as required by Section 32-7-20(H).

(2)   Application for a license must be in writing, signed by the applicant and duly verified on forms furnished by the board. Each application must contain at least the following: the full name and address, (both residence and place of business), of the applicant, and every member, officer, and director of it if the applicant is a firm, partnership, association, or corporation. Any A license issued pursuant to the application must be is valid only at the address stated in the application for the applicant or at a new address approved by the board.

(3)   If a licensee cancels the license and later applies for a new license, the board must investigate the applicant's books, records, and accounts to determine if the applicant violated the provisions of this chapter during the time he did not have a license.

(B)   Upon receipt of the application, a one-time payment of a license fee, and the deposit in an amount to be determined by the board of such the security or proof of financial responsibility as the board may determine, the board shall issue a license unless it determines that the applicant has made false statements or representations in the application, or is insolvent, or has conducted his business in a fraudulent manner, or is not duly authorized to transact business in this State, or if, in the judgment of the board, the applicant should be denied a license for some other good and sufficient reason.

(C)   A person selling a preneed funeral contract shall collect from each purchaser a service charge in an amount to be established by the board, and all fees collected must be remitted by the person collecting them to the board at least once each month, and these funds must be used by the board in administering the provisions of this chapter.

(1)   With the fees collected, the person also must provide the board with a listing of each contract sold. If the listing or fees collected are not sent to the board within sixty days of the last day of the month when the contract was sold, the board must assess a civil penalty of ten dollars for each contract not reported to the board. The monies collected as civil penalties must be deposited in the Preneed Funeral Loss Reimbursement Fund. Upon its own initiative or upon complaint or information received, the board must investigate a person's books, records, and accounts if the board has reason to believe that fees are being collected and either not remitted or not timely remitted.

(2)   The service charge for each contract must not exceed a total of thirty dollars, twenty-five dollars for the board to use in administering the provisions of this chapter and five dollars to be allocated to the Preneed Funeral Loss Reimbursement Fund.

(3)   The board must keep a record of each preneed funeral contract for which it receives a service charge."

Amend the bill further, as and if amended, page 5, line 10, by adding the following appropriately numbered SECTIONS to read:

/   SECTION   ___.   Section 32-7-20(G) of the 1976 Code is amended to read:

"(G)   All contracts must contain:

(1)   the name and Funeral Service License Number of the provider and seller; and

(2)(a)   a detachable form listing the name and Funeral Service License Number of the provider and seller, the name and address of the purchaser, the contract's purchase price, the address of the State Board of Financial Institutions, and the following statement in bold type:

'THE PROVIDER AND SELLER MUST REMIT THE SERVICE CHARGE AND SEND A RECORD OF THIS CONTRACT SALE TO THE STATE BOARD OF FINANCIAL INSTITUTIONS. IF THE BOARD HAS NOT SENT YOU CONFIRMATION OF RECEIPT OF THE SERVICE CHARGE AND RECORD OF SALE WITHIN SIXTY DAYS AFTER YOU SIGNED THE CONTRACT, RETURN THIS FORM TO THE BOARD AT THE ADDRESS INDICATED.'

(b)   The board must notify each purchaser within ten days of receipt of a service charge and record of contract sale from the provider and seller. If the board receives a form from a purchaser and has not received the service charge and record of sale from the provider and seller, the board must investigate the provider's and seller's books, records, and accounts to determine if a violation of this chapter has occurred."

SECTION   ___.   Section 32-7-70 of the 1976 Code is amended to read:

"Section 32-7-70.   (A)   The provider shall must keep accurate accounts, books, and records in this State of all transactions, copies of all agreements, dates, and amounts of payments made and accepted on them, the names and addresses of the contracting parties, the persons for whose benefit funds are accepted, and the names of the depositories of the funds. The provider shall must make all books and records pertaining to the trust funds available to the board for examination.

(B)   The board may at any reasonable time and must at least once every two years investigate the books, records, and accounts of the each provider with respect to its trust funds and for that purpose may require the attendance of and examine under oath all persons whose testimony it may require. The board must investigate a provider's books, records, and accounts if the board has reason to believe or has received a complaint alleging that the provider has violated the provisions of this chapter."

SECTION   ___.   Section 32-7-110 of the 1976 Code is amended to read:

"Section 32-7-110.     (A)   The board shall enforce the provisions of this chapter and has the power to make investigations, subpoena witnesses and documents, require audits and reports, and conduct hearings as to violations of any provisions, and to promulgate such regulations as are necessary to carry out the provisions of this chapter.

(B)   Upon its own initiative or upon receipt of a complaint, the board must investigate any funeral home, funeral director, individual, or business the board has reason to believe is acting as a provider without a license. In order to conduct its investigation, the board must review the books, records, and accounts of: (1) any funeral home or funeral director licensed by the State Board of Funeral Service even if the funeral home or funeral director is not licensed to sell preneed funeral contracts, or (2) any individual or business the board has reason to believe is acting as a provider without a license. If the board discovers that a violation of this chapter has occurred by any funeral home, funeral director, individual, or business that is not licensed to sell preneed funeral contracts, the board must report the violation to the State Board of Funeral Service or to the Attorney General, a circuit solicitor, or an appropriate law enforcement agency."

SECTION   ___.   Section 40-19-110(3) of the 1976 Code is amended to read:

"(3)   soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;"

SECTION   ___.   Section 40-19-290 of the 1976 Code, as last amended by Act 322 of 2002, is further amended to read:

"Section 40-19-290.   (A)   The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.

(B)   Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.

(C)   A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure with each piece of funeral merchandise stating the price of the merchandise.

(D)   The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:

(1)   the price of the service that the persons have selected and what is included in the service;

(2)   the price of each of the supplemental items of service and merchandise requested;

(3)   the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and

(4)   the method of payment.

(E)   All payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered for use as provided in the contract in accordance with the sales agreement. Upon its own initiative or upon receipt of a complaint, the State Board of Financial Institutions must undertake investigations; review the books, records, and accounts of any establishment licensed under this chapter; subpoena witnesses; require audits and reports; and conduct hearings to determine if payments are being received in violation of the provisions of Chapter 7 of Title 32."

SECTION   ___.   On July 1, 2006, the powers and duties of the State Board of Financial Institutions relating to preneed contracts and installment plans pursuant to Chapter 7 of Title 32 and Section 40-19-290 are hereby transferred to the Department of Consumer Affairs unless the General Assembly prior to that date provides otherwise.   /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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.

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

S. 741 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO RESIDENTIAL CARE FACILITY ADMINISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2829, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER explained the Joint Resolution.

S. 743 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO BUSINESS ENTERPRISE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2832, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER explained the Joint Resolution.

The following Bills were recommitted to the designated committees:

S. 98 (Word version) -- Senators Mescher, Ritchie, Ravenel and Reese: A BILL TO AMEND SECTION 23-6-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PERSONS, CORPORATIONS, OR GOVERNMENTAL SUBDIVISIONS TO PROVIDE SERVICES.

On motion of Senator RYBERG, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

H. 3538 (Word version) -- Reps. Townsend, Gilham, J.M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W.D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons, Barfield, Simrill, Mahaffey and Edge: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.

On motion of Senator RYBERG, with unanimous consent, the Bill was recommitted to the Committee on Transportation.

S. 823 (Word version) -- Senators Knotts, Cromer, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A NEWLY CONSTRUCTED ROAD IN LEXINGTON COUNTY WHICH CONNECTS SOUTH CAROLINA HIGHWAY NO. 1 TO SOUTH CAROLINA HIGHWAY NO. 6 AROUND THE NEWLY CONSTRUCTED LEXINGTON COUNTY COURTHOUSE "MYERS WAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE NEWLY CONSTRUCTED ROAD.

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

S. 824 (Word version) -- Senators McConnell, Moore, Ritchie, J. Verne Smith, O'Dell, Ryberg and Ford: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 4, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUSTICE OF THE SUPREME COURT, SEAT 1, WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2004, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2004; AND TO ELECT THE SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 2004.

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

H. 4073 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAYS 21 AND 78 BYPASS IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 IN HONOR OF EARL MIDDLETON, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "EARL MIDDLETON HIGHWAY".

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

H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator RANKIN proposed the following amendment (GJK\ 20836SD04), which was withdrawn:

Amend the joint resolution, as and if amended, by striking Section 2 and inserting:

/   SECTION   2.   A statewide nonbinding referendum must be held at the time of the 2004 general election to ascertain the wishes of the qualified electors of this State as to whether the State of South Carolina should have a uniform starting date for all public schools not before Labor Day of each year. The State Election Commission shall place the question contained in Section 2 on the general election ballot in November 2004. The state election laws shall apply to this referendum, mutatis mutandis. The State Board of Canvassers shall certify the results of the referendum to the Governor, the Speaker of the House, and the President of the Senate.

SECTION   3.   The question put before the qualified electors at the 2004 referendum must read as follows:

"Do you favor the State of South Carolina establishing a uniform starting date for all public schools not before Labor Day of each year?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   4.   This joint resolution takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

On motion of Senator RANKIN, with unanimous consent, Amendment No. 1 was withdrawn.

Senator RANKIN objected to further consideration of the Joint Resolution.

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

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 (JUD3223.003), which was withdrawn:

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

/   SECTION   1.   Section 12-21-1010(5) of the 1976 Code is amended to read:

"(5)   The phrase 'domestic wine' shall mean wine manufactured wholly within the State primarily from fruits and berries produced within the State (Reserved);"

SECTION   2.   The first paragraph of Section 61-2-80 of the 1976 Code, as last amended by an unnumbered act not yet ratified (S. 228), is further amended to read:

"The State, having pre-empted the area of alcoholic beverage regulation, hereby declares through the department, is to be the sole and exclusive authority empowered to regulate the operation of all retail and wholesale locations authorized to sell beer, wine, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title."

SECTION   3.   Chapter 2 of Title 61 of the 1976 Code is amended by adding:

"Section 61-2-135.   When a person licensed to sell alcoholic liquor or beer and wine moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department."

SECTION   4.   Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-280.   (A)   A retailer of beer, wine, or alcoholic liquors shall not pay a wholesaler of beer, wine, or alcoholic liquors with a check that is not later honored by the bank. An error by the financial institution in failing to honor the check is a complete defense to a violation of this section.

(B)   Upon receipt by a wholesaler of a check that is not honored by the bank, the wholesaler shall notify the retailer in writing, and give the retailer at least fifteen days to satisfy the dishonored check.

(C)   If the retailer fails to satisfy the dishonored check within fifteen days of notice, the wholesaler shall notify the department, and all other beer, wine, or alcoholic liquor wholesalers selling beer, wine, or liquor in the area where the retailer is located. This notification must be made by the wholesaler within ten days after expiration of the fifteen-day grace period allowed for the retailer to satisfy the dishonored check. The department shall issue an administrative violation against the permit or license of any retailer who fails to satisfy a dishonored check within the fifteen-day grace period. Other wholesalers shall not accept a check from the offending retailer for a period of ninety days from the date the check was dishonored by the bank.

(D)   For a violation of a provision of this section, the department may revoke or suspend the retailer's permit or license. The department must also assess a monetary penalty of two hundred fifty dollars for a violation of this section, and retain that penalty to offset the expenses of enforcing this section. If a person is found guilty of violating this section, the Administrative Law Judge Division shall not suspend or reduce any portion of the mandatory two-hundred-fifty-dollar penalty."

SECTION   5.   Section 61-4-120 of the 1976 Code is amended to read:

"Section 61-4-120.   It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict with this section are unenforceable."

SECTION   6.   Section 61-4-510(A) of the 1976 Code is amended to read:

"(A)   In counties or municipalities where temporary off-premises beer and wine permits are specifically authorized to be issued pursuant to Section 61-6-2010, in lieu of the retail permit fee required pursuant to Section 61-4-500, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-4-120, 61-4-130, and 61-4-140. The annual fee for this special retail permit is one thousand dollars."

SECTION   7.   Section 61-4-1510 of the 1976 Code is amended to read:

"Section 61-4-1510.   Before a person constructs, maintains, or operates a brewery or winery under as provided by the provisions of this article, the person must apply to the department for a permit. The application must be in writing in a form the department prescribes. Except as otherwise provided in this section, the applicant must pay a biennial permit tax of two hundred dollars upon each brewery and on each commercial winery to be established and operated. The permit tax must be paid to and collected by the department before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises must pay a permit fee of ten dollars biennially. Permits under as provided by the provisions of this section expire December biennially as mandated by Section 61-2-120. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer who begins business during one of these intervals must pay for the eighth of the permit period in which business is begun and for the eighth of the permit period during the remainder of the period. No refund may be made to a dealer who ceases business after obtaining a permit."

SECTION   8.   Section 61-6-500 of the 1976 Code is amended to read:

"Section 61-6-500.   (A)   Notwithstanding any other provision of law, a permit not to exceed seventy-two hours to the authorities in charge of a publicly-owned auditorium, coliseum, or armory may allow the possession and consumption of beer, wine, and alcoholic liquors must be issued upon request to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. This permit is for the benefit of any person leasing or otherwise lawfully using the subject on their premises.

(B)   It is unlawful for a person to possess or consume beer, wine, or alcoholic liquors on the premises of a publicly-owned auditorium, coliseum, or armory unless the authorities in charge specifically have approved the possession or consumption of those beverages. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."

SECTION   9.   Section 61-6-1510 of the 1976 Code is amended to read:

"Section 61-6-1510.   A retail dealer must maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building, except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.

Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.

A sign not to exceed thirty-six inches in diameter may be attached to the front of the building or may be suspended from the front of the building. The words "ABC Package Store", the owner's name, and license number may appear on the sign. Letters must be white with a red background, must be no more than six inches high, and must be no more than four inches wide. A retail dealer may attach to his store one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words "ABC Package Store" in black letters. No other letters or symbols may be placed on this sign.

Retail dealers may place signs containing the words "ABC Package Store" in shopping center directories as long as the signs are the same size as those listing other stores in the directory.

A retail dealer may place one sign not exceeding three feet by three feet off his licensed premises. This sign may only be white, and may only contain the words "ABC Package Store" in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.

A retail dealer may place a reasonable number of signs on his licensed premises indicating the designated parking for his licensed premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words "ABC Package Store Parking" in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.

Except as provided in Sections 61-6-1520 and 61-6-1530, signs by retail dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.

Retail dealers are prohibited from using in an advertisement for alcoholic liquor or wine a subject matter, language, or slogans addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquor or wine."

SECTION   10.   Section 61-6-1600 of the 1976 Code is amended to read:

"Section 61-6-1600.   (A)   Nonprofit organizations A nonprofit organization which are is licensed by the department under pursuant to the provisions of this article may sell alcoholic liquors in minibottles. Members or guests of members of these organizations A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.

(B)   An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."

SECTION   11.   Section 61-6-1610(B) of the 1976 Code is amended to read:

"(B)   Notwithstanding any other provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in the area."

SECTION   12.   Section 61-6-1610 of the 1976 Code is amended by adding:

"(D)   Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license."

SECTION   13.   The introductory paragraph of Section 61-6-2010(B)(1) of the 1976 Code, as last amended by Act 353 of 2002, is further amended to read:

"(B)(1)   The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:"

SECTION   14.   Section 61-6-2010(C)(1) of the 1976 Code is amended to read:

"(C)(1)   Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows be one of the following:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'"

SECTION   15.   Section 61-6-4010 of the 1976 Code is amended to read:

"Section 61-6-4010.   (A)   Except in accordance with the provisions of this title, it It is unlawful for a person to:

(1)   manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except liquors acquired in a lawful manner and except in accordance with the provisions of this title; or

(2)   accept, receive, or have in possession alcoholic liquors for unlawful use pursuant to the provisions of this title.

(B)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)(1)   for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b)(2)   for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c)(3)   for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years."

SECTION   16.   Section 61-6-4170 of the 1976 Code is amended to read:

"Section 61-6-4170.   (A)   It is unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets by using any subject matter, language, or slogan addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquors. These advertisements must be immediately destroyed by peace officers upon discovery.

(B)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)(1)   for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(b)(2)   for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(c)(3)   for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."

SECTION   17.   Section 12-21-1040 of the 1976 Code is repealed.

SECTION   18.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the committee amendment.

On motion of Senator RITCHIE, with unanimous consent, the committee amendment was withdrawn.

The question then was the third reading of the Bill.

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

H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

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

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

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

S. 724 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2783, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

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

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

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-2A (DKA\3469DW003) proposed by Senators MARTIN, KNOTTS, J. VERNE SMITH and O'DELL.

Senator MARTIN was recognized.

Senator MARTIN asked unanimous consent to take up Amendment No. 15 for immediate consideration.

There was no objection.

Senators McCONNELL, J.VERNE SMITH, MARTIN and O'DELL proposed the following amendment (3448R012.GFM):

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

/     TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

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

SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:

" Section 41-1-110.It is the public policy of this state that:

(1)   The employment-at-will doctrine applies to the relationship between an employee and an employer.

(2)   As used herein, the term `employment-at-will doctrine' is specifically defined as the right of an employer or an employee to unilaterally terminate an employment relationship with or without notice to the other and with or without cause. If an employee or an employer terminates an employment relationship under the employment-at-will doctrine, then neither party will be liable to the other for any claim for wrongful termination based on breach of contract, breach of the implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.

(3)   No handbook, policy, procedure, or other document issued by an employer or its agent may form an express or implied contract of employment, except as described in subitem (4).

(4)   For contracts created effective date of this section, an employee and an employer may enter into a contract of employment to which subitem (2) does not apply only if:

(a)   the contract is in writing;

(b)   the contract is dated;

(c)   the contract is signed by the employee and either the owner, president, chief administrative officer, manager, or employee who has actual or apparent authority to bind the employer. However, an owner, president or chief administrative officer may revoke a contract signed by a manager or employee with apparent authority within fourteen calendar days of actual knowledge of the execution of the contract unless there was fraud by the manager or employee with apparent authority; and

(d)   the contract expressly provides that the parties intend to alter their at-will employment relationship.

(5)   Nothing in this section shall affect the operation of a grievance procedure adopted by an employer and promulgated in an employee handbook. As used herein, a grievance procedure is a formal written process through which an employee may request internal review of an adverse employment decision."           /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

At 3:01 P.M., Senator THOMAS assumed the Chair.

Senator PATTERSON resumed arguing contra to the adoption of the amendment.

With Senator PATTERSON retaining the floor, Senator HUTTO asked unanimous consent to make a motion to carry over this matter in the status of Interrupted Debate.

On motion of Senator HUTTO, with unanimous consent, the motion was withdrawn.

At 3:03 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed two minutes.

At 3:14 P.M., the Senate resumed.

Senator MARTIN was recognized on H. 3448.

On motion of Senator MARTIN, debate was adjourned on H. 3448.

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

Reappointment, Calhoun County Master-in-Equity, with term to commence August 14, 2003, and to expire August 14, 2009

Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135

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

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 2003, and to expire December 31, 2009

Charles B. Simmons, Jr., Suite 313, County Courthouse, Greenville, S.C. 29601

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Letonya T. Simmons, 27 Ashridge Way, Simpsonville, S.C. 29681 VICE Michael B. Abraham

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Darrell S. Fisher, 303 West Gap Creek Road, Greer, S.C. 29651 VICE Mildred T. Stokes (resigned)

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

Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239

Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Jesse A. McCall, 151 North Forest Circle, Marietta, S.C. 29661 VICE Bobby L. Morgan

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

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

At-Large

Darryl L. Lukie, P. O. Box 385, Ninety Six, S.C. 29666 VICE Willie S. Harrison (resigned)

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

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

At-Large

Debra B. Bryant, 125 Bryant Road, Estill, S.C. 29918

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

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Rodney A. Kinlaw, Route 1, Box 196-GH, Hardeeville, S.C. 29927

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

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Richard C. Lail, 1723 Broad River Road, Pomaria, S.C. 29126

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Thomas B. Abraham, 465 Buzhardt Road, Pomaria, S.C. 29126

Reappointment, Newberry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Arthur L. Jayroe, Jr., P.O. Box 95, Little Mountain, S.C. 29075

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

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

Joyce B. Shults, 120 South Main Street, Saluda, S.C. 29138

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

D. Bruce Horne, 378 Butler Road, Saluda, S.C. 29138

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

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

L. Daniel Malphrus, Jr., 608 Pine Street, Fort Mill, S.C. 29715 VICE Donald S. Tennyson

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Johnny H. Grayson, P. O. Box 537, Clover, S.C. 29710 VICE Edward H. Harvey

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Mandrile Jose Young, 2921 Sedona Place, Fort Mill, S.C. 29708 VICE Deborah D. McCullough

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of U. S. Army Specialist Rian C. Ferguson of Taylors, S.C., who tragically lost his life in the war against Iraq on December 14, 2003.

At 3:23 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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