SENATE JOURNAL for June 6, 2002 - South Carolina Legislature Online

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

Thursday, June 6, 2002
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

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

Beloved, hear the words from The Book of Revelation 1:8:

"I am the Alpha and the Omega," says the Lord God, who is and who was and who is to come, the Almighty."
Let us pray.

Father, in Your Name we began our labors here beneath the dome.

We thank You for the privilege of self government... and for the strength of body, mind and Spirit to endure the tedium of the democratic processes... and its hassle.

We lay the fruits of our stewardship before You with the prayer that You will preserve us in health through a warm summer and fall election year.

We look forward to returning in January to finish the tasks that are within the orbit of our responsibility.

And now, Father, bless us and keep us. Let Your face shine upon us, and be gracious to us. Lord, lift up Your countenance upon us, and give us peace... now... and always.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

LOCAL APPOINTMENTS

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

Hon. Gary R. Faulkenberry, P. O. Box 133, Pageland, S.C. 29728

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

Elizabeth F. Gulledge, P. O. Box 131, Ruby, S.C. 29741

Initial Appointment, Georgetown County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Alan W. Walters, 306 Kauffman Street, Georgetown, S.C. 29440 VICE Hughey Walker

COMMUNICATIONS RECEIVED

VETO CARRIED OVER
Office of the Governor
State House
Columbia, S.C.

May 14, 2002

The Honorable Robert L. Peeler
President of the S.C. Senate
The State House
Columbia, SC 29201

The Honorable Glenn F. McConnell
President Pro Tempore, South Carolina Senate
The State House
Columbia, SC 29201

VETO MESSAGE

Gentlemen:

I am hereby vetoing and returning to the Senate R. 292 (S.963 (Word version)), a Bill relating to penalties imposed for unlawfully passing a stopped school bus. While the Bill's goal of expediting the adjudication of cases in the court system by mandating exclusive magistrate court jurisdiction for school bus passing violations is a legitimate one, the legislation is flawed.

This Bill requires that a driver of a vehicle who violates Section 56-5-2770(a) or (e) be tried exclusively in magistrate's court rather than in the Court of General Sessions. Because there may be additional related charges against that same driver, however, adjudication of some charges may be mandated in General Sessions Court. Concurrent jurisdiction would seem to be a better approach.

In addition, this Bill lessens the penalty that may be imposed for a second offense of the crime of unlawfully passing a stopped school bus if the second violation occurs more than five years after the first one. I must oppose any measure that reduces the penalty for such a serious offense.
Sincerely,
/s/Jim Hodges

On motion of Senator MARTIN, with unanimous consent, the veto by the Governor on R. 292 was carried over.

SENATE ETHICS COMMITTEE
P. O. Box 142
Columbia, SC 29202

SENATE ETHICS COMMITTEE June 5, 2002
ADVISORY OPINION 2002-002

SUBJECT: PROHIBITION OF SENATE MEMBER'S PREMATURE ENDORSEMENT OF CANDIDATES FOR THE JUDICIARY

SUMMARY: The Judicial Merit Selection Commission restricts members of the General Assembly from pledging support to a candidate for judicial office until the Commission has formally released to the General Assembly the qualifications of all candidates. (JMSC Rule 24)

QUESTION: Is it permissible for members of the Senate to formally issue written statements stating that they are in support of a particular Judicial Candidate before the Judicial Merit Selection Commission publishes the qualifications of all candidates?

DISCUSSION: On May 15, 2002 The Judicial Merit Selection Commission sent a letter to the Senate Ethics Committee requesting a review of a document signed by several senators that stated support for a particular judicial candidate. A copy this document came into the Commission's possession on May 9, 2002 seven (7) days prior to the release of the Commission's findings regarding the qualifications of all judicial candidates. The document states "we are in support of the candidacy of..., and at the proper time, we intend to seek your support for him to fill this seat." The Commission met on May 15, 2002 and found "there to be substance to an alleged violation of JMSC Rule 24 and Section 2-19-70(C) of the Code of Law," and "referred it to the Senate Ethics Committee for review and such action as may be deemed appropriate."

The authority of the Senate Ethics Committee to respond to this question lies within Section 8-13-530(2) of the The Ethics, Government Accountability And Campaign Reform Act of 1991 with Amendments Effective January 12, 1995 which states, "Each ethics committee shall (2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or a candidate for the appropriate house, misconduct of a member of or a candidate for the appropriate house." In that the letter sent by the Judicial Merit Selection Committee alleges the potential violation of a rule that governs members of the General Assembly, but does not constitute a complaint, the Senate Ethics Committee deems it necessary to review the matter and submit an Advisory Opinion.

The pertinent sentence of Rule 24 and Section 2-19-70(C) that pertains to this issue reads as follows, "No member of the General Assembly may offer his pledge until the qualifications of all the candidates for that office have been determined by the Judicial Merit Selection Commission and until the Commission has formally released its report as to the qualifications of its nominee to the General Assembly." Since 1997, four letters or memorandums regarding this rule have been distributed by the Judicial Merit Selection Commission and published on the Commission's website. The Commission has been very specific in stating to all members, candidates, and parties involved that "no member of the General Assembly should, orally or by writing, communicate about a candidacy until 48 hours after release of the Judicial Merit Selection Commission's final report of candidate qualifications." (April 18, 2000 Memorandum)

In this particular case, the document signed by several senators was contrary to Rule 24 and Section 2-19-70(C) of the law in that it stated support for the candidacy of someone seeking a judicial position, and it was issued prior to 48 hours after the release of the Judicial Merit Selection Commission's final report of candidate qualifications.

IN CONCLUSION the Senate Ethics Committee hereby interprets Rule 24 and Section 2-19-70(C) to prohibit any member of the Senate from, orally or by writing, communicating about a candidate's candidacy until 48 hours after the release of the Judicial Merit Selection Commission's final report of candidate qualifications.

On motion of Senator HAYES, with unanimous consent, the Ethics Opinion was ordered printed in the Journal.

Message from the House

Columbia, S.C., June 5, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto #1 by the Governor on R. 388, H. 4879 by a vote of 64 to 44:
(R. 388, H. 4879 (Word version)) -- Ways and Means Committee: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

Veto #1. Section 7, Page 64. Continuum of Care transferred.
Proviso 72.105 of the General Appropriations Act creates a study committee to review the current delivery system of services for children and to make recommendations as to any reorganization of children services. This section, however, moves the Continuum of Care to the Department of Social Services for only one year. As written, the Continuum of Care would be transferred back after one year. Moving the program from one agency to another before the committee's study is complete is premature. I am therefore vetoing this section until a proper assessment can be completed.
Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., June 5, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto #2 by the Governor on R. 388, H. 4879 by a vote of 79 to 35:

(R. 388, H. 4879 (Word version)) -- Ways and Means Committee: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)

Veto #2. Section N (54.41), Page 30. Section 2-1-220 amendment.
This section grants the General Assembly a permanent exemption from Budget & Control Board fiscal accountability requirements. I previously vetoed the temporary provision in the appropriations act that granted the same exemption. Because I feel strongly that the General Assembly should abide by the same financial oversight requirements that it legislatively imposes upon other agencies, I am vetoing this section. Accountability rules governing the expenditure, management, or transfer of public funds that apply to agencies in the executive and judicial branches should apply equally to the legislative branch.
Very respectfully,
Speaker of the House
Received as information.

VETO OVERRIDDEN

Veto #2 by the Governor was taken up for immediate consideration.

Senator MARTIN moved that the veto by the Governor be overridden.

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

By a division vote of 45-0, Veto #2 was overridden.

The necessary two-thirds vote having been received, Veto #2 by the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

On motion of Senator MARTIN, with unanimous consent, the PRESIDENT of the Senate was granted leave to address the Senate with brief remarks.

Privilege of the Chamber

On motion of Senator COURSON, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Dr. John Michael Palms, President of the University of South Carolina, and his wife, Norma, upon his retirement from the University.

Senators COURSON, LAND, MOORE, SETZLER, PATTERSON and GIESE all commended Dr. Palms on his excellent leadership and dedication while at the University.

ACTING PRESIDENT PRESIDES

At 11:40 A.M., Senator McCONNELL assumed the Chair.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1338 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION TO CONGRATULATE FURMAN UNIVERSITY, ONE OF THIS NATION'S MOST OUTSTANDING UNIVERSITIES, ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY THIS YEAR.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1339 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO COMMEND THE REVEREND GENERAL BRITT OF ST. GEORGE FOR HIS LIFE-LONG MINISTRY OF LOVE AND CONCERN FOR HIS FELLOW MAN, TO CONGRATULATE HIM FOR HIS OUTSTANDING LEADERSHIP AND PARTICIPATION IN COMMUNITY ACTIVISM FOR THE ADVANCEMENT OF OTHERS, AND TO EXTEND TO HIM EVERY GOOD WISH FOR SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1340 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE ORGANIZATION OF THE 2ND "HIGHLAND" BRIGADE OF THE SOUTH CAROLINA STATE GUARD FOR THEIR SELFLESS SERVICE TO OUR STATE AND NATION.
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The Senate Resolution was adopted.

S. 1341 (Word version) -- Senators Bauer, Courson and Knotts: A SENATE RESOLUTION TO EXTEND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO DAVID L. BALL OF BALLENTINE, SOUTH CAROLINA, IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT ON JUNE 11, 2002, AFTER FORTY YEARS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
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The Senate Resolution was adopted.

S. 1342 (Word version) -- Senators McConnell, Leatherman, Land, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE HONORABLE ROBERT L. PEELER FOR HIS PROFOUND COMMITMENT AND PUBLIC SERVICE AS LIEUTENANT GOVERNOR TO THE CITIZENS OF THE PALMETTO STATE.

Whereas, the adjournment of the General Assembly this year will mark the end of the Honorable Robert L. Peeler's distinguished service as Lieutenant Governor of the State of South Carolina; and

Whereas, Robert L. Peeler, first elected Lieutenant Governor in 1994 and re-elected in 1998, is the first Republican elected to the Office of Lieutenant Governor since Reconstruction and one of only a few non-legislators to hold the office in state history; and

Whereas, Lieutenant Governor Peeler was born in Gaffney where he grew up working side by side with his father and brothers in the family milk business. It was there, working in the converted white frame house he grew up in, that Lieutenant Governor Peeler developed the common sense, down-to-earth approach that he is widely recognized for bringing to state government; and

Whereas, a successful businessman, Lieutenant Governor Peeler helped transform Peeler's Milk into one of the leading independent milk processing companies in the Southeast and currently serves as President of Peeler Brothers Dairy Cattle Company. Lieutenant Governor Peeler is a former President of the South Carolina Dairy Association; and

Whereas, a dedicated family man, Lieutenant Governor Peeler is married to the former Bett Carter of Sumter and the proud father of daughter Carolina, 21, and son Robert, Jr., 13. When Lieutenant Governor Peeler is not working in the State House or traveling the State in his familiar red pickup truck, he is most likely with his family in Lexington where he is a fixture at Robert Jr.'s little league baseball games; and

Whereas, since taking office in 1995, Lieutenant Governor Peeler has set clear conservative priorities and worked to make them happen. His first official action eliminated the Lieutenant Governor's security detail, personal driver, and state vehicle, thus saving taxpayers well over a million dollars through cuts and reforms in his own office; and

Whereas, as Lieutenant Governor, he has been a steady advocate for tax relief and he led the fight for car tax relief and delivered a referendum that voters overwhelmingly approved to cut car taxes by nearly half. As a result, the South Carolina Association of Taxpayers awarded Peeler, the Friend of the Taxpayer award in 1996, 1999, and 2000; and

Whereas, a product of the public schools and the son of an elementary school principal, Lieutenant Governor Peeler has a long-standing commitment to education. He served both as Chairman of the Cherokee County School Board and as Chairman of the State Board of Education. As the state's second highest official, he has played key roles in a number of education initiatives including charter school creation, higher teacher pay, and statewide full-day kindergarten implementation, a cause which he championed throughout the State; and

Whereas, as a successful businessman, Lieutenant Governor Peeler believes government should only do a few things, but do them well. He led the fight to create an independent performance audit of state government to spotlight waste and duplication which has led to cost-saving reforms throughout state government; and

Whereas, the South Carolina Federation of Older Americans named Peeler Legislator of the Year in 1997 for his commitment to seniors. The South Carolina Chapter of Mothers Against Drunk Driving named him Highway Safety Hero for Year 2000 for his work promoting stronger drunk driving legislation. And in 1998, Peeler received the Ron Brown Export Enhancement Award from the National Small Business Exporters Association; and

Whereas, Lieutenant Governor Peeler has served his local community as President of the Cherokee County Chamber of Commerce and as a member of the Cherokee County Boys and Girls Club Board of Directors. During the 2000 Presidential Primary, Peeler served as one of George W. Bush's original Co-Chairmen. He is also a member of the Gaffney Rotary Club, Sons of Confederate Veterans, the Shriners, the Masons and a life member of Sertoma International; and

Whereas, viewed as a political long shot by the experts, Lieutenant Governor Peeler was elected in 1994 after winning a three-way Republican Primary and tough General Election and was re-elected in 1998; and

Whereas, the son of Smith and Sally Bratton Peeler, Lieutenant Governor Peeler is a 1970 graduate of Gaffney High School. He received a B.A. degree from Limestone College and a B.S. degree from Clemson University. He and his wife, Bett, and their children reside in Lexington and are members of Washington Street Methodist Church in Columbia. Son Robert, Jr. attends public school in Lexington and daughter Caroline recently graduated from Clemson University. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate, by this resolution, extend their heartfelt appreciation to the Honorable Robert L. Peeler for his profound commitment and public service as Lieutenant Governor to the citizens of the Palmetto State.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert L. Peeler.
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On motion of Senator McCONNELL, the Senate Resolution was taken up for immediate consideration.

The Senate Resolution was adopted.

H. 5381 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE TRAFFIC PATTERNS OF TANKER TRUCKS THAT LEAVE THE OIL RESERVES LOCATED ALONG SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY AND TRAVEL TO INTERSTATE HIGHWAYS 26 AND 85 TO DETERMINE THE MOST FEASIBLE AND SAFEST ROUTE FOR THESE TRUCKS TO TRAVEL AND TO REPORT ITS FINDINGS AND CONCLUSIONS TO THE GENERAL ASSEMBLY BY JANUARY 8, 2003.

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

H. 5406 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF STATE HIGHWAY 901 AND INTERSTATE 77 AT EXIT 73 IN YORK COUNTY IN HONOR OF SAMUEL R. FOSTER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE EMPLOYMENT SECURITY COMMISSION.

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

H. 5411 (Word version) -- Reps. Owens, Campsen, Wilder, Huggins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE FURMAN UNIVERSITY, ONE OF THIS NATION'S MOST OUTSTANDING UNIVERSITIES, ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY THIS YEAR.

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

H. 5413 (Word version) -- Reps. G.M. Smith, Weeks, J. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF DR. WILSON GREENE OF SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

S. 41--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.

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

Senator LEVENTIS spoke on the report.

On motion of Senator LEVENTIS, with unanimous consent, Free Conference Powers were granted.

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

On motion of Senator LEVENTIS, the Report of the Committee of Free Conference to S. 41 was adopted as follows:

S. 41--Free Conference Report

The General Assembly, Columbia, S.C., May 29, 2002

The Committee of Conference, to whom was referred:

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

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

/ SECTION 1. Section 40-79-50(2) and (3) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(2) Initial license fees are:

(a) two hundred dollars for an alarm system business license ~~including~~, which includes one primary qualifying party certificate;

(b) fifty dollars for each branch office, which includes one primary qualifying party certificate;

(3) Renewal license fees are:

(a) two hundred dollars for an alarm system business renewal including one primary qualifying party certificate;

(b) fifty dollars for each branch office, which includes one primary qualifying party certificate;

SECTION 2. Section 40-79-110(H) and (I) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(H) The licensee may complete work in progress if the licensee's license is suspended, canceled, or revoked; however, no new work may be bid or started after suspension or revocation of a license upon proper notification by the department.

(I) Unless otherwise directed by the board, the suspension, cancellation, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act."

SECTION 3. Section 40-79-130(1)(b) of the 1976 Code, as last amended by Act 367 of 2000, is further amended to read:

"(b) had a license or registration denied, suspended, canceled, revoked, or otherwise disciplined;"

SECTION 4. Section 40-79-220 of the 1976 Code, as added by Act 367 of 2000, is amended to read:

"Section 40-79-220. (A) The following branch office requirements apply:

(1) The department shall issue a certificate to each branch burglar alarm office. This certificate authorizes the branch office to conduct business under the name of the licensed entity. The department may create the certificate as necessary. The licensed entity must apply for the certificate prior to opening the branch office and must not conduct business from this office until the ~~applicant has received the certificate~~ application has been approved by the department and a license number has been issued for the branch office. The certificate must be posted within the branch office upon receipt from the department.

(2) Each branch office ~~located within the~~ doing business in this State must have a primary qualifying ~~agent~~ party assigned to that location exclusively. ~~The~~ This primary qualifying ~~agent~~ party may not be a primary qualifying ~~agent~~ party for any other business location ~~in this State or be employed by or perform any burglar alarm related services for any other burglar alarm system business unless the licensed alarm business is performing work as a subcontractor~~. Any disciplinary action taken by the board affects all of the offices equally, unless otherwise stipulated by the board.

(3) All branch offices shall pay a separate license fee.

(4) Every branch office and ~~all qualifying parties~~ the primary qualifying party must be ~~listed or~~ registered~~, or both,~~ with the department prior to opening the branch office. All registered employees who have access to the licensee's client records must be ~~listed or~~ registered~~, or both,~~ with the department within ~~ten~~ thirty working days of employment within the branch office.

(5) Each branch office must have a separate comprehensive general liability insurance policy or be listed on the home office policy in accordance with this chapter.

(B) The following qualifying party requirements apply:

(1) An alarm business, including a sole proprietorship, may not do business unless it has in its employment a primary qualifying party who meets the requirements of this chapter.

(2) Upon passing all required examinations and meeting all other requirements, the qualifying party must be issued a qualifying party certificate. Any number of employees may become qualified and may be listed as qualifying parties.

(3) If a qualifying party ceases to perform his duties or leaves employment of the licensee, the licensee and qualifying party must notify the department in writing within fifteen days. The licensee must obtain a substitute primary qualifying party within ninety days after the primary qualifying party ceases to perform his duties. If the licensee notifies the department within the prescribed time, the license shall remain in good standing until the prescribed time limit has expired. If the primary qualifier is not replaced within the time limit above, the license or certificate, or both, may be canceled by the department. If the licensee or qualifying party, or either, fails to notify the department within the required time, disciplinary action may be taken in accordance with this chapter.

(4) A qualifying party may transfer his qualifications to another alarm business when he becomes a new employee for that business. The new employer must send written notification of the qualifying party's new employment to the department within fifteen days of employment.

(5) No qualifying party for an alarm business may serve as a qualifying party for more than one licensee at a time and must be a full-time employee of the licensee.

(6) Any qualifying party that is not listed as a qualifying party for an alarm business for four consecutive years must pass any examinations required by the board in order to become certified.

(1) All employees of a licensed alarm business that meet the definition of registered, as provided in Section 40-79-20, must be registered ~~with~~ on a form provided by the department. The licensee must conduct a criminal background check of any applicant for employment and ~~submit the~~ report the results to the department in conjunction with the registration process. The department must be notified by the licensee of each employee ~~requiring registration by the licensee~~ required to be licensed within ~~fifteen~~ thirty days of employment along with the results of the criminal background check of the new employee. An employee must not have access to the burglar alarm client's records until the license applicant or licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the individual meets the registration requirements set forth in this chapter. If the employee has been convicted of a crime listed in Section 40-79-130, in order to be registered the individual must appear before the board and present evidence satisfactory to the board, in its discretion, as to the individual's fitness and qualifications for registration.

(2) The department must be notified in writing by the licensee and registered employee of termination of employment for any registered employee within ~~fifteen~~ thirty days after termination. If the ~~licensee or~~ registered employee~~, or either,~~ fails to notify the department within ~~the fifteen~~ thirty days, ~~disciplinary action may be taken in accordance with this chapter~~ the department shall immediately cancel the registration of the employee. Failure of the licensee and registered employee to notify the department of the termination of the employee within thirty days may result in disciplinary action for violation of this chapter.

(3) A licensee may employ an individual who is properly registered, certified, or licensed as an alarm system business employee from another state for a period not to exceed fifteen days in any given month. The licensee, prior to employing the person, must submit to the department the name, address, date of birth, and social security number of the person and the name of the state of current registration or licensing. Department approval of the employment of the person in this State must be obtained prior to the person being employed , without registering under this section, administrative, monitoring, or customer service personnel working temporarily within this State for a period not to exceed thirty consecutive days. These employees must not have access to the alarm business system's client's records until the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary administrative, monitoring, or customer service employee meets the registration requirements set forth in this chapter. These employees do not have to be registered with the department. Any administrative or customer service personnel working over thirty consecutive days must be registered in accordance with this chapter.

(4) A licensee may temporarily employ in this State ~~an individual registered in another state as an alarm business employee~~, without registering under this section, an alarm technician who is registered in another state for a period not to exceed ~~thirty~~ ninety days in any given calendar year ~~provided~~ if the licensee submits to the department within five days from the date of employment, a report that provides the department with the name, address, social security number, job description, and dates of employment of the employee. Such an individual is not required to be registered in this State unless employed for more than thirty days in a given calendar year licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the temporary alarm technician meets the registration requirements set forth in this chapter. This employee does not have to be registered with the department. A temporary alarm technician working over ninety days in a calendar year must be registered in accordance with this chapter.

(5) Monitoring personnel for a licensed entity located within this State that are solely engaged in burglar alarm monitoring do not have to be registered with the department, if the licensed entity verifies that the employee has not been convicted of a crime listed in Section 40-79-130 and documents in the employee's personnel file that the employee meets the registration requirements set forth in this chapter."

SECTION 5. Section 40-79-240(C) and (E) of the 1976 Code, as added by Act 367 of 2000, are amended to read:

"(C) All employees that are required to have a criminal background check must submit a new background check upon conviction of a crime.

A registered ~~individual~~ employee failing to qualify according to the requirements of this chapter may submit a request to the board within ten days of receipt of denial of renewal for consideration of a waiver for failure to meet the requirements of this chapter.

This individual must be allowed to continue to work under strict supervision of the alarm business until the board makes a decision on a timely waiver request."

"(E) ~~A burglar~~ An alarm licensee must submit documentation of a current comprehensive general liability insurance policy with each license renewal in an amount provided for in Section 40-79-250."

SECTION 6. Section 40-79-20(14) of the 1976 Code, as amended by Act 367 is amended to read:

"(14) 'Registered' means an owner, partner, principle officer, qualifying party, or registered employee of ~~a burglar~~ an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any other information pertaining to the system that could compromise the client's burglar alarm system. This includes individuals who sell, install, or service a burglar alarm system at a client's residence and a full-time employee. Also included is a part-time employee that has access to customers' records or files."

SECTION 7. Section 40-79-20 of the 1976 Code is amended by adding at the end:

"(16) 'Administrative personnel' means an individual that performs daily office functions for the management of an alarm business.

(17) 'Monitoring personnel' means an individual that performs daily office functions observing the operation and activation of alarm systems from a monitoring station.

(18) 'Customer service personnel' means an individual working for a licensed alarm entity that provides support for customer problems, complaints, questions, and concerns involving an alarm system.

(19) 'Alarm technician' means an individual that specializes in any activity or work related to the set-up or installation, repair, alteration, or connection of an alarm system to a client's property."

SECTION 8. Section 40-79-230 of the 1976 Code, as added by Act 367 of 2000, is amended to read:

"Section 40-79-230. (A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.

(B) To qualify for a license, the applicant must:

(1) submit a completed application as prescribed by the board;

(2) satisfy the examination requirements prescribed by the board;

(3) depending on the profession, have a certificate of completion from the National Training School for Burglar Alarms by taking the Level 1 training course or have a certificate of completion from the National Institute for Certification in Engineering Technologies for Fire Alarms by taking the Level II training course;

(4) submit proof that the applicant's primary qualifying party is a full-time employee in a management position;

~~(4)~~ (5) submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;

~~(5)~~ (6) submit all documentation required by the department pursuant to the requirements of this chapter;

~~(6)~~ (7) pay all fees;

~~(7)~~ (8) the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;

~~(8)~~ (9) upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and

~~(9)~~(10) the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both."

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Sen. Phil P. Leventis         /s/ Rep. Harry F. Cato
/s/ Sen. Robert L. Waldrep, Jr.   /s/ Rep. James N. Law
/s/ Sen. Thomas C. Alexander      /s/ Rep. Donny Wilder
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and has been granted Free Conference Powers and has appointed Reps. Cato, Law and Wilder to the Committee of Free Conference on the part of the House on:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
Very respectfully,
Speaker of the House

Received as information.

H. 3602--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

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

Senator MATTHEWS spoke on the report.

On motion of Senator MATTHEWS, the Report of the Committee of Conference to H. 3602 was adopted as follows:

H. 3602--Conference Report
The General Assembly, Columbia, S.C.,

The Committee of Conference, to whom was referred:

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

That the same do pass with the following amendments: (Reference is to Printer's Version 4/11/01.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 59-6-10 of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"Section 59-6-10. (A) In order to assist in, recommend, and supervise implementation of programs and expenditure of funds for the Education Accountability Act and the Education Improvement Act of 1984, the Education Oversight Committee is to serve as the oversight committee for these acts. The Education Oversight Committee shall:

(1) review and monitor the implementation and evaluation of the Education Accountability Act and Education Improvement Act programs and funding;

(2) make programmatic and funding recommendations to the General Assembly;

(3) report annually to the General Assembly, State Board of Education, and the public on the progress of the programs;

(4) recommend Education Accountability Act and EIA program changes to state agencies and other entities as it considers necessary.

Each state agency and entity responsible for implementing the Education Accountability Act and the Education Improvement Act funded programs shall submit to the Education Oversight Committee programs and expenditure reports and budget requests as needed and in a manner prescribed by the Education Oversight Committee.

The committee consists of the following persons:

(1) Speaker of the House of Representatives or his designee;

(2) President Pro Tempore of the Senate or his designee;

(3) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;

(4) Chairman of the Education Committee of the Senate or his designee;

(5) Governor or his designee;

(6) Chairman of the Ways and Means Committee of the House of Representatives or his designee;

(7) Chairman of the Finance Committee of the Senate or his designee;

(8) State Superintendent of Education or the superintendent's designee who shall be an ex officio nonvoting member;

~~(8)~~(9) five members representing business and industry who must have experience in business, management, or policy to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee; and

~~(9)~~(10) five members representing public education teachers and principals to be appointed as follows: one by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.

Initial appointment must be made by July 31, 1998, at which time the Governor or his designee shall call the first meeting. At the initial meeting, a chairman elected from the members representing the business and industry appointees and a vice chairman representing the education members shall be elected by a majority vote of the committee. The members appointed pursuant to items (1) through ~~(7)~~ (8) may serve notwithstanding the provisions of Section 8-13-770. Their terms of office on the committee must be coterminous with their terms of office as Governor, Superintendent of Education, or members of the General Assembly.

(B) The terms of office of the members of the Education Oversight Committee, except for the legislative members, Governor, and State Superintendent of Education, are four years and until their successors are appointed and qualify except of those first appointed the terms must be staggered as follows:

(1) initial terms of two years shall be served by the two members of the business and industry community appointed by the chairmen of the Education Committees;

(2) initial terms of three years shall be served by the members of the education community appointed by the President Pro Tempore of the Senate and the Speaker of the House; and

(3) all other voting members shall serve initial four-year terms. The terms of chairman and vice chairman shall be two years. At the end of each two-year term, an election must be held for the chairmanship and vice chairmanship by majority vote of the members attending with quorum present. No member shall serve more than four consecutive years as chairman or vice chairman.

Members of the committee shall meet no less than once a quarter and annually shall submit their findings and recommendations to the General Assembly before March first of each fiscal year. The staff positions of the Education Oversight Committee and the people presently in those positions initially shall be transferred to the Education Oversight Committee as administrative staff to carry out its functions."

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

Amend title to conform.

/s/ Sen. Linda H. Short           /s/ Rep. Robert E. Walker
/s/ Sen. Arthur Ravenel           /s/ Rep. Walter P. Lloyd
/s/ Sen. John W. Matthews, Jr.    /s/ Rep. Ronald P. Townsend
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
Very respectfully,
Speaker of the House

Received as information.

NONCONCURRENCE

H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

The House returned the Bill with amendments.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
asks for a Committee of Conference, and has appointed Reps. R. Smith, Carnell and A. Young to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 4835--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators LEATHERMAN, McGILL and MATTHEWS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator LEATHERMAN, the report of the Committee of Conference was taken up for immediate consideration and adopted as follows:

H. 4835--Conference Report
The General Assembly, Columbia, S.C., June 6, 2002

The Committee of Conference, to whom was referred:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).

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

That the same do pass with the following amendments: (Reference is to Printer's Version 5/28/02.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-47-55 of the 1976 Code, as added by Act 178 of 1993, is amended to read:

"Section 2-47-55. (A) All state agencies responsible for providing and maintaining physical facilities are required to submit an a ~~Annual Permanent Improvement Program (APIP)~~ Comprehensive Permanent Improvement Plan (CPIP) to the Joint Bond Review Committee and the Budget and Control Board. The ~~APIP~~ CPIP must include all of the agency's permanent improvement projects anticipated and proposed ~~to be started in the upcoming year~~ over the next five years beginning with the fiscal year starting July 1 after submission. The purpose of the ~~APIP~~ CPIP process is to provide the board and the committee with ~~a comprehensive view~~ an outline of each agency's permanent improvement activities for the next five years. Agencies must submit ~~an APIP~~ a CPIP to the committee and the board on or before ~~June 15 of each year~~ a date to be determined by the committee and the board. ~~The APIP covers the next fiscal year period beginning July 1.~~ The ~~APIP~~ CPIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the ~~APIP~~ CPIP and provide its recommendations to the board and the committee. The board and the committee must approve the CPIP after submission and may develop policies and procedures to implement and accomplish the purposes of this section. ~~The APIP must be approved by August first of the fiscal year for which the APIP applies.~~

(B) The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State."

SECTION 2. Section 5 of Act 1377 of 1968, as amended by Act 179 of 1981, is amended by deleting Section 5 which reads:

"Section 5. In view of the finding by the General Assembly that the overall permanent improvement plans adopted by several state agencies and institutions have proven to be useful documents, the General Assembly now has determined that the governing body or commission of each agency and institution of the state government seeking approval of requests for the funding of permanent improvement projects or of the establishment and implementation of projects authorized previously under Act 177 of 1968, as amended, shall submit an overall plan for such facilities to the Joint Bond Review Committee (the committee) and to the Budget and Control Board (the board) for review and approval. Neither the committee nor the board may recommend that the General Assembly approve any additional permanent improvement funding request of any agency or institution until its overall permanent improvement plan or subsequent revisions thereof have been reviewed and approved by the committee and the board. Such plans shall be submitted to the committee and the board on or before July 1, 1982, and shall be updated as necessary and submitted in alternate years thereafter. The plans submitted in 1982 shall cover a future period of not less than five fiscal years beginning with the fiscal year beginning July 1, 1983, and any plan updates submitted shall cover five-fiscal year periods beginning in alternate fiscal years thereafter. Plans of institutions of higher learning shall be submitted to the committee and the board on this same schedule through the Commission on Higher Education (the commission). The commission shall forward each plan and any supporting documentation received from each institution to the board and the committee together with its comments and recommendations on each plan and with overall summary comments and recommendations on the several plans considered in the aggregate.

The overall permanent improvement plan of each agency and institution shall, as a minimum, include: (1) a summary of existing facilities with an analysis of their condition and adequacy in view of present and anticipated use of and demands upon them; (2) an analysis of the key factors involved in the trends in the demand for various facilities of the agency or institution; (3) a summary of the alternative approaches considered as a means of meeting any unmet current or anticipated demands upon facilities and the reasons those alternatives were not pursued; (4) a listing of the permanent improvements proposed and those projects authorized previously for funding but not yet established classified in terms of types of projects such as maintenance, renovation, new construction or other categories specified by the board, listed in order of priority and grouped according to the fiscal year in which funding approval is deemed necessary; (5) a justification for each project proposed which identifies the specific needs to be met by the project and its dependence upon other projects being proposed or to be proposed; (6) the proposed sources of funds for the projects listed including evidence that all funds for these purposes available to the agency or institution from its own sources or capabilities have been applied; (7) information on additional annual operating costs related to each proposed project; (8) feasibility studies and any other documentation which may help to convey fully the nature, rationale and urgency of each proposed project; (9) campus or other maps showing the location of existing and proposed facilities; and (10) other pertinent information requested by the board or the committee."
SECTION 3. Section 2, subsection (E), item (f) of Act 28 of 1999, which added additional items to Act 1377 of 1968, is amended to read:

"(f) Department of Natural Resources

Florence HQ Building ~~500,000~~ 900,000

Greenwood HQ Building ~~500,000~~ 100,000"

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

Amend title to read:
TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.

/s/ Sen. Hugh K. Leatherman       /s/ Rep. Marion P. Carnell
/s/ Sen. J. Yancey McGill         /s/ Rep. J. Roland Smith
/s/ Sen. John W. Matthews, Jr.    /s/ Rep. Annette D. Young
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT) AND TO REALLOCATE A BOND AUTHORIZATION FOR THE DEPARTMENT OF NATURAL RESOURCES.
Very respectfully,
Speaker of the House

Received as information.

H. 4835--ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING AND AMENDING CERTAIN SECTIONS IN TITLE 7 RELATED TO ELECTION PROCEDURES. (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. Fleming, Altman and Scott to the Committee of Conference on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3789--CONFERENCE COMMITTEE APPOINTED

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

Whereupon, Senators SETZLER, MARTIN and RITCHIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SECTION 15-51-42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE WHEN THE ADMINISTRATION OF AN ESTATE IS FINAL EXCEPT FOR A PENDING SURVIVAL ACTION, THE COURT MAY ISSUE A SPECIAL ORDER PROVIDING THAT NO ACCOUNTINGS ARE REQUIRED UNTIL THE SURVIVAL ACTION IS SETTLED OR VERDICT RENDERED IN A TRIAL; TO AMEND SECTIONS 20-7-150 AND 20-7-180, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS; TO AMEND SECTION 20-7-190, RELATING TO THE CUSTODIAN'S EXPENSES, BONDS, AND LIABILITY, SO AS TO PROVIDE THAT A CUSTODIAN MAY RECEIVE REASONABLE COMPENSATION FROM THE CUSTODIAL PROPERTY FOR HIS SERVICES BASED UPON A PROVISION OF LAW APPLICABLE TO GUARDIANS AND CONSERVATORS; TO AMEND SECTION 20-7-210, RELATING TO DESIGNATION OF A SUCCESSOR CUSTODIAN, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO PROVIDE IF ALL THE JOINT TENANTS JOIN IN AN ENCUMBRANCE, THE INTEREST IN THE REAL ESTATE IS ENCUMBERED; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; TO AMEND SECTION 62-5-501, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; BY ADDING SECTION 62-7-113, SO AS TO PROVIDE AN ANTI-LAPSE PROVISION FOR REVOCABLE INTER VIVOS TRUSTS; AND BY ADDING SECTION 62-7-1134, SO AS TO TO PROVIDE FOR REVOCATION OF A REVOCABLE INTER VIVOS TRUST BY DIVORCE, ANNULMENT, AND ORDER TERMINATING MARITAL PROPERTY RIGHTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

NO CONFERENCE REPORT RECOMMENDED

S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator FAIR, on behalf of the Committee of Conference on S. 820, was recognized to give a report to the body regarding the work of the committee.

Senator FAIR indicated that there would be no report from the Committee of Conference.

Statement by Senator FAIR

The Conference Committee on Senate Bill 820, the Cloning Ban legislation, was unable to reach an agreement. The Senate members of the Conference Committee were Senators FAIR, HUTTO and KUHN. Senator FAIR voted for the House version of the Bill and Senators HUTTO and KUHN voted for the Senate version of the Bill.

Motion to Ratify Adopted

At 11:50 A.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:15 P.M.

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

HOUSE CONCURRENCE

S. 1318 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION BY ADOPTING THE "ACCESS TO CANCER THERAPIES ACT OF 2001" (H.R. 1624; S.913) WHICH WILL PROVIDE MEDICARE COVERAGE FOR ALL ORAL ANTI-CANCER DRUGS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 5321 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.

By prior motion of Senator BAUER

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

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

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

Amendment No. 1

Senator RICHARDSON proposed the following Amendment No. 1 (GJK\21473SDD02), which was adopted:

Amend the bill, as and if amended, by striking subsection (B) as contained in Section 1 and inserting:

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

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

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

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

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

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

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

(7) appointments to the Technical College of the Lowcountry Commission as provided in Section 59-53-910;

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

(9) Beaufort-Jasper Higher Education Commission;

(10) Beaufort-Jasper Water and Sewer Authority Board of Directors;

(11) Broad Creek Public Service Commission;

(12) Fripp Island Public Service District;

(13) Hilton Head Island #1 Public Service District;

(14) South Island Public Service District; or

(15) the county Veterans Affairs officer as provided in Section 25-11-40. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

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

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

Amendment No. 2

Senator THOMAS proposed the following Amendment No. 2 (GJK\ 21466MM02), which was adopted:

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

/ SECTION __. Section 25-1-420 of the 1976 Code, as last amended by an Act of 2002 bearing unnumbered ratification number ____, is further amended to read:

"Section 25-1-420. There is established within the office of the Adjutant General the South Carolina Preparedness Division (division).

The division must be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.

The division is responsible for the implementation of the following:

(a) coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan;

(b) conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan;

(c) establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force; and

(d) establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information~~; and~~

~~(e)~~ ~~establishing a statewide Urban Search and Recovery Team for response to emergency situations, to the extent that funding is provided by the General Assembly~~." /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 3

Senator FAIR proposed the following Amendment No. 3 (GGS\ 22632DW02), which was adopted:

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

/ SECTION __. The 1976 Code is amended by adding:

"Section 23-15-45. A sheriff is invested with statewide territorial jurisdiction to serve upon an inmate incarcerated at a state correctional institution or local detention facility an arrest warrant issued by a magistrate of a county who has been granted, by written order of the Chief Justice of the Supreme Court of South Carolina, statewide territorial jurisdiction to dispose of qualified criminal cases." /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Amendment No. 4

Senator FAIR proposed the following Amendment No. 4 (GGS\ 22633CM02), which was adopted:

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

/ SECTION __. Section 56-5-2522 of the 1976 Code, as added by Act 195 of 2002, is amended to read:

"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.

(B) ~~Sixty days~~ After a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.

(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. ~~Thirty~~ Fifteen days after the notice is mailed, the vehicle or object and its contents ~~may~~ must be considered abandoned and sold ~~by a regular or special constable appointed~~ by the sheriff, or his designee, or chief of police, or his designee, as provided by Section 56-5-5640." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Amendment No. 5

Senator FAIR proposed the following Amendment No. 5 (JUD3049.003), which was adopted:

Amend the bill, as and if amended, page 3, after line 13, by adding appropriately numbered new SECTIONS to read:

/ SECTION ___. Section 56-5-2360(a) of the 1976 Code is amended to read:

"(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700, or of a police vehicle properly and lawfully making use of an audible signal or visual signal ~~only~~, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in ~~such~~ that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer."

SECTION ___. Section 56-3-120 of the 1976 Code, as last amended by Act 375 of 2000, is further amended by adding at the end:

"(6) firefighting vehicles that are publicly owned by the state or a county, municipality, or special purpose district as follows:

(a) motorized firefighting vehicles that carry a pump or water tank in excess of three hundred gallons;

(b) motorized firefighting vehicles containing a hydraulically operated ladder; and

(c) specialized support vehicles that specifically transport equipment utilized for rescue operations, hazardous materials response, wildfire emergencies, breathing air refill support, and incident command."

SECTION ___. (A) The 1976 Code is amended by adding:

"Section 56-1-464. (A) Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the state's charge of driving under suspension based upon the out-of-state violation if:

(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and

(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.

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

(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary."

SECTION ___. Section 56-5-1538 of the 1976 Code, as added by Act 256 of 1996, is amended to read:

"Section 56-5-1538. (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing ~~red~~ lights, rescue equipment, or emergency personnel on the scene.

(B) An emergency scene is a special hazard.

(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.

(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.

(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training.

(F) The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.

(G) A person driving a vehicle approaching a stationery authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:

(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.

(H) A person who violates the provisions this section is guilty of the misdemeanor of endangering emergency services personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.

(I) For purposes of this section:

(1) 'Authorized emergency vehicle' means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.

(2) 'Emergency services personnel' means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident."

SECTION ___. Section 56-5-2990(B) of the 1976 Code, as last amended by Part II, Section 11 of Act 100 of 1999, is further amended to read:

"(B) ~~Any~~ A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall ~~begin~~ meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."

SECTION ___. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes, or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program or residence must be reported immediately to the department by the licensee."

SECTION ___. Section 56-5-2951(R) of the 1976 Code, as added by Act 115 of 1999, is amended to read:

"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes, or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

SECTION ___. Section 56-5-2780(A) of the 1976 Code is amended to read:

"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days."

SECTION ___. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(1) If an individual is employed or enrolled in a college, or university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education."

SECTION ___. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, or his place of education, or the court-ordered drug program, and in the course of his employment, or education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Amendment No. 6

Senator HOLLAND proposed the following Amendment No. 6 (JUD3049.008), which was adopted:

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

/ SECTION ___. The 1976 Code is amended by adding:

"Section 22-5-115. (A) Notwithstanding any other provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case, if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.

(B) The Attorney General must design the form containing the summons to appear. The form must include:

(1) an affidavit that establishes probable cause;

(2) a description of the charges against the defendant;

(3) the date, time, and place of the trial;

(4) the name of the issuing officer;

(5) the defendant's and affiant's name, address, and telephone number;

(6) the date and location of the incident; and

(7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.

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 read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.

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

Amendment No. 1

Senator HUTTO proposed the following Amendment No. 1 (GGS\ 22630CM02), which was adopted:

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

/ SECTION __. Section 56-5-2990(B) of the 1976 Code, as last amended by an Act of 2002 bearing Ratification Number 381, is further amended to read:

"(B) A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."

SECTION __. Section 56-5-2951(J)(1) and (2) of the 1976 Code as amended by an Act of 2002 bearing Ratification Number 381, is amended to read:

"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee."

SECTION __. Section 56-5-2951(R) of the 1976 Code, as last amended by an Act of 2002 bearing Ratification Number 381, is further amended to read:

"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

SECTION __. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

SECTION __. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator MOORE proposed the following Amendment No. 2(GGS\ 22637CM02), which was adopted:

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

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

"Article 38

American Legion Special License Plates

Section 56-3-3800. (A) The Department of Public Safety may issue motor vehicle license plates to members of the American Legion for private motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty dollars that must be distributed to the South Carolina American Legion. The forty-dollar special fee must be deposited in an account designated by the South Carolina American Legion, and must be used to off-set the expenses associated with the South Carolina Boys and Girls State Program. Notwithstanding any other provision of law, of the fees collected in accordance with Section 56-3-2020 for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicles Division in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.

(B) Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive:

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

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

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

ADOPTED

H. 4051 (Word version) -- Reps. Sharpe, Rhoad, McLeod, Koon, Bales, Battle, Frye, Gourdine, Riser, Snow, Townsend and Webb: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA FOR ITS COMMITMENT TO RESPONSIBLE USE OF NATURAL RESOURCES AND FOR THE CREATION AND IMPLEMENTATION OF THE SUSTAINABLE FORESTRY INITIATIVE AS A MEANS TO THE RESPONSIBLE USE OF THE NATURAL RESOURCES OF THIS STATE.

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

ADOPTED

S. 1321 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U. S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING" IN RECOGNITION OF THE FORTY-ONE PATRIOTS WHO IN MAY OF 1780, GAVE THEIR LIVES TO SECURE AMERICAN INDEPENDENCE.

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

Senator HAWKINS spoke on the Resolution.

Senator GROOMS explained the Resolution.

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

ADOPTED

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

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

AMENDED AND ADOPTED

H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".

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

Amendment No. 1

Senators ALEXANDER and MARTIN proposed the following Amendment No. 1 (BBM\9200HTC02), which was adopted:

Amend the concurrent resolution, as and if amended, after the resolving words by adding immediately after line 16:

/ Be it further resolved that nothing in this or any similar concurrent resolution may be construed as changing addresses for purposes of the operation of the county 911 system. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator GROOMS proposed the following amendment (DKA\ 3049MM02), which was adopted:

Amend the concurrent resolution, as and if amended, page 3, after line 16, by inserting:

/ That the South Carolina Department of Natural Resources is requested to name the boat landing on the Santee River where U. S. Highway 17-A and S.C. Highway 41 cross the Santee River above Jamestown in Berkeley County the "Lenud's Ferry Boat Landing". Appropriate signs containing the words "Lenud's Ferry Boat Landing" shall be placed on the property through locally generated funding by the Department of Natural Resources. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED AND ADOPTED

H. 4996 (Word version) -- Rep. Barrett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 11 AND 28 IN WAGENER TOWNSHIP IN OCONEE COUNTY THE "GENERAL JOHN A. WAGENER INTERCHANGE" IN HONOR OF GENERAL JOHN A. WAGENER, THE FOUNDER OF THE TOWN OF WALHALLA, AND INSTALL APPROPRIATE SIGNS OR MARKERS.

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

Amendment No. 1

Senator GROOMS proposed the following Amendment No. 1 (DKA\ 3050MM02), which was adopted:

Amend the concurrent resolution, as and if amended, page 1, after line 30, by inserting:

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED AND ADOPTED

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

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

Senator GROOMS proposed the following amendment (DKA3051MM02), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, after line 1, by inserting:

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED AND ADOPTED

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

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

Amendment No. 1

Senator RYBERG proposed the following Amendment No. 1 (SWB\ 5429DW02), which was adopted:

Amend the concurrent resolution, as and if amended, by striking all before and after the resolving clause and inserting:

/ Whereas, on June 28, 1776, a British fleet with eleven ships and an invasion force of approximately three thousand regulars and marines struck at the heart of the colony known as South Carolina by launching an assault on the unfinished palmetto log and sand fort on Sullivan's Island manned by approximately seven hundred Colonial soldiers; and

Whereas, leading the forces of the colonists defending Breach Inlet was Colonel William Thomson, a fearless leader and driving force in severing ties with Great Britain; and

Whereas, the British landed on Long Island (now the Isle of Palms) and intended to invade across Breach Inlet and attack the fort from the rear, but the water proved to be too deep and swift; and

Whereas, when the British tried an amphibious landing, Colonel Thomson's forces repelled them with lethal markmanship; and

Whereas, the British withdrew in complete disarray and Colonial forces prevailed at the Battle of Sullivan's Island in what was to give the Revolutionary cause a significant psychological boost; and

Whereas, it is appropriate that the Department of Transportation erect an appropriate sign or marker to recognize the heroic and gallant leadership of Colonel William Thomson at the Battle of Sullivan's Island. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the Department of Transportation erect an appropriate sign or marker on Sullivan's Island on the eastern side of the bridge, currently under construction that spans Breach Inlet between Sullivan's Island and the Isle of Palms in Charleston County on South Carolina Highway 703 to commemorate the Battle of Sullivan's Island and Colonel William Thomson, who led the Colonial forces at Breach Inlet during the Battle of Sullivan's Island which defeated a British contingent on June 28, 1776.

That the Department of Archives and History shall prepare or approve appropriate text for the sign or marker.

That the cost of the marker be financed by the local County Transportation Committee, the City of Sullivan's Island, or private donations.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the Department of Archives and History. /

Amend title to read:

/ TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE COLONIAL FORCES AT BREACH INLET DURING THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776. /

Senator RYBERG explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator GROOMS proposed the following Amendment No. 2 (DKA\ 3052MM02), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, after line 26, by inserting:

Renumber sections to conform.

Amend title to conform.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

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

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (NBD\11852AC) proposed by Senator KNOTTS and previously printed in the Journal of Wednesday, June 5, 2002.

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

Amendment No. 1A

Senators KNOTTS, LAND and J. VERNE SMITH proposed the following Amendment No. 1A (GJK\21474SD02), which was adopted:

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

/SECTION ____. Section 59-111-110 of the 1976 Code, as last amended by Act 281 of 2000, is further amended to read:

"Section 59-111-110. No tuition may be charged for a period of four school years by any state-supported college or university or any state-supported ~~vocational or~~ technical ~~school~~ college for children and spouses of persons employed by or in the service of a South Carolina governmental entity, if the person became totally disabled during the marriage to that spouse or was killed in the line of duty, and if the spouse in the case of death has not remarried, of:

(1) firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law enforcement officers, or corrections officers, as defined herein, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in the line of duty on or after July 1, 1964;

(2) government employees who become totally disabled or are killed in the line of duty while working on state time on or after July 1, 1996, as a result of a criminal act committed against them which constitutes a felony under the laws of this State.

The tuition authorized to be paid by this section applies only to undergraduate courses or curriculum at a state-supported South Carolina college or university or technical college and may be paid for a period not exceeding four years, regardless of the number of state-supported colleges, universities, or state-supported ~~vocational or~~ technical ~~schools~~ colleges the child or spouse attends."/

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator PATTERSON proposed the following Amendment No. 2 (PATTERSON-4054), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 59-29-55 of the 1976 Code is amended to read:

"Section 59-29-55. The State Board of Education shall examine the current status of the teaching of South Carolina History. By the 1989-1990 school year, each public school of the State must instruct students in the history of the black people as a regular part of its history and social studies courses. The State Board of Education shall establish regulations for the adoption of history and social studies textbooks which incorporate black history and shall, through the State Department of Education, assist the school districts in developing and locating suitable printed materials and other aids for instruction in black history. Black history must be included in the curriculum standards with questions relating to black history included in testing assessments. An annual professional development conference must be conducted by the State Department of Education on the teaching of black history to assist teachers with the implementation and use of the standards. The State Board of Education shall examine curricular material for grades 1-6 to determine the level of emphasis on the relationship of agriculture and other industries to the South Carolina economy." /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 6

Senator HAYES proposed the following Amendment 6 (GJK\ 21459SD02), which was adopted:

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

/ SECTION ____. (A) Chapter 23 of Title 59 of the 1976 Code is amended by adding:

"Article 5

School Building Codes, Specifications, and Inspections

Section 59-23-510. All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in:

(1) the building code, plumbing code, mechanical code, standard gas code, fire code, and successor codes promulgated by the Southern Building Codes Congress International, Inc.;

(2) the Model Energy Code as published by the Council of American Building Officials;

(3) the National Electrical Code as published by the National Fire Protection Association; and

(4) the applicable standards as specified and modified in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.

Section 59-23-520. All construction, improvements, and renovation of public school buildings and property shall be inspected by the State Superintendent of Education or the superintendent's designee for compliance with the applicable codes and standards.

A certificate of occupancy must be obtained from the State Superintendent of Education or the superintendent's designee before any such building may be occupied."

(B) Article 1, Chapter 23 of Title 59 of the 1976 Code is repealed. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Amendment No. 9

Senators RAVENEL and PINCKNEY proposed the following Amendment No. 9 (GJK\21477SD02), which was ruled out of order:

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

/ SECTION ____. Section 8 of Act 369 of 1959, as last amended by Act 727 of 1978, is further amended to read:

"Section 8. The commission shall advertise for bids at least once thirty days prior to bid opening in one or more newspapers for all equipment or material to be acquired and all constructions to be undertaken costing in excess of one thousand dollars, with the right to reject any and all bids, or to enter into contracts with the lowest responsible bidder thereon and to secure competent persons if deemed advisable, to superintend the construction and counsel and advise in all matters relating thereto. The commission may procure any products or services it requires in an amount not exceeding one thousand dollars at a fair and reasonable price without the requirement for soliciting bids. For such procurements in excess of one thousand dollars but not exceeding ten thousand dollars, the commission must secure three quotes by telephone, fax, or other means without the requirement for soliciting bids through a formal request for proposals (RFP) and then choose the most cost-effective and responsive bid. For such procurements in excess of ten thousand dollars, the commission must solicit bids through a formal request for proposals (RFP) and then accept the most cost-effective and responsive bid. A permanent record shall be kept by the commission of all its proceedings, contracts, and other matters done and performed by it, including an accurate plan of the work done, and proper books shall be kept, showing in detail all ~~moneys~~ monies and funds received and disbursed by it. The books of the commission shall be audited annually, and at such other times as the Supervising Auditor of Charleston County shall direct, by a certified public accountant and a copy of the audit filed with the county council. All books and records of the commission shall be open at all reasonable times to the inspection of any citizen of the district." /

Renumber sections to conform.

Amend title to conform.

Point of Order

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

The ACTING PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 11

Senators HAYES, SHORT and SETZLER proposed the following Amendment No. 11 (4054-SHORT01), which was adopted:

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

/SECTION__. Section 59-18-1500 (A)(4) of the 1976 Code is amended to read:

"(4) The school, in conjunction with the district board, must inform the parents of children attending the school of the ratings received from the State Board of Education and must outline the steps in the revised plan to improve performance, including the support which the board of trustees has agreed to give the plan. This information must go to the parents no later than ~~February first~~ April thirtieth. This information must also be advertised in at least one South Carolina ~~daily~~ audited newspaper of general circulation in the area. This notice must be published ~~within ninety days~~ by April thirtieth of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline. The notice must include the following information: name of school district, name of superintendent, district office telephone number, name of school, name of principal, telephone number of school, school's absolute performance rating and improvement performance rating on student academic performance, and strategies which must be taken by the district and school to improve student performance. Reports required in Sections 59-139-10, 59-20-60 and 59-18-1500 may be consolidated and submitted by April thirtieth; and" /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

CARRIED OVER

H. 4654 (Word version) -- Reps. Delleney, G.M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson, Wilkins and Campsen: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-70 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY RELATED CRIMES.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to recur to the Morning Hour.

RECESS

At 12:26 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled, at 2:10 P.M., and was called to order by the PRESIDENT Pro Tempore.

RECESS

At 2:10 P.M., on motion of Senator RICHARDSON, the Senate receded from business not to exceed fifteen minutes.

At 2:29 P.M., the Senate resumed.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion that the Senate stand in recess for twenty minutes.

Senator RYBERG objected.

RECESS

At 2:31 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed twenty minutes.

At 2:50 P.M., the Senate resumed.

RECESS

At 2:56 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed ten minutes.

At 3:07 P.M., the Senate resumed.

NONCONCURRENCE

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

The House returned the Bill with amendments.

Senator MOORE explained the House amendments.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

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

S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND VARIOUS SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

S. 379--CONFERENCE COMMITTEE APPOINTED

On motion of Senator GREGORY, the Senate insisted upon its amendments to S. 379 and asked for a Committee of Conference.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Gourdine, Riser and Loftis to the Committee of Conference on the part of the House on:
S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND VARIOUS SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SEVERAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN FINANCE AND ELECTIONS, TO PROVIDE REFORM. (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. D. Smith, Harrison and Whipper to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3144--CONFERENCE COMMITTEE APPOINTED

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SEVERAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN FINANCE AND ELECTIONS, TO PROVIDE REFORM. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference was printed, but not adopted by the Senate, as follows:

H. 3144--REPORT OF THE COMMITTEE OF CONFERENCE

H. 3144--Conference Report Adopted
The General Assembly, Columbia, S.C., June 6, 2002

The Committee of Conference, to whom was referred:

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

That the same do pass with the following amendments: (Reference is to Printer's Version 5/29/02--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-17-15 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 2-17-15. (A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends. Notwithstanding any other provision of law, this section does not prohibit a member of the immediate family of the Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, or a director or deputy director of a state department appointed by the Governor from serving as a lobbyist for a lobbyist principal for which he is registered with the Ethics Commission pursuant to Section 2-17-20 on May 1, 2002.

(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993."

SECTION 2. Section 2-17-20(B) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and contain:

(1) the lobbyist's full name and address, telephone number, occupation, name of employer, principal place of business, and lobbyist's position ~~held~~ in that business ~~by the lobbyis~~t;

(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; ~~and~~

(3) if the lobbyist is a member of the immediate family of a public official or director or deputy director of a state department appointed by the Governor, the identification of that public official, director, or deputy director; and

(4) certification by the lobbyist that the information contained on the registration statement is true and correct.

If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, ~~then~~ the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is ~~deemed~~ considered a lobbyist's principal as to all public offices or public bodies of the State."

SECTION 3. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:

"Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods ~~shall be~~ are from January first to March thirty-first for the April tenth report, and ~~shall be~~ are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than ~~December thirty-first of that~~ January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 4. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:

"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods ~~shall be~~ are from January first to March thirty-first for the April tenth report, and ~~shall be~~ are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than ~~December thirty-first of that~~ January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 5. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:

"Each state agency or department ~~shall~~ must, no later than April ~~first~~ tenth and October ~~first~~ tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report, and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 6. Section 2-17-90(A)(1) of the 1976 Code is amended to read:

"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"

SECTION 7. Section 2-17-90(A) of the 1976 Code is amended by adding:

"(7) as to cabinet officers, a function to which all cabinet officers are invited."

SECTION 8. Section 2-17-90(B) of the 1976 Code is amended to read:

"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."

SECTION 9. Section 8-13-100(12) of the 1976 Code is amended to read:

"(12) 'Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State~~; or~~

~~(d)~~ ~~a ballot measure~~."

SECTION 10. Section 8-13-320(9)(b) of the 1976 Code is amended to read:

"(b) No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i) that the petition is being presented for an improper purpose such as harassment or to cause delay;

(ii) that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(iii) that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or

(iv) that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief."

SECTION 11. Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission ~~shall~~ must shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."

SECTION 12. The 1976 Code is amended by adding:

"Section 8-13-365. (A) The commission must establish a system of electronic filing for disclosures and reports from all candidates and entities. In accordance with Article 13 of this chapter, reports required to be filed with the commission by candidates and committees for statewide and legislative offices after November 2, 2004, must be filed using an Internet-based filing system as prescribed by the commission. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.

(B) All disclosures and reports required to be filed in accordance with Article 13 of this chapter by candidates and committees for statewide and legislative offices for the election cycle beginning November 3, 2004, must be filed electronically according to requirements established by the commission. The commission remains the appropriate supervisory office for those candidates and committees set forth in Section 8-13-1300(1).

(C) The Ethics Commission must submit to the General Assembly a report no later than January 10, 2006, concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."

SECTION 13. Section 8-13-530(1) and (2) of the 1976 Code are amended to read:

"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;

(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i) that the petition is being presented for an improper purpose such as harassment or to cause delay;

(iv) that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief;"

SECTION 14. Section 8-13-1300(6) of the 1976 Code is amended to read:

"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office ~~or a ballot measure~~, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means ~~an individual~~ a person who, to influence the outcome of an elective office ~~or a ballot measure~~, makes:

(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or

(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.

'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."

SECTION 15. Section 8-13-1300(9) of the 1976 Code is amended to read:

"(9) 'Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State~~; or~~

~~(d)~~ ~~a ballot measure~~."

SECTION 16 Section 8-13-1300(17) of the 1976 Code is amended to read:

"(17) 'Independent expenditure' means:

(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and

(b) when taken as a whole and in context, the expenditure made by a person ~~expressly to urge a particular result in an election~~ to influence the outcome of an elective office or ballot measure but which is not:

(i) made to;

(ii) controlled by;

(iii) coordinated with;

(iv) requested by; or

(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.

Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."

SECTION 17. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:

"( ) 'Ballot measure committee' means:

(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;

(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or

(c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle.

( ) 'Influence the outcome of an elective office' means:

(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or

(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'

( ) 'Coordinated with' means:

Discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's:

(1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;

(2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;

(3) location, including the proximity to other political communications, or geographical targeting, or both;

(4) mode, including the medium (phone, broadcast, print, etc.) of the communication;

(5) intended audience, including the demographic or political targeting, or geographical targeting; and

(6) volume, including the amount, frequency, or size of the political communication."

SECTION 18. Section 8-13-1302 of the 1976 Code is amended to read:

"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee ~~shall~~ must maintain and preserve an account of:

(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;

(2) the name and address of each person making a contribution and the date of receipt of each contribution;

(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;

(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;

(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and

(6) the occupation of each person making a contribution.

(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."

SECTION 19. Section 8-13-1304 of the 1976 Code is amended to read:

"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office ~~or ballot measure~~ must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office ~~or a ballot measure~~ must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.

(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."

SECTION 20. Section 8-13-1306 of the 1976 Code is amended to read:

"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:

(1) the full name of the committee or ballot measure committee;

(2) the complete address and telephone number of the committee or ballot measure committee;

(3) the date the committee or ballot measure committee was organized;

(4) a summary of the purpose of the committee or ballot measure committee;

(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;

(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;

(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if ~~other than~~ the custodian is not one of the designated officers;

(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and

(9) a certification of the statement by the chairman and the treasurer.

(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.

(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."

SECTION 21. Section 8-13-1308(A) of the 1976 Code is amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling~~, in~~ an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate ~~or a committee that~~ who does not receive or expend campaign contributions totaling~~, in~~ an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election. In addition to the mandatory requirements of Section 8-13-365(B), any candidate or committee may file electronically."

SECTION 22. Section 8-13-1308(D)(1) of the 1976 Code is amended to read:

"(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions ~~of more than one hundred dollars~~ and expenditures. The list must be open to public inspection upon request."

SECTION 23. Section 8-13-1308 of the 1976 Code is amended by adding a new subsection to read:

"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."

SECTION 24. The 1976 Code is amended by adding:

"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.

(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).

(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.

(E) Certified campaign reports detailing campaign contributions and expenditures must contain:

(1) the total of contributions accepted by the ballot measure committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the ballot measure committee; and

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION 25. Section 8-13-1310 of the 1976 Code is amended to read:

"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.

(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.

(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the ~~State Election Commission and the~~ clerk of court in the county of residence of the person required to file.

(D) As provided in Section 8-13-1372, the State ~~Election~~ Ethics Commission must review all statements ~~forwarded to it by the State Ethics Commission~~ for inadvertent and unintentional errors or omissions."

SECTION 26. Section 8-13-1314 of the 1976 Code is amended to read:

"Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:

(1) a contribution which exceeds:

(a) ~~three~~ five thousand ~~five hundred~~ dollars in the case of a candidate for statewide office; or

(b) ~~one~~ ~~thousand~~ two thousand five hundred dollars in the case of a candidate for any other office;

(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3) a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."

SECTION 27. Section 8-13-1316 of the 1976 Code is amended to read:

"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:

(1) ~~fifty~~ seventy-five thousand dollars in the case of a candidate for statewide office;

(2) ~~five~~ seven thousand five hundred dollars in the case of a candidate for any other office.

(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:

~~(1) the operation of telephone banks;~~

~~(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or~~

~~(3) voter registration and ballot information~~.

The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."

SECTION 28. Section 8-13-1324 of the 1976 Code is amended to read:

"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.

(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."

SECTION 29. Section 8-13-1332 of the 1976 Code is amended to read:

"Section 8-13-1332. It is unlawful for:

(1) a committee or ballot measure committee to make a contribution or expenditure by using:

(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or

(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or

(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; and

(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333

~~(4)~~ ~~an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families~~."

SECTION 30. The 1976 Code is amended by adding:

"Section 8-13-1333. (A) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public;

(B) An organization or a committee of an organization may solicit contributions from the general public."

SECTION 31. Section 8-13-1348(A) of the 1976 Code is amended to read:

"Section 8-13-1348. (A) No candidate, committee, public official, or political party, or ballot measure committee may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder; nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office."

SECTION 32. Section 8-13-1366 of the 1976 Code is amended to read:

"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, ~~the State Election Commission,~~ the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court ~~may~~ shall not require any information or identification as a condition of viewing a report or reports. The ~~commissions~~ commission, ethics committees, and the county clerks of court ~~shall~~ must ensure that the reports are available for copying or purchase at a reasonable cost."

SECTION 33. Section 8-13-1368 of the 1976 Code is amended to read:

"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.

(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.

(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.

(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."

SECTION 34. Section 8-13-1370(C) of the 1976 Code is amended to read:

"(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:

(1) contributed to the ~~state's~~ State's general fund;

(2) returned pro rata to all contributors;

(3) (a) if a committee, contributed to a political party or to another committee;

(b) or if a ballot measure committee, to another ballot measure committee;

(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code ~~of 1986~~; or

(5) distributed using a combination of these options."

SECTION 35. Section 8-13-1372 of the 1976 Code is amended to read:

"Section 8-13-1372. (A) The State ~~Election~~ Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State ~~Election~~ Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.

(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."

SECTION 36. The 1976 Code is amended by adding:

"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to it, must defend the action brought against the State or its political subdivision."

SECTION 37. Section 8-13-1510 of the 1976 Code is amended to read:

"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:

(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or

(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed~~, not exceeding five hundred dollars~~."

SECTION 38. Section 8-13-1520 of the 1976 Code is amended to read:

"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. ~~A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.~~

(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.

(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."

SECTION 39. Section 2-17-20(C) of the 1976 Code is amended to read:

"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. ~~The written statement of termination is effective immediately.~~ Each lobbyist who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist was ~~registered~~ engaged in lobbying requiring him to register under this section."

SECTION 40. Section 2-17-20(G) of the 1976 Code is amended to read:

"(G) A lobbyist must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."

SECTION 41. Section 2-17-25(C) of the 1976 Code is amended to read:

"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. ~~The written statement of termination is effective immediately.~~ Each lobbyist's principal who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under this section."

SECTION 42. Section 2-17-25(G) of the 1976 Code is amended to read:

"(G) A lobbyist's principal must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."

SECTION 43. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 44. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 45. This act takes effect upon approval by the Governor except that Sections 9, 10, 13-24, 26-31, 33, and 34 of this act takes effect January 1, 2003, and govern only transactions which take place after December 31, 2002. /

Amend title to conform.

Sen. Arthur Ravenel, Jr.          /s/ Rep. W, Douglas "Doug" Smith
/s/ Sen. Thomas L. Moore          /s/ Rep. James H. Harrison
/s/ Sen. Larry A. Martin          Rep. Seth Whipper
On Part of the Senate.         On Part of the House.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3049 (Word version) -- Reps. Campsen, Altman, Simrill, Cotty and Knotts: A BILL TO AMEND SECTION 17-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE THAT A DEFENDANT HOSPITALIZED ON THESE GROUNDS WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY OF A VIOLENT CRIME MAY NOT LEAVE THE SOUTH CAROLINA STATE HOSPITAL PREMISES UNLESS AN EMPLOYEE OF THE HOSPITAL IS PHYSICALLY PRESENT WITH THE DEFENDANT AT ALL TIMES AND TO DEFINE "VIOLENT CRIME" FOR THIS PURPOSE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4607 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-8200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ASSESS AN OPTIONAL ADDITIONAL FORTY DOLLAR FEE FOR THIS LICENSE PLATE, AND TO PROVIDE FOR THE DISTRIBUTION OF THIS OPTIONAL FEE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "WALTER T. COX BOULEVARD".
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5284 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE WHICH CROSSES OVER THE SOUTHERN CONNECTOR ON STANDING SPRINGS ROAD IN GREENVILLE COUNTY AS THE "PRESTON J. TUCKER, SR., BRIDGE" IN HONOR OF THIS FINE SOUTH CAROLINIAN.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5285 (Word version) -- Reps. Campsen and Ott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN OR MARKER ON SULLIVAN'S ISLAND ON THE EASTERN SIDE OF THE BRIDGE, CURRENTLY UNDER CONSTRUCTION THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 TO COMMEMORATE THE BATTLE OF SULLIVAN'S ISLAND AND COLONEL WILLIAM THOMSON, WHO LED THE AMERICAN FORCES AT THE BATTLE OF SULLIVAN'S ISLAND WHICH DEFEATED A BRITISH CONTINGENT ON JUNE 28, 1776.
Very respectfully,
Speaker of the House

Received as information.

Motion to Ratify Amended and Adopted

At 3:29 P.M., Senator MARTIN asked unanimous consent to make a motion to amend the motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:45 P.M.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.

The House returned the Bill with amendments.

Amendment No. 1

Senator RICHARDSON proposed the following Amendment No. 1 (12R001), which was adopted:

Amend the bill, as and if amended, by striking on page 2, lines 1 through 14 and inserting:

/ Section 59-40-30. (A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.

(B) It is the intent of the General Assembly that creation of this chapter encourages cultural diversity, educational improvement, and academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina./

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

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

The House returned the Bill with amendments.

Amendment No. 1

Senator RANKIN proposed the following Amendment No. 1 (1047R001.LAR), which was subsequently withdrawn:

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

/ SECTION ____. Section 61-6-1610(B) of the 1976 Code, as added by Act 415 of 1996, 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." /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator RYBERG argued contra to the adoption of the amendment.

RECESS

At 3:35 P.M., with Senator RYBERG retaining the floor, on motion of Senator SETZLER, the Senate receded from business not to exceed two minutes.

At 3:50 P.M., the Senate resumed.

Objection

Senator HAYES asked unanimous consent to make a motion to take up S. 977 for immediate consideration.

Senator SETZLER objected.

The Senate resumed consideration of S. 1047.

Senator RYBERG continued arguing contra to the adoption of the amendment.

With Senator RYBERG retaining the floor, Senator GREGORY asked unanimous consent to make a motion to take up the Report of the Committee of Conference on S. 379.

There was no objection.

S. 379--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Conference to S. 379 was adopted as follows:

S. 379--Conference Report

The General Assembly, Columbia, S.C., June 6, 2002

The Committee of Conference, to whom was referred:

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

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

/ SECTION 1. Section 50-5-15 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(62) 'Skim-bow net' means a net constructed of webbing not greater than two and one-half inches, stretched mesh, hung within a frame formed by a length of wood or other material looped and attached upon itself end to end forming a loop having no distance across greater than fifteen feet.

(63) 'Stretch' as used to describe the measure of mesh of nets means that the material is pulled snugly but not to the point of lengthening the single or multi-strand line of the netting. Measurement is made across the widest dimension of the mesh when so pulled."

SECTION 2. Section 50-5-15(1), (19), (27), (37), (54), and (60) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(1) 'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass, and includes landlocked stocks of those fish."

"(19) 'Dredge' means equipment used for harvesting bottom dwelling aquatic life which is not a ~~net~~ trawl and is powered by mechanical means, and is designed to ~~contract~~ contact the bottom when in operation."

"(27) 'Herring' means any or all life stages of the river ~~anadromous~~ herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)."

"(37) 'Peeler trap' means a trap constructed of one inch or smaller hexagonal wire which is:

(a) unbaited; or

(b) baited with only one live male ~~crabs.~~ crab and may have one single piece of fish having no dimension greater than three inches."

"(54) 'Striker' means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman., but does not use separate commercial equipment on a vessel which is engaged in commercial fishing."

"(60) 'Trawling' means fishing with a trawl or having any part of a trawl ~~net or its associated equipment~~ door in the water."

SECTION 3. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-32.(A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.

(B) The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.

(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.

(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.

(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.

(F) It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION 4. Section 50-5-35 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-35. (A) In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.

(B) Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection."

SECTION 5. Section 50-5-65(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B) ~~Any perishable item seized by the department must be sold and the proceeds retained until final adjudication of the case. Upon a finding of not guilty, the proceeds must be returned.~~ Any perishable item seized, the sale of which is ~~not lawful,~~ illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed. provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty."

SECTION 6. Section 50-5-70 of the 1976 Code, as last amended by Act 245 of 2000, is further amended to read:

"Section 50-5-70. The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value."

SECTION 7. Section 50-5-120 of the 1976 Code, as last amended by Act 245 of 2000, is amended to read:

"Section 50-5-120. (A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding~~, and cooperate with department personnel,~~ by law enforcement officers, or U.S. Coast Guard personnel.

(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C) ~~The~~ Any operator, or crew ~~members~~ member, or ~~both~~ passenger, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION 8. Section 50-5-300(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident."

SECTION 9. Section 50-5-310(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident."

SECTION 10. Section 50-5-325(A), (D), (F), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) Commercial equipment, excluding vessels, used, in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:

(1) to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;

(2) to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;

(3) to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;

(4) to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;

(5) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;

(6) to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;

(7) to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;

(8) to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;

(9) to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents."

"(D) No person may hold or apply for ~~more than one trap license.~~ a separate license resulting in avoidance of a license fee differential specified in this section."

(F) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display a on its port and starboard sides current identification ~~decal~~ decals provided by the department.

"(G) An The department may require an owner or operator who uses commercial equipment~~, except for traps for taking blue crabs,~~ without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. ~~must affix a department issued identification number and tag for each piece of commercial equipment being used.~~ The owner and operator are responsible for assuring the number and tag are affixed."

"(H) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340."

SECTION 11. Section 50-5-330 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:

"(E) A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION 12. Section 50-5-335 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-335. (A) The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses. ~~An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person.~~ unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:

(1) marking or lighting of channel nets;

(2) distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or

(3) distance between channel nets and other fishing devices.

(B) An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person."

SECTION 13. Section 50-5-350(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification ~~decal~~ decals provided by the department.

SECTION 14. Section 50-5-360(A) and (F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products ~~taken or~~ landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control."

"(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section ~~50-5-375(A)~~ 50-5-365(A)."

SECTION 15. Section 50-5-365(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(F) A Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION 16. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-366. (A) Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:

(1) the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;

(2) the date on which the shrimp were purchased or received; and

(3) the quantity of shrimp purchased or received.

(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.

(1) when selling his catch of shrimp to a licensed seafood dealer, or

(2) who is a licensed wholesale seafood dealer.

(D) Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months."

SECTION 17. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-367. (A) It is unlawful to sell or to offer for sale shrimp taken over bait.

(B) Any person or entity violating the provisions of ~~subsection (a)~~ this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, used in violation of this section must be seized.

SECTION 18. Section 50-5-370(A) and (B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. ~~This~~ As to the products specified, this section does not apply to ~~persons receiving live bait from a licensed live bait dealer.~~ :

(1) persons receiving live bait from a licensed live bait dealer; or

(2) persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.

(B) No person may remove from this State for a commercial purpose any saltwater fish or fishery products ~~taken,~~ landed, ~~produced, or cultured~~ in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received."

SECTION 19. Section 50-5-505(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D) No haul seine may be set within five hundred yards on of any public fishing pier."

SECTION 20. Section 50-5-510(E), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(E) The following requirements apply to channel nets used in the salt waters of this State:

(1) the width at the mouth measured across the float or head line must not exceed eighty feet;

(2) no channel net may be operated from a trawler;

(3) a channel net must be marked with ~~a buoy,~~ three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon; attached outside of the tailbag or codend; and

(4) a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile."

"(G) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days. No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.

(H) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."

SECTION 21. Section 50-5-515(B)(2) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(2) A soft TED must be constructed and installed so as to conform to the ~~following~~ specifications:

~~(a)~~ ~~webbing must be polypropylene or polyethylene;~~

~~(b)~~ ~~stretched mesh size may not exceed six inches;~~

~~(c)~~ ~~the horizontal, taut length of the panel may not exceed one hundred twenty inches;~~

~~(d)~~ ~~the width of the panel at the leading edge may not exceed two hundred twenty-nine inches;~~

~~(e)~~ ~~the escape opening may not be less than seventy-two inches;~~

~~(f) the TED panel must form a complete barrier inside the net forward of the codend;~~

~~(g)~~ ~~the TED panel must slope upwards with the escape opening being on the top of the net just forward of the panel's attachment to the top of the net;~~

~~(h)~~ an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch. of the National Marine Fisheries Service for soft TED's."

SECTION 22. Section 50-5-520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-520. In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements ~~related~~ relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices."

SECTION 23. Section 50-5-545 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-545. (A) Except as provided in this section, ~~From~~ from June 1 through March 14, ~~all~~ a crab ~~traps~~ trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches ~~of the base~~ of the horizontal partition or the base of the trap.

(B) Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. ~~Traps constructed of one-inch mesh wire and baited only with live male blue crabs are peeler~~ Peeler traps ~~and~~ are exempt year round."

SECTION 24. Section 50-5-550(A) and (C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than ~~two~~ five inches marked with the operator's name and bait dealer license number."

"(C) Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy and must be unobstructed and visible when the buoy is at rest in the water."

SECTION 25. Section 50-5-710 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-710. (A) Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for ~~Any~~ a person ~~who violates this subsection by trawling~~ to trawl inside the General Trawling Zone:

(1) one-quarter nautical mile or less during the closed season;

(2) more than one-quarter nautical mile during the closed season;

(3) one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(4) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;

(5) more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or

(6) one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.

A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.

Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. ~~Any~~ A person who violates this subsection by trawling outside the General Trawling Zone:

(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or

(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.

Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter.

SECTION 26. Section 50-5-715(A)(6) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(6) Based on NOS chart 11521 (~~2nd~~ 22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32� 33.55' N, longitude 080� 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32� 37.18' N, longitude 079� 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and ~~becoming~~ northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning."

SECTION 27. Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is further amended to read:

"Section 50-5-765. (A) Except as provided in this section, A a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.

(B) Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:

(1) must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height, or

(2) must have a federally approved leatherback or double cover flap hard turtle excluder device modification.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than ~~two~~ five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days~~, and any such net is contraband~~."

SECTION 28. Section 50-5-960(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:

(1) there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;

(2) no person may ~~gather more than one personal limit of shellfish per day~~ harvest shellfish recreationally on more than two calendar days per any seven-day period; and

(3) regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination."

SECTION 29. Section 50-5-965(D), (E), (F), and (G) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(D) It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(E) It is unlawful for any person~~, including a commercial saltwater fisherman licensed or permitted to take shellfish,~~ to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department. A person, including a commercial saltwater fisherman, who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars.

(F) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(G) In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses."

SECTION 30. Section 50-5-985(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The department annually may set the season for taking shellfish between September 16 of any year through ~~April~~ May 15 of the following year, inclusive. It is unlawful for a person to take or attempt to take any shellfish from shellfish grounds during the closed season. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION 31. Section 50-5-1100(H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(H) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two ~~hundred~~ thousand dollars or and not more than five thousand dollars and may be imprisoned for not more than thirty days and the shrimp baiting privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter."

SECTION 32. Section 50-5-1505 of the 1976 Code, as last amended by an act bearing ratification number 38 of 2001, is further amended to read:

"Section 50-5-1505. The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body as a zone. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article. It is unlawful to possess more than the legal limit of shad, herring, or sturgeon.

~~(1)~~ In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

~~(a)~~ Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries as follows:

~~( i)~~ ~~Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:~~

~~(1)~~ ~~Season: February 1 through April 30;~~

~~(2)~~ ~~Times: Noon Monday through Noon Saturday;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(ii)~~ ~~Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:~~

~~(1)~~ ~~Season: February 1 through April 15;~~

~~(2)~~ ~~Times: Monday Noon to Saturday Noon, local time;~~

~~(3)~~ ~~Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(b)~~ ~~Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:~~

~~(i)~~ ~~Rediversion Canal from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:~~

~~Season: No open season;~~

~~(ii)~~ ~~Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:~~

~~(1)~~ ~~Season: February 1 through April 30;~~

~~(2)~~ ~~Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(iii)~~ ~~Wilson Dam seaward to U.S. Highway 52 bridge:~~

~~Season: No open season.~~

~~(iv)~~ ~~U.S. Highway 52 bridge seaward to SC Highway 41 bridge:~~

~~(1)~~ ~~Season: February 1 through April 30;~~

~~(2)~~ ~~Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(v)~~ ~~U.S. Highway 41 bridge seaward:~~

~~(1)~~ ~~Season: February 1 through March 31;~~

~~(2)~~ ~~Times: Monday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(c)~~ ~~Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:~~

~~( i)~~ ~~Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:~~

~~Season: No open season.~~

~~(ii)~~ ~~Cooper River from Wadboo Creek to U.S. Highway 17:~~

~~Season: No open season.~~

~~(iii)~~ ~~Ashley River seaward to its confluence with Popper Dam Creek:~~

~~(1)~~ ~~Season: February 1 through March 31;~~

~~(2)~~ ~~Times: Wednesday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: No restrictions;~~

~~(4)~~ ~~Size and take limits--None.~~

~~(iv)~~ ~~Remainder of the Charleston Harbor system:~~

~~(1)~~ ~~Season: February 1 through March 31;~~

~~(2)~~ ~~Times: Wednesday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Drift gill nets only;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(d)~~ ~~Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:~~

~~( i)~~ ~~Above U.S. Highway 17 bridge:~~

~~(1)~~ ~~Season: January 15 through April 15;~~

~~(2)~~ ~~Times: Tuesday noon to Saturday noon, local time;~~

~~(3)~~ Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter.

~~(4)~~ ~~Size and take limits: No limits.~~

~~(ii)~~ ~~Seaward of U.S. Highway 17 bridge:~~

~~(1)~~ ~~Season: January 1 through March 31;~~

~~(2)~~ ~~Times: Wednesday noon to Friday midnight, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(e)~~ ~~Ashepoo River and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: February 1 through March 31;~~

~~(2)~~ ~~Times: Friday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(f)~~ ~~Combahee River and all tributaries and distributaries thereto as follows:~~

~~( i)~~ ~~Tributaries and distributaries, except main stems of Salkehatchie Rivers:~~

~~Season: No open season.~~

~~(ii)~~ ~~Main river above U.S. Highway 17-A bridge including main stems of Salkehatchie Rivers:~~

~~(1)~~ ~~Season: January 15 through March 31;~~

~~(2)~~ ~~Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(iii)~~ ~~Main river below U.S. Highway 17-A but above U.S. Highway 17 bridge:~~

~~(1)~~ ~~Season: January 15 through March 31;~~

~~(2)~~ ~~Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(iv)~~ ~~Main river seaward of U.S. Highway 17 bridge:~~

~~(1)~~ ~~Season: January 15 through March 31;~~

~~(2)~~ ~~Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(g)~~ ~~Coosawhatchie River and all tributaries and distributaries thereto as follows:~~

~~Season: No open season.~~

~~(h)~~ ~~South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:~~

~~( i)~~ ~~Main river above U.S. Interstate Highway 95 bridge:~~

~~(1)~~ ~~Season: January 1 through April 15;~~

~~(2)~~ ~~Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(ii)~~ ~~Tributaries and distributaries above U.S. Interstate Highway 95 bridge:~~

~~Season: No open season.~~

~~(iii)~~ ~~Seaward of U.S. Interstate Highway 95 bridge.~~

~~(1)~~ ~~Season: January 1 through March 31. Taking or attempting to take shad with~~ ~~anchored~~ ~~nets is prohibited at all times in the Savannah's, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;~~

~~(2)~~ ~~Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(i)~~ ~~Atlantic Ocean territorial sea as follows:~~

~~(1)~~ ~~Season: February 1 through March 31;~~

~~(2)~~ ~~Times: 7:00 a.m. Tuesday to 7:00 p.m Saturday, local time;~~

~~(3)~~ Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

~~(4)~~ ~~Size and take limits: No limits.~~

~~(j)~~ ~~Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net,~~ ~~and~~ ~~lift net, and hook and line;~~

~~(4)~~ ~~Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad.~~

~~(2)~~ In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

~~(1)~~ ~~Season: February 15 through April 15;~~

~~(2)~~ ~~Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~( i )~~ ~~Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the dep~~ ~~artment seaward to Wilson Dam Boat Landing:~~

~~(1)~~ ~~February 15 through April 30 for herring only;~~

~~(2)~~ ~~Times: Sunrise Monday to sunset Thursday, as locally published;~~

~~(3)~~ Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.

~~(4)~~ Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats. No additional boat may be used to increase a person's daily take.

~~(ii)~~ ~~Rediversion Canal:~~

~~(1)~~ ~~Season: March 1 through April 30;~~

~~(2)~~ ~~Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;~~

~~(3)~~ Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stevens Powerhouse, except with hook and line from March 1 through April 15;

~~(4)~~ ~~Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats.~~

~~(iii)~~ ~~Santee River seaward of Wilson Boat Landing:~~

~~Season: No open season.~~

~~(i)~~ ~~Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:~~

~~(1)~~ ~~Season: March 1 through April 30;~~

~~(2)~~ ~~Times: Sunrise as locally published to 10:00 p.m.;~~

~~(3)~~ Methods and equipment: Circular drop nets with a maximum six foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

~~(4)~~ ~~Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats.~~

~~(ii)~~ ~~Cooper River from CSX railroad to U.S. Highway 17 bridges:~~

~~Season: No open season.~~

~~(iii)~~ ~~Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:~~

~~(1)~~ ~~Season: February 15 through April 15;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Any lawful method and equipment;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(d)~~ ~~Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net, lift net, and hook and line;~~

~~(4)~~ ~~Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.~~

~~(e)~~ ~~Lake Jocassee and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(f)~~ ~~Lake Keowee and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(g)~~ ~~Lake Hartwell and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(h)~~ ~~Lake Richard B. Russell and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(i)~~ ~~Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(j)~~ ~~Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(k)~~ ~~Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(l)~~ ~~Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Cast net and hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(m)~~ ~~Lake Monticello and all tributaries and distributaries thereto as follows:~~

~~(1)~~ ~~Season: No closed season;~~

~~(2)~~ ~~Times: No restrictions;~~

~~(3)~~ ~~Methods and equipment: Hook and line;~~

~~(4)~~ ~~Size and take limits: No limits.~~

~~(3)~~ In addition to other provisions of law, the following provisions are effective until promulgated as regulations and govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

~~(a)~~ ~~Territorial sea:~~

~~Season: No open season.~~

~~(b)~~ ~~Internal waters:~~

~~Season: No open season.~~"

SECTION 33. Chapter 5 of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1506. In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(a) Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(i) Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1) Season: February 1 through April 30;

(2) Times: noon Monday through Noon Saturday;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(ii) Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1) Season: February 1 through April 15;

(2) Times: Monday noon to Saturday noon, local time;

(3) Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;

(4) Size and take limits: No limits.

(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

(i) Rediversion Canal from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:

Season: No open season;

(ii) Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:

(1) Season: February 1 through April 30;

(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(iii) Wilson Dam seaward to U.S. Highway 52 bridge:

Season: No open season.

(iv) U.S. Highway 52 bridge seaward to SC Highway 41 bridge:

(1) Season: February 1 through April 30;

(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(v) S.C. Highway 41 bridge seaward:

(1) Season: February 1 through March 31;

(2) Times: Monday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(c) Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i) Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii) Cooper River from Wadboo Creek to U.S. Highway 17:

Season: No open season.

(iii) Ashley River seaward to its confluence with Popper Dam Creek:

(1) Season: February 1 through March 31;

(2) Times: Wednesday noon to Saturday noon, local time;

(3) Methods and equipment: No restrictions;

(4) Size and take limits: None.

(iv) Remainder of the Charleston Harbor system:

(1) Season: February 1 through March 31;

(2) Times: Wednesday noon to Saturday noon, local time;

(3) Methods and equipment: Drift gill nets only;

(4) Size and take limits: No limits.

(d) Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

( i) Above U.S. Highway 15 bridge:

(1) Season: January 15 through April 15;

(2) Times: Tuesday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter;

(4) Size and take limits: No limits.

(ii) Seaward of U. S. Highway 15 bridge and above U. S. Highway 17 bridge:

(1) Season: January 15 through April 15;

(2) Times: Tuesday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(iii) Seaward of U.S. Highway 17 bridge:

(1) Season: January 1 through March 31;

(2) Times: Wednesday noon to Friday midnight, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(e) Ashepoo River and all tributaries and distributaries thereto as follows:

(1) Season: February 1 through March 31;

(2) Times: Friday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(f) Combahee River and all tributaries and distributaries thereto as follows:

(i) Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii) Main river including main stems of Salkehatchie Rivers:

(1) Season: January 15 through March 31;

(2) Times: For anchored nets, Tuesday noon to Friday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(g) Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(h) South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

(i) Main river above U.S. Interstate Highway 95 bridge:

(1) Season: January 1 through April 15;

(2) Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(ii) Tributaries and distributaries above U.S. Interstate Highway 95 bridge:

Season: No open season.

(iii) Seaward of U.S. Interstate Highway 95 bridge.

(1) Season: January 1 through March 31. Taking or attempting to take shad with anchored nets is prohibited at all times in the Savannah River's Little Back River, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2) Times: 7:00 a.m. Tuesday to 7:00 p.m. Friday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

( i) Atlantic Ocean territorial sea as follows:

(1) Season: February 1 through March 31;

(2) Times: 7:00 a.m. Tuesday to 7:00 p.m. Saturday, local time;

(3) Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4) Size and take limits: No limits.

( j) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net, and lift net ~~and hook and line~~;

(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad."

SECTION 34. Chapter 5 of Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1507 In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(1) Season: February 15 through April 15;

(2) Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

( i) Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the department seaward to Wilson Dam Boat Landing:

(1) Season: February 15 through April 30 for herring only;

(2) Times: Sunrise Monday to sunset Thursday, as locally published;

(3) Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing.

(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.

(ii) Rediversion Canal:

(1) Season: March 1 through April 30;

(2) Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;

(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephen Powerhouse, except with hook and line from March 1 through April 15;

(iii) Santee River seaward of Wilson Boat Landing:

Season: No open season.

(c) Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

( i) Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1) Season: March 1 through April 30;

(2) Times: Sunrise as locally published to 10:00 p.m.;

(3) Methods and equipment: Circular drop nets with a maximum six foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

(4) Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats and no additional boat may be used to increase a person's daily take.

(ii) Cooper River from CSX Railroad to U.S. Highway 17 bridges:

Season: No open season.

(iii) Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:

(1) Season: February 15 through April 15;

(2) Times: No restrictions;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(d) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net, lift net, and hook and line;

(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(e) Lake Jocassee and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Hook and line;

(4) Size and take limits: No limits.

(f) Lake Keowee and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(g) Lake Hartwell and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(h) Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(i) Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(j) Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(k) Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(l) Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(m) Lake Monticello and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: cast net and hook and line;

(4) Size and take limits: No limits."

SECTION 35. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1508. In addition to other provisions of law, the following provisions ~~are effective until promulgated as regulations and~~ govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(a) Territorial sea:

Season: No open season.

(b) Internal waters:

Season: No open season."

SECTION 36. Section 50-5-1510(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The following special provisions apply to shad and herring:

(1) It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring.

(2) It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. A Except from sanctuaries designated by the department, a recreational fisherman may take shad ~~and~~ or herring:

(a) by hook and line and cast net at any time of the year,

(b) by skim-bow net from February 1 through April 30; and

(c) by licensed gill net during those times provided in this article for commercial fishing. ~~except from sanctuaries designated by the department.~~

(3) It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.

(4) Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.

(5) It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.

(6) A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, 'anchored' includes the use of any weight not part of the normal construction of the net.

(7) No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.

~~(7)~~(8) In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.

~~(8)~~(9) A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

~~(9)~~(10) Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

~~(10)~~(11) A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

~~(11)~~(12) A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet.

~~(12)~~(13) A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times.

~~(13)~~(14) A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it.

(15) Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold.

(B)(1) For a violation of subsection (A)(6) or ~~(A)(7),~~ (A)(8), a person is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.

(2) A person who takes or attempts to take shad or herring in violation of any other subsection of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(3) Each net set or fished in violation of this section constitutes a separate offense."

SECTION 37. Section 50-5-1515 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:

"Section 50-5-1515. (A) Except as provided in this section, a person taking or attempting to take shad by cast net, skim-bow net, or by hook and line including rod and reel may take or possess no more than an aggregate of ten American and hickory shad in any one day.

(B) A person taking or attempting to take shad by hook and line including rod and reel in the Santee River may take or possess no more than an aggregate of twenty American and hickory shad in any one day.

(C) No shad taken by cast net, skim-bow net, or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license."

SECTION 38. Section 50-5-1540 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1540. No shad, herring, or sturgeon net may be fished so that the net, including its cables, lines, or attached devices extends over more than one-half the width of the river, stream, or water course, regardless of the stage of the tide, river stage, or method of net deployment. (A) No shad, herring, or sturgeon net, including its cables, lines, or attached devices, either set, drift, or fished in the waters of this State may be of a length greater than one-half the normal width of the water body at the place where used, regardless of the stage of the tide, river stage, water level, or method of net deployment.

(B) No net may be:

(1) ~~placed, drifted, or operated~~ set within six hundred feet of any gill net previously ~~deployed~~ set; or

(2) drifted within six hundred feet of another drifting net; or

~~(2)~~(3) placed or set within seventy-five feet of the confluence of any tributary.

(C) Nothing in this section prevents a lawfully drifted gill net from passing within six hundred feet of a lawfully anchored gill net."

SECTION 39. Section 50-5-1560(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(B) In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of a person charged with a violation ~~of a provision of this chapter or of a regulation promulgated hereunder~~ pertaining to setting nets in proximity to navigation jetties. Upon conviction, seized items are forfeited to the State and become contraband and must be disposed of as provided in this chapter."

SECTION 40. Section 50-5-1915 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1915. (A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department. The logs must be submitted as prescribed or approved by the department. A person licensed to operate a charter ~~boat~~ fishing vessel who fails to maintain or submit a log as required is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, ~~and the privilege of the person or entity to hold the charter boat license must be suspended for six months.~~ and a subsequent charter fishing vessel license must not be issued until the requirements of this subsection are met.

(B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. The logs must be submitted as prescribed or approved by the department. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days and a subsequent license must not be issued until the requirements of this subsection are met."

SECTION 41. Section 50-5-2100(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The department may grant mariculture permits for collection, importation, and holding of saltwater gamefish, or for other fish for which there are size or possession limits, for brood stock and for the propagation, holding, transport, and processing of the fish produced through mariculture as defined in Section 50-5-15. Mariculture permits granted under this section may allow the take of such fish and may specify conditions related to lawful collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit a mariculture operation to take and possess the fish outside of the size and possession limits provided in this chapter. The department may limit the number of permits granted for taking brood stock."

SECTION 42. Section 50-5-2505 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2505. (A) Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points assigned to a violation must be charged against him under a point category. Point categories are:

(1) commercial, and

(2) recreational.

Points resulting from any violation must be assigned under only one point category.

(B) Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.

(C) Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.

(D) For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.

~~(E)~~ The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.

~~(F)~~(E) Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State."

SECTION 43. Section 50-5-2510 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2510. (A) The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category. Privileges related to each point category are as follows:

(1) commercial: any and all commercial saltwater fishing license, equipment license, and bait dealer license, and

(2) recreational: marine recreational fishing stamp, pier license, charter ~~boat~~ fishing vessel license, shrimp baiting license, and any other saltwater licenses utilized for recreational purposes.

(B) Any suspension under this article begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year."

SECTION 44. Section 50-5-2515 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2515. ~~(A)~~ Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of any saltwater privilege, the department must notify ~~him~~ the person or entity in writing, return receipt requested, that his saltwater privilege has been suspended, and he the person or entity must return all the suspended licenses, stamps, or permits in his name to the department within ten days.

~~(B)~~ The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request.

~~(C)~~ If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department."

SECTION 45. Section 50-5-2520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under ~~Article 3, Chapter 23 of Title 1~~ the Administrative Procedures Act."

SECTION 46. Section 50-5-2725(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) The size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts prescribed by those federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) ~~and pertaining to the Fishery Management Plan for Sharks of the Atlantic Ocean~~ are declared to be the law of this State and apply statewide including in state waters. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized."

SECTION 47. Section 50-5-2730 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2730. Unless otherwise provided by law, any regulations promulgated by the federal government under the Fishery Conservation and Management Act (PL 94-265) or the Atlantic Tuna Conservation Act (PL 94-70) which establishes seasons;, fishing periods;, gear restrictions;, sales restrictions, or bag, catch, size, or possession limits on fish are declared to be the law of this State and apply statewide including in state waters."

SECTION 48. Section 50-21-175 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-21-175. (A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding~~, and cooperate with department personnel,~~ by law enforcement officers, or U.S. Coast Guard personnel.

(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.

(C) ~~The~~ Any operator, or crew ~~members,~~ member, or ~~both~~, passenger of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."

SECTION 49. Section 50-5-65(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(F) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter ~~may~~ ~~constitute~~ is a separate offense."

SECTION 50. Section 50-5-1100(L) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(L) Each quart of shrimp taken in violation of the provisions of this section ~~may constitute~~ is a separate offense."

SECTION 51. Section 50-5-1330(G) of the 1976 Code, as added by Act 245 of 2000, is amended read:

"(G) A person who violates this section or a condition of a permit issued hereunder is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each horseshoe crab or part thereof in violation ~~may be considered~~ is a separate offense."

SECTION 52. Section 50-5-1715 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1715. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article ~~may constitute~~ is a separate offense."

SECTION 53. Section 50-5-2100(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C) A person who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department in an amount equal to the value of the fish. Each fish taken, imported, or possessed in violation of this section ~~may constitute~~ is a separate offense."

SECTION 54. Section 50-5-2105(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each fish sold or offered for sale in violation of this section ~~may constitute~~ is a separate offense."

SECTION 55. Section 50-5-2740 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-2740. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish, lobster, or other marine resource taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article ~~may constitute~~ is a separate offense."

SECTION 56. Section 50-5-2735 of the 1976 Code is repealed.

SECTION 57. The Code Commissioner is authorized and directed to renumber and reletter paragraphs, subparagraphs, items, and subitems in this act to conform to the codification scheme of the 1976 Code.

SECTION 58. This act takes effect upon approval by the Governor. /

Amend title to conform.

/s/ Sen. Greg Gregory             /s/ Rep. Amos Lee Gourdine
/s/ Sen. Arthur Ravenel           /s/ Rep. John W. Riser
/s/ Sen. J. Yancey McGill         /s/ Rep. Dwight A. Loftis
On Part of the Senate.                    On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND VARIOUS SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 379 (Word version) -- Senator Gregory: A BILL TO AMEND VARIOUS SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000; AND TO REPEAL SECTIONS 50-5-120 AND 50-5-2735 OF THE 1976 CODE. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

RECESS

At 3:58 P.M., on motion of Senator SHORT, the Senate receded from business not to exceed two minutes.

At 4:02 P.M., the Senate resumed.

The Senate resumed consideration of S. 1047.

Senator RYBERG continued arguing contra to the adoption of the amendment.

With Senator RYBERG retaining the floor, Senator HAYES asked unanimous consent to make a motion to take up the Report of the Committee of Conference on H. 4337.

There was no objection.

H. 4337--FREE CONFERENCE POWERS GRANTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

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

Senator HAYES spoke on the report.

On motion of Senator HAYES, with unanimous consent, Free Conference Powers were granted.

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

On motion of Senator HAYES, the Report of the Committee of Free Conference to H. 4337 was adopted as follows:

H. 4337--Free Conference Report
The General Assembly, Columbia, S.C., June 6, 2002

The Committee of Conference, to whom was referred:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.

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

That the same do pass with the following amendments: (Reference is to Printer's Version 5/23/02--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. This act may be cited as the "South Carolina Estimated Income Tax Payment Reform Act".

B. Section 12-6-3910 of the 1976 Code is amended to read:

"Section 12-6-3910. (A) South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:

(1) the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars ~~rather than five hundred dollars~~;

(2) income for the first installment for corporations is annualized using the first ~~two~~ three months of the taxable year;

(3)(a) The due dates of the installment payments for calendar year taxpayers other than corporations are:

First quarter: April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: January 15 of the following taxable year.

(b) The due dates of the installment payments for calendar year corporations are:

First quarter: ~~March~~ April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: December 15.

(c) In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.

(B) Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.

(C) To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:

(1) refund; or

(2) credit for estimated ~~income~~ tax for the succeeding taxable year~~; or~~.

~~(3)~~ ~~credit against the corporate license fee for the current taxable year in the case of corporations.~~

(D) For corporate taxpayers, estimated tax payments will be deemed to apply first to income taxes and then apply to license fees."

C. Section 12-6-4980(B) of the 1976 Code is amended to read:

"(B) When a taxpayer ~~other than a corporation~~ is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Any ~~tax~~ taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to any extension of time granted for filing the return."

D. Section 12-20-20(C) of the 1976 Code is amended to read:

"(C) The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980~~(A)~~. An extension of time for filing does not extend the time for paying the license fee due."

E. Section 12-54-55 of the 1976 Code is amended to read:

"Section 12-54-55. In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:

(1) in the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld;

(2) in the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:

~~(a)~~ the small amount provisions are one hundred dollars ~~rather than five hundred dollars;~~.

~~(b)~~ the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and

~~(c)~~ ~~for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year.~~"

F. This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002.

SECTION 2. Section 12-6-1130(9) of the 1976 Code is amended to read:

"(9) If for federal income tax purposes a taxpayer claims a credit which requires a reduction of basis to Section 38 property under Internal Revenue Code Section ~~48(q) or 49(d)~~ 50(c), the taxpayer may deduct the amount of the basis reduction for South Carolina income tax purposes by the amount of the basis reduction in the tax year in which basis is reduced for federal income tax purposes. ~~If a taxpayer makes an election under Internal Revenue Code Section 48(q)(4) to reduce the credit and not the basis, this subitem does not apply.~~"

SECTION 3. A. Section 12-6-1140(10) of the 1976 Code is amended to read:

"(10) ~~three hundred dollars for taxable year 1999 and~~ three thousand dollars for ~~taxable year 2000 for~~ a volunteer firefighter, or rescue squad member, or volunteer member of a Hazardous Materials (HAZMAT) Response Team not otherwise eligible for this exemption. For taxable years after 2000, the Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction."

B. Section 23-9-190 of the 1976 Code, as added by Act 100 of 1999, is amended to read:

"Section 23-9-190. (A) The State Fire Marshal shall establish a performance-based point system for volunteer firefighters, ~~and~~ volunteer rescue squad members, and volunteer members of a Hazardous Materials (HAZMAT) Response Team. Members receiving annually a minimum number of points set by the Fire Marshal are eligible for the deduction allowed pursuant to Section 12-6-1140. Points must be awarded for a year as follows:

(1) participation in approved training, including:

(a) certified interior firefighter;

(b) emergency vehicle driver training;

(d) incident command systems;

(e) rural water supply;

(f) automobile extrication;

(g) certified instructor training;

(h) certified inspector training;

( i) certified public fire education training;

( j) officer training.;

(k) HAZMAT operations;

( l) HAZMAT technician;

(m) HAZMAT specialist.

(2) possessing a commercial or Class E driver's license;

(3) participation in first aid/medical training such as:

(a) first responder;

(b) EMT--basic;

(d) paramedic.

(4) participation in public fire education programs;

(5) attendance at meetings;

(6) station staffing; and

(7) volunteer response.

(B) The Fire Marshal shall, in consultation with the South Carolina State Firemen's Association and in the case of volunteer HAZMAT Teams, county emergency services directors:

(1) develop a standardized form and recordkeeping system and provide a master copy of all information and forms to each fire department, ~~and~~ rescue squad, and HAZMAT Response Team in the State;

(2) provide training to the various fire chiefs or rescue squad leaders and county emergency services directors on the use of the forms and the outline of the program;

(3) advertise the availability of the program.

(1) provide written records to each member by January 31 of the year following the applicable tax year that shows the points obtained by each member for the previous tax year;

(2) maintain a copy of records for each member for at least seven years;

(3) certify the report for each member;

(4) provide to the Department of Revenue by January 31 of the year following the applicable tax year copies of the records forwarded to members pursuant to item (1) of this subsection. Each member's social security number must be included in the copies forwarded to the department."

SECTION 4. A. Section 12-36-2610 of the 1976 Code is amended to read:

"Section 12-36-2610. When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 is filed and the taxes due on it are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount as follows:

(1) on taxes shown to be due by the return of less than one hundred dollars, three percent;

(2) on taxes shown to be due by the return of one hundred dollars or more, two percent.

In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, for taxpayers filing electronically, the discount may not exceed three thousand one hundred dollars. ~~However, a~~ A person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."

B. Section 12-54-250(A) of the 1976 Code is amended to read:

"(A) The South Carolina Department of Revenue may require, consistent with the cash management policies of the State Treasurer, that any person owing ~~twenty~~ fifteen thousand dollars or more in connection with any return, report, or other document to be filed with the department shall pay the tax liability to the State no later than the date the payment is required by law to be made in funds which are available immediately to the State on the date of payment. Payment in immediately available funds may be made by any means established by the department, with the approval of the State Treasurer, which ~~insures~~ ensures the availability of those funds to the State on the date of payment. Evidence of the payment must be furnished to the department on or before the due date of the tax as provided by law. Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments."

C. Section 12-4-580(D)(1) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(1) 'Governmental entity' means the State and any state agency, board, committee, department, ~~private or~~ public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and departments. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members."

D. Notwithstanding any other effective date in this act, this section takes effect July 1, 2002.

SECTION 5. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2002./

Amend title to read:
/ TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES. /

/s/ Sen. C. Bradley Hutto         /s/ Rep. Robert S. Perry, Jr.
/s/ Sen. Thomas C. Alexander      /s/ Rep. George E. Campsen III
/s/ Sen. Robert W. Hayes, Jr.     /s/ Rep. Herb Kirsh
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and has been granted Free Conference Powers and has appointed Reps. Campsen, Perry and Kirsh to the Committee of Free Conference on the part of the House on:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSION OF TIME FOR FILING A STATE INCOME TAX RETURN, SO AS TO APPLY ITS PROVISIONS TO CORPORATE INCOME TAXPAYERS; TO AMEND SECTION 12-20-20, RELATING TO FILING OF CORPORATE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE SPECIFIC REQUIREMENTS FOR A CORPORATE TAXPAYER; TO AMEND SECTION 12-6-1130, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE TAX PURPOSES, SO AS TO DELETE REFERENCES TO CERTAIN INTERNAL REVENUE CODE SECTIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE FOR A THREE THOUSAND DOLLAR DEDUCTION FOR A VOLUNTEER FIREFIGHTER, RESCUE SQUAD MEMBER, OR VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS RESPONSE TEAM (HAZMAT); TO AMEND SECTION 23-9-190, RELATING TO THE PERFORMANCE BASED POINT SYSTEM FOR VOLUNTEER EMERGENCY WORKERS, SO AS TO INCLUDE MEMBERS OF HAZMAT; TO AMEND SECTION 12-36-2610, RELATING TO THE DISCOUNT FOR PAYMENT OF THE SALES AND USE TAX, SO AS TO LIMIT THE DISCOUNT TO THREE THOUSAND ONE HUNDRED DOLLARS FOR A TAXPAYER FILING ELECTRONICALLY; TO AMEND SECTION 12-54-250, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE, SO AS TO REQUIRE PAYMENT ON IMMEDIATELY AVAILABLE FUNDS TO REDUCE THE DEBT THRESHOLD FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 12-4-580, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT FOR THE COLLECTION OF DEBTS, SO AS TO DELETE A REFERENCE TO PRIVATE INSTITUTION AS A GOVERNMENTAL ENTITY; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
Very respectfully,
Speaker of the House

Received as information.

H. 4337--ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.

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

There was no objection.

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

Amendment No. 1

Senator LAND proposed the following amendment (4257R001.JCL), which was adopted:

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

/ TO AUTHORIZE THE LEE COUNTY SCHOOL DISTRICT TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

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

SECTION 1. (A) The Lee County School District is authorized to charge and collect incidental fees from pupils to help pay the costs of items used by students including, but not limited to, textbooks, school supplies, and special courses, programs, or activities in which students participate provided the following criteria are met:

(1) the fee must be necessary to meet the expenses of the district;

(2) the fee must be reasonable; and

(3) the items for which the fee is charged must be part of the district's educational program.

(B) The district may not deny a student the right to attend school or be promoted because of failure to pay the fees authorized under this act.

(C) The board of trustees of the district shall establish procedures and guidelines for the waiver of the fees authorized by this act for those students who are eligible for free or reduced lunches.

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

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

The Senate resumed consideration of S. 1047.

Senator RYBERG continued arguing contra to the adoption of the amendment.

Objection

With Senator RYBERG retaining the floor, Senator RANKIN asked unanimous consent to make a motion to withdraw Amendment No. 1.

Senator RYBERG objected.

Objection

With Senator RYBERG retaining the floor, Senator RANKIN asked unanimous consent to make a motion to take up H. 4650 for immediate consideration.

Senator RYBERG objected.

With Senator RYBERG retaining the floor, Senator KNOTTS asked unanimous consent to make a motion to take up H. 3761 for immediate consideration.

There was no objection.

NONCONCURRENCE

H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.

The House returned the Bill with amendments.

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

The Senate resumed consideration of S. 1047.

Senator RYBERG continued arguing contra to the adoption of the amendment.

With Senator RYBERG retaining the floor, Senator LEVENTIS asked unanimous consent to make a motion to take up H. 3423 for immediate consideration.

There was no objection.

CONCURRENCE

The House returned the Bill with amendments.

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

With Senator RYBERG retaining the floor, Senator LEATHERMAN asked unanimous consent to make a motion to take up S. 852 for immediate consideration.

There was no objection.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Harrell, Cooper and R. Smith to the Committee of Free Conference on the part of the House on:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Very respectfully,
Speaker of the House

Received as information.

S. 852--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

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

Senator LEATHERMAN spoke on the report.

On motion of Senator LEATHERMAN, with unanimous consent, Free Conference Powers were granted.

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

On motion of Senator LEATHERMAN, the Report of the Committee of Free Conference on S. 852 was adopted as follows:

Free Conference Report
The General Assembly, Columbia, S.C., June 6, 2002

The Committee of Free Conference, to whom was referred:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.

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

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-44-30(13) of the 1976 Code is amended to read:

"(13) 'Investment period' means the period beginning sixty days before the county takes action or identifies the project under Section 12-44-40(C), and ending five years after the commencement date; except that for a project with an enhanced investment as described above, the period ends eight years after the commencement date. The minimum investment must be completed within five years of the commencement date. For an enhanced investment, the enhanced investment must be completed within eight years of the commencement date. If the sponsor does not anticipate completing the project within this period, the sponsor may apply to the county before the end of the period for an extension of time to complete the project. If the county agrees to an extension, it must do so in writing and furnish a copy of the extension to the Department of Revenue within thirty days of the date the extension was granted. The extension may not exceed ~~two~~ five years in which to complete the project. An extension is not allowed for the time period in which the sponsor must meet the minimum investment requirement."

SECTION 2. Section 12-44-90 of the 1976 Code is amended by adding at the end:

"(H) The department, for good cause, may allow additional time for filing of returns required under this chapter. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

SECTION 3. Section 4-29-67 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:

"( )(1) All agreements entered into pursuant to this section must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(a) the legal name of each party to the agreement;

(b) the county and street address of the project and property to be subject to the agreement;

(d) the length and term of the agreement;

(e) the assessment ratio applicable for each year of the agreement;

(f) the millage rate applicable for each year of the agreement;

(g) a schedule showing the amount of the fee and its calculation for each year of the agreement;

(h) a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(i) a statement answering the following questions:

(i) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(ii) Is disposal of property subject to the fee allowed?;

(iii) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(iv) Will payment amounts be modified using a net present value calculation?; and

(v) Do replacement property provisions apply?

(j) any other feature or aspect of the agreement which may affect the calculation of subitems (g) and (h) of this item;

(k) a description of the effect upon the schedules required by subitems (g) and (h) of this item of any feature covered by subitems (i) and (j) not reflected in the schedules for subitems (g) and (h);

(l) which party or parties to the agreement are responsible for updating any information contained in the summary document.

(2) The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l) and that payment must be distributed to the affected taxing entities according to the schedule in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l)."

SECTION 4. Chapter 12, Title 4 of the 1976 Code is amended by adding:

"Section 4-12-45. (A) All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1) the legal name of each party to the agreement;

(2) the county and street address of the project and property to be subject to the agreement;

(3) the minimum investment agreed upon;

(4) the length and term of the agreement;

(5) the assessment ratio applicable for each year of the agreement;

(6) the millage rate applicable for each year of the agreement;

(7) a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8) a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9) a statement answering the following questions:

(a) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b) Is disposal of property subject to the fee allowed?;

(c) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d) Will payment amounts be modified using a net present value calculation? and

(e) Do replacement property provisions apply?

(10) any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(11) a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsection;

(12) which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B) The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10), (11), or (12)."

SECTION 5. Chapter 44, Title 12 of the 1976 Code is amended by adding:

"Section 12-44-55. (A) All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1) the legal name of each party to the agreement;

(2) the county and street address of the project and property to be subject to the agreement;

(3) the minimum investment agreed upon;

(4) the length and term of the agreement;

(5) the assessment ratio applicable for each year of the agreement;

(6) the millage rate applicable for each year of the agreement;

(7) a schedule showing the amount of the fee and its calculation for each year of the agreement;

(8) a schedule showing the amount to be distributed annually to each of the affected taxing entities;

(9) a statement answering the following questions:

(a) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b) Is disposal of property subject to the fee allowed?;

(c) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d) Will payment amounts be modified using a net present value calculation?; and

(e) Do replacement property provisions apply?

(10) any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsection;

(12) which party or parties to the agreement are responsible for updating any information contained in the summary document.

SECTION 6. Title 12 of the 1976 Code is amended by adding:

"CHAPTER 35

The Simplified Sales and Use Tax

Administration Act

Section 12-35-10. This act may be cited as the 'Simplified Sales and Use Tax Administration Act'.

Section 12-35-20. As used in this chapter:

(1) 'Agreement' means the Streamlined Sales and Use Tax Agreement.

(2) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

(3) 'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the seller's sales tax functions.

(4) 'Department' means the South Carolina Department of Revenue.

(5) 'Director' means the director of the department.

(6) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.

(7) 'Sales tax' means the tax imposed pursuant to Article 9, Chapter 36 of this title.

(8) 'Seller' means a person making sales, leases, or rentals of personal property or services.

(9) 'State' means a state of the United States and the District of Columbia.

(10) 'Use tax' means the tax imposed pursuant to Article 13, Chapter 36 of this title.

Section 12-35-30. The General Assembly finds that a simplified sales and use tax system will reduce and over time eliminate the burden and cost for all vendors to collect this State's sales and use tax. The General Assembly further finds that this State should participate in multistate discussions to review or amend, or both, the terms of the agreement to simplify and modernize sales and use tax administration in order substantially to reduce the burden of tax compliance for all sellers and for all types of commerce.

Section 12-35-40. For the purposes of reviewing or amending, or both, the agreement embodying the simplification requirements as contained in Section 12-35-70 of this chapter, this State shall enter into multistate discussions. For purposes of the discussions, this State must be represented by four delegates. The four delegates are the director of the department or the director's designee, the Chairman of the House Ways and Means Committee or the chairman's designee, the Chairman of the Senate Finance Committee or the chairman's designee, and one delegate appointed by the Governor from the business community. Any decision concerning the agreement must be made by a majority of this State's delegation present at the meeting. Members of the delegation shall receive the mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions, and must be paid from sales and use tax collections.

Section 12-35-50. The department shall enter into the Streamlined Sales and Use Tax Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the agreement, the department may act jointly with other states that are members of the agreement to establish standards for certification of a certified service provider and certified automated system and establish performance standards for multistate sellers.

The department or the director's designee also may take other actions reasonably required to implement the provisions set forth in this chapter. Other actions authorized by this section include, but are not limited to, the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement.

The director or the director's designee may represent this State before the other states that are signatories to the agreement.

Section 12-35-60. No provision of the agreement authorized by this chapter in whole or part invalidates or amends any provision of the law of this State. Adoption of the agreement by this State does not amend or modify any law of this State. Implementation of any condition of the agreement in this State, whether adopted before, at, or after membership of this State in the agreement, must be by the action of this State.

Section 12-35-70. The department shall not enter into the Streamlined Sales and Use Tax Agreement unless the agreement requires each state to abide by the following requirements:

(1) Simplified State Rate. The agreement must set restrictions to limit over time the number of state rates.

(2) Uniform Standards. The agreement must establish uniform standards for the following:

(a) the sourcing of transactions to taxing jurisdictions;

(b) the administration of exempt sales;

(3) Central Registration. The agreement must provide a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.

(4) No Nexus Attribution. The agreement must provide that registration with the central registration system and the collection of sales and use taxes in the signatory states is not used as a factor in determining whether the seller has nexus with a state for any tax.

(5) Local Sales and Use Taxes. The agreement must provide for reduction of the burdens of complying with local sales and use taxes through the following:

(a) restricting variances between the state and local tax bases;

(b) requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes do not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions;

(c) restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes;

(d) providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.

(6) Monetary Allowances. The agreement must outline any monetary allowances that are to be provided by the states to sellers or certified service providers.

(7) State Compliance. The agreement must require each state to certify compliance with the terms of the agreement before joining and to maintain compliance, under the laws of the member state, with all provisions of the agreement while a member.

(8) Consumer Privacy. The agreement must require each state to adopt a uniform policy for certified service providers that protects the privacy of consumers and maintains the confidentiality of tax information.

(9) Advisory Councils. The agreement must provide for the appointment of an advisory council of private sector representatives and an advisory council of nonmember state representatives to consult with in the administration of the agreement.

Section 12-35-80 The agreement authorized by this chapter is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.

Section 12-35-90. (A) The agreement authorized by this chapter binds and inures only to the benefit of this State and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person other than a state is established by the law of this State and the other member states and not by the terms of the agreement.

(B) Consistent with subsection (A), no person has any cause of action or defense under the agreement or by virtue of this state's approval of the agreement. No person, in any action brought under any provision of law, may challenge any action or inaction by any department, agency, or other instrumentality of this State, or any political subdivision of this State on the ground that the action or inaction is inconsistent with the agreement.

(C) No law of this State, or the application of the law, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement.

Section 12-35-100. (A) A certified service provider is the agent of a seller, with whom the certified service provider has contracted, for the collection and remittance of sales and use taxes. As the seller's agent, the certified service provider is liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set out in this section.

A seller that contracts with a certified service provider is not liable to the state for sales or use tax due on transactions processed by the certified service provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller is not subject to audit on the transactions processed by the certified service provider. A seller is subject to audit for transactions not processed by the certified service provider. The member states acting jointly may perform a system check of the seller and review the seller's procedures to determine if the certified service provider's system is functioning properly and the extent to which the seller's transactions are being processed by the certified service provider.

(B) A person that provides a certified automated system is responsible for the proper functioning of that system and is liable to the state for underpayments of tax attributable to errors in the functioning of the certified automated system. A seller that uses a certified automated system remains responsible and is liable to the state for reporting and remitting tax.

(C) A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system is liable for the failure of the system to meet the performance standard."

SECTION 7. A. Section 4-12-30(C)(2), as last amended by Act 399 of 2000, is further amended to read:

"(2) From the end of the property tax year in which the sponsor and the county execute the initial lease agreement, the sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the sponsor does not anticipate completing the project within five years, the sponsor may apply to the county before the end of the five-year period for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing, and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed ~~two~~ five years in which to complete the project. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or agreements, reverts retroactively to the payments required by Section 4-12-20. The difference between the fee actually paid by the sponsor and the payment which is due under Section 4-12-20 is subject to interest, as provided in Section 12-54-25(D). Any property placed in service after the five-year period, or ~~seven~~ up to ten years in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-12-20 if the county has title to the property, or to property taxes, as provided in Chapter 37 of Title 12 if the sponsor has title to the property.

For purposes of those businesses qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years ~~and the seven-year period is ten years~~."

B. Section 4-12-30(Q) of the 1976 Code, as last amended by Act 149 of 1997, is further amended by adding an item at the end to read:

"(8) The department, for good cause, may allow additional time for filing of returns required under this chapter. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

C. Section 4-29-67(C)(2)(a) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(a) From the end of the property tax year in which the investor and the county execute the initial lease agreement, the investor has five years in which to complete its investment for purposes of qualifying for this section. If the investor does not anticipate completing the project within five years, the investor may apply to the county before the end of the five-year period for an extension of time, up to ~~two~~ five years, to complete the project. The county's agreement to grant the extension must be in writing, and a copy must be delivered to the Department of Revenue within thirty days of the date the extension was granted."

D. Section 4-29-67(C)(2)(c) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(c) Unless property qualifies as replacement property pursuant to a contract provision enacted pursuant to subsection (F)(2), property placed in service after the five-year period, or ~~seven~~ up to ten years in the case of a project which has received an extension, is not part of the fee agreement pursuant to subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to:

(i) the property; or

(ii) to property taxes, as provided in Chapter 37 of Title 12, if the investor has title to the property."
E. Section 4-29-67(S) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item at the end to read:

"(7) The department, for good cause, may allow additional time for filing of returns required under this section. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."

F. Section 12-10-80(A)(9) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(9) Each qualifying business claiming in excess of ten thousand dollars in a calendar year must furnish ~~an audited~~ to the council and to the department a report ~~prepared by an independent certified public accountant~~ that itemizes the sources and uses of the funds. The ~~audited~~ report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown. The department shall impose a penalty pursuant to Section 12-54-210 for all reports filed after June thirtieth or the approved extension date, whichever is later. The department shall audit each qualifying business with claims in excess of ten thousand dollars in a calendar year at least once every three years to verify proper sources and uses of the funds."

G. Section 12-10-80(C)(3) of the 1976 Code, as last amended by Act 399 of 2000, is further amended by adding two new subitems at the end to read:

"(h) training for all relevant employees that enable a company to export or increase a company's ability to export its products, including training for logistics, regulatory, and administrative areas connected to the company's export process and other export process training that allows a qualified company to maintain or expand its business in this State;

(i) apprenticeship programs."

H. Chapter 10, Title 12 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding:

"Section 12-10-105. In addition to the application fee provided in Section 12-10-100, an additional annual fee of one thousand dollars must be remitted by those qualifying businesses receiving in excess of ten thousand dollars of job development credits in one calendar year to the department to be used to reimburse the Department of Revenue for costs incurred auditing reports required pursuant to Section 12-10-80(A)."

I. Section 12-37-220(B)(11) of the 1976 Code is amended by adding a subitem at the end to read:

"(e) All property of nonprofit housing corporations or solely-owned instrumentalities of these corporations which is devoted to providing housing to low or very low income residents. A nonprofit housing corporation must satisfy the safe harbor provisions of Revenue Procedure 96-32 issued by the Internal Revenue Service to qualify for this exemption."

SECTION 8. A. Section 12-6-3910 of the 1976 Code is amended to read:

"Section 12-6-3910. (A) South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:

(1) the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars ~~rather than five hundred dollars~~;

(2) income for the first installment for corporations is annualized using the first ~~two~~ three months of the taxable year;

(3)(a) The due dates of the installment payments for calendar year taxpayers other than corporations are:

First quarter: April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: January 15

of the following

taxable year.

(b) The due dates of the installment payments for calendar year corporations are:

First quarter: ~~March~~ April 15

Second quarter: June 15

Third quarter: September 15

Fourth quarter: December 15.

(c) In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.

(B) Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.

(C) To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:

(1) refund; or

(2) credit for estimated ~~income~~ tax for the succeeding taxable year~~; or~~.

~~(3)~~ ~~credit against the corporate license fee for the current taxable year in the case of corporations.~~

(D) For corporate taxpayers, estimated tax payments will be deemed to first apply to income taxes and then apply to license fees."

B. Section 12-6-4980(B) of the 1976 Code is amended to read:

C. Section 12-20-20(C) of the 1976 Code is amended to read:

D. Section 12-54-55 of the 1976 Code is amended to read:

(1) In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld.

(2) In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:

~~(a)~~ the small amount provisions are one hundred dollars ~~rather than five hundred dollars;~~.

~~(c)~~ ~~for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year.~~"

E. This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002.

SECTION 9. Section 12-56-20(1) of the 1976 Code is amended to read:

"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, or any other governmental or quasi governmental entity of any state or the United States. It includes the South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service, and the United States Department of Education. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to ~~Chapters~~ Chapter 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."

SECTION 10. The second paragraph of Section 59-20-20(3) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"The index must be determined annually by the Department of Revenue from sales ratio data based on the most recent studies made which correspond with the base year assessments used to compute the current index pursuant to Section 12-43-250 for assessed property within a school district. The base year is the second completed taxable year preceding the fiscal year in which the index is used. The Department of Revenue shall provide ~~the index~~ a preliminary index by ~~November~~ December first of each year end and a final index by February first of each year to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before February first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue. In determining sales to assessment ratio, the Department of Revenue shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."

SECTION 11. Section 12-36-910(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"

SECTION 12. Section 12-36-1310(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

SECTION 13. Section 12-54-195 of the 1976 Code, as added by Act 89 of 2001, is amended to read:

"Section 12-54-195. (A) As used in this section, 'responsible person' includes any officer, partner, or employee of the taxpayer who has a duty to pay to the department ~~the~~ any state or local sales tax due by the taxpayer or use tax required or authorized to be collected by the retailer pursuant to Chapter 36 of this title or with respect to any local sales and use tax collected by the department on behalf of a political subdivision of the State.

(B) If a retailer adds and collects ~~the~~ a state or local sales tax as permitted by Section 12-36-940, or collects ~~the~~ a state or local use tax from the purchaser as required by Section 12-36-1350, but the retailer fails to remit the tax collected to the department, then ~~any~~ a responsible person may be held liable, individually and personally, for ~~a penalty equal to one hundred percent of~~ the tax collected but not remitted to the department, along with penalties and interest from the date the tax was due. The tax, penalties, and interest is are not collectible from the retailer to the extent the ~~penalty~~ tax, penalties, and interest imposed by this subsection is are collected from a responsible person."

SECTION 14. Section 12-6-1130(9) of the 1976 Code is amended to read:

SECTION 15. Section 12-43-220(c)(2)(ii) of the 1976 Code is amended to read:

"(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:

"Under penalty of perjury I certify that:

(A) the residence which is the subject of this application is my legal residence and where I am domiciled at the time of this application and that I do not claim to be a legal resident of a jurisdiction other than South Carolina for any purpose; and

(B) that neither I nor any other member of my household is residing in or occupying any other residence ~~in South Carolina~~ which I or any member of my immediate family has qualified for the special assessment ratio allowed by this section."

SECTION 16. A. Section 12-21-3920(4) and (6) of the 1976 Code are amended to read:

"(4) 'Promoter' means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.

(6) 'Session' means a consecutive series of games which must occur only between ~~one o'clock p.m. and one o'clock a.m~~ the hours of 12:00 p.m. and 2:00 a.m. No more than one session, limited to twelve hours, may occur during the permitted ~~twelve-hour~~ fourteen-hour period. Regardless of the starting time within the permitted period, the session may not extend beyond 2:00 a.m. These limitations do not apply to games operated by state or county fairs."
B. Section 12-21-3950(B) of the 1976 Code is amended to read:

"(B) Upon application for a license, the department has ~~thirty~~ forty-five days to approve or reject the application based on the requirements of this article."

C. Section 12-21-3990(A)(1) and (2) of the 1976 Code are amended to read:

"(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay ~~no more than~~ face value for each card to be played during the course of a game and may purchase the card for a specified number of games. All cards sold for a game must sell for face value and cards may not be given to players as prizes or for free. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.

(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each ~~game~~ game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins."

D. Section 12-21-4000(12)(b) of the 1976 Code is amended to read:

"(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."

E. Section 12-21-4000 of the 1976 Code is amended by adding at the end:

"(15) The house may hold promotions of special events during a session offering players prizes other than from the play of bingo not to exceed one hundred dollars in cash or merchandise for each session. This amount is not to be paid out of the bingo account and is not included in total payouts for a session. There is no additional charge to players to participate in a special promotion. The promotion must not be a form of gambling or a game of chance."

F. Section 12-21-4020(2) and (3) of the 1976 Code are amended to read:

"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than ~~three~~ five bingo sessions a week.

(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards ~~in lieu~~ instead of the paper cards required by this article.

To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:

(a) be operated solely by volunteers;

(b) the person managing, conducting, or operating the bingo game ~~may~~ must not be paid or otherwise be compensated and must be a designated member of the organization;

(d) all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;

(e) the organization ~~must~~ may lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;

(f) the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization;

(g) one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes."

G. Section 12-21-4080(A) of the 1976 Code is amended to read:

"(A) Upon completion of the session, the promoter or the organization member representative shall ~~deliver to the representative member of the organization~~ deposit the gross proceeds from the session less the amount paid out as prizes ~~and collected as entrance fees~~ into the bingo checking account. If the promoter is authorized by the organization to make the session deposit, the promoter shall deliver to the organization representative evidence that the deposit was made in a timely manner. This evidence must be furnished no later than the next business day following the day of the bingo session on which the proceeds were obtained."

H. Section 12-21-4090(C) of the 1976 Code is amended to read:

"(C) An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be deposited in the bingo account, unless there is a deficit, and then both the organization and promoter shall deposit a loan equal to fifty percent of the deficit. Each loan deposited into the bingo checking account must be accounted for on the quarterly financial reports filed with the department. Detailed information substantiating these loans must be maintained by the organization. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State."

I. Section 12-21-4120 of the 1976 Code is amended to read:

"Section 12-21-4120. ~~A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request.~~ Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."

J. Section 12-21-4210 of the 1976 Code is amended to read:

"Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If an organization operating a bingo game ceases operation within fifteen days from the purchase of the last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization then shall pay the balance of the voucher less the value of returned paper."

K. Section 12-21-4270 of the 1976 Code is amended to read:

"Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter, outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420."

L. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-4005. The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Section 12-21-2710, 16-19-40, and 16-19-50.

Section 12-21-4300. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

M. Notwithstanding any other effective date provided in this act, this section takes effect October 1, 2002.

SECTION 17. The 1976 Code is amended by adding:

"Section 12-2-90. (A) As used in this section, `fee-in-lieu of tax' means the amount required to be paid by the owners or lessees of any property in an industrial or business park pursuant to the provisions of Section 13(D) of Article VIII of the Constitution of this State and its implementing statutes.

(B) For purposes of the collection and enforcement of the fee-in-lieu of tax:

(1) Owners and lessees of any property in an industrial or business park shall file returns and other information as if the property were taxable.

(2) Returns are due at the same time as property tax returns would be due if the property were taxable.

(3) The fee-in-lieu of tax is due at the same time as property tax payments would be due if the property were taxable.

(4) Failure to make a timely fee-in-lieu of tax payment or to file required returns shall result in penalties being assessed as if the payment or return were a property tax payment or return.

(5) The provisions of this title which are applicable to the collection and enforcement of property taxes apply to the collection and enforcement of the fee-in-lieu of tax and, for purposes of applying those provisions, the fee-in-lieu of tax is considered a property tax. The provisions of Section 12-54-155 do not apply to this section.

(C) The provisions of this section are in addition to and do not affect any other provision of law relating to the collection and enforcement of other forms of payments in-lieu of taxes."

SECTION 18. Title 2 of the 1976 Code is amended by adding:

"CHAPTER 41

Joint Committee on Taxation

Section 2-41-10. There is established the Joint Committee on Taxation composed of nine members. The nine members must be appointed as follows:

(1) three Senators appointed by the Chairman of the Senate Finance Committee;

(2) three members of the House of Representatives appointed by the Chairman of the Ways and Means Committee; and

(3) three representatives of the business community, one being a certified public accountant, appointed by the Governor.

Members of the Senate and House of Representatives serve ex-officio. The committee chairman must be one of the legislative members and the vice-chairman must be one of the business community members. Both officers are to be elected by the membership of the committee. The terms of members appointed by the Governor shall be coterminous with the term of the appointing Governor.

Section 2-41-20. The committee must:

(1) make a detailed and careful study of the revenue laws of the State, together with all other laws of the State which have a bearing upon the study of the revenue laws, and to make recommendations to the General Assembly;

(2) provide for the revision of revenue laws so as to develop a more easily understandable and workable system of revenue laws for the State;

(3) recommend changes in the basic tax structure of the State and in the rates of taxation, together with predicted revenue effects of the charges together with proposed alternate sources of revenue, to the end that our revenue system may be stable and equitable, and yet so fair when compared with the tax structures of other states, that business enterprises and persons would be encouraged by the economic impact of the South Carolina revenue laws to move themselves and their business enterprises into the State;

(4) recommend study of alternate sources of revenue found in the tax structures of other states, and particularly in the other southeastern states, and to make a report of the economic impact of the South Carolina tax structure upon the business enterprises of various types of industry, as compared with those of other southeastern states; and

(5) make recommendations for long-range revenue planning and for future amendments of the revenue laws of South Carolina.

Section 2-41-30. The committee may:

(1) hold public hearings;

(2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and

(3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions.

Section 2-41-40. The committee may adopt by majority vote rules not inconsistent with this chapter it considers proper with respect to matters relating to the discharge of its duties under this chapter.

Section 2-41-50. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Revenue, and other state agencies and institutions.

Section 2-41-60. The committee must make reports and recommendations to the General Assembly and the Governor by June 30, 2006, at which time the committee will be dissolved. These findings and recommendations must be published and made available to the public.

Section 2-41-70. The members of the committee are entitled to receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. These expenses must be paid from approved accounts of their respective appointing authority. All other costs and expenses of the committee must be paid in equal proportion by the Senate, the House of Representatives, and the Office of the Governor, but only after the expenditures have been approved in advance by the President Pro Tempore of the Senate, the Speaker of the House, and the Governor."

SECTION 19. A. Section 59-2-70 of the 1976 Code, as added by Act 72 of 2001, is amended by adding a new subsection appropriately numbered to read:

"( ) Beneficiaries may be changed in any account by an account owner as desired to the extent not prohibited by federal law."

B. Section 59-2-80(C) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(C) The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal. Withdrawals of the principal amount of contributions that are not qualified withdrawals must be recaptured into South Carolina income subject to tax to the extent the contributions were previously deducted from South Carolina taxable income."

C. Section 59-2-80(D) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(D) Contributions to an each investment trust account created under this chapter by a resident of this State or a nonresident required to file a State of South Carolina income tax return ~~for any year~~ are deductible from South Carolina income subject to tax ~~for that year~~ up to the limit of maximum contributions allowed to such accounts under Section 529 of the Internal Revenue Code of 1986, as amended, including funds transferred to an investment trust account from another qualified ~~college investment account~~ plan, as allowable under Section 529 of the Internal Revenue Code of 1986, as amended, and to the extent that the transferred funds were not permitted a state income tax deduction previously under ~~state law. The deduction for funds transferred from another qualified college investment account shall be allowable in the year in which the funds are transferred~~ South Carolina law.

For purposes of this subsection, the term 'qualified plan' means any plan qualified under Section 529 of the Internal Revenue Code of 1986, as amended.

State income tax deductions as provided for in this section may be taken in any taxable year for contributions and rollovers made during that taxable year, and up to April fifteenth of the succeeding year, or the due date of a taxpayer's state income tax return excluding extensions, whichever is longer."

D. The 1976 Code is amended by adding:

"Section 59-2-85. The Comptroller General and the chief financial officers of state agencies, departments, and institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through payroll deduction to the program. The State Treasurer is authorized to devise a method whereby private and nonprofit businesses or organizations may arrange for employees to contribute through payroll deduction to the program."

E. Section 12-6-1140(11) of the 1976 Code, as added by Act 72 of 2001, is amended to read:

"(11) ~~a contribution~~ contributions to the South Carolina Tuition Prepayment Program as to the extent provided in Section 59-4-100 and to the South Carolina College Investment Program to the extent provided in Section 59-2-80."

F. Notwithstanding any other effective date provided in this act, the provisions of this section take effect upon approval of this act by the Governor and apply for taxable years beginning after 2002.

SECTION 20. Section 12-10-80(C)(3)(f) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:

"(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14) or relocation expenses associated with new national corporate headquarters as defined in Section 12-6-3410(J)(1)(a) that qualify for the enhanced corporate income tax credit under Section 12-6-3410(D);"

SECTION 21. The first paragraph of Section 9-9-60(3) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"A member who has attained the age of seventy and one-half years and has twenty-five years of service or who has attained the age of 70 or has 30 years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months after the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system."

SECTION 22. A. Section 4-10-330(A)(3) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(3)(a) If the county proposes to issue bonds to provide for the payment of any costs of the projects, the maximum amount of bonds to be issued, whether the sales tax proceeds are to be pledged to the payment of the bonds and, if other sources of funds are to be used for the projects, specifying the other sources;

(b) the maximum cost of the project or facilities ~~funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax~~, or portion of the project or portion of the facilities, to be funded from proceeds of the tax or bonds issued as provided in this article and the maximum amount of net proceeds expected to be used to pay the cost or debt service on the bonds, as the case may be; and"

B. Section 4-10-330(D) of the 1976 Code, as added by Act 138 of 1997, is amended by adding a paragraph at the end to read:

"If the referendum includes the issuance of bonds, the question must be revised to include the principal amount of bonds proposed to be authorized by the referendum and the sources of payment of the bonds if the sales tax approved in the referendum is inadequate for the payment of the bonds."

C. Section 4-10-340(B)(2) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question the end of the calendar quarter during which the Department of Revenue receives a certificate under Section 4-10-360 indicating that no more bonds approved in the referendum remain outstanding that are payable from the sales tax and that all the amount of the costs of the projects approved in the referendum will have been paid upon application of the net proceeds during this quarter."

D. Section 4-10-360 of the 1976 Code, as amended by Act 93 of 1999, is further amended to read:

"Section 4-10-360. The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively. Within thirty days of the receipt of any quarterly payment, the county treasurer or the county administrator shall certify to the Department of Revenue amounts of net proceeds applied to the costs of each project and the amount of project costs remaining to be paid and, if bonds have been issued that were approved in the referendum, a schedule of payments remaining due on the bonds that are payable from the net proceeds of the sales tax authorized in the referendum."

E. A. Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. However, a referendum to reimpose an existing tax as permitted above may only be held once whether or not the referendum is held on a general election day or at another time. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law."

F. Section 4-10-340(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(A) If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the reimposition of an existing sales and use tax imposed pursuant to this article is approved in the referendum, the new tax is imposed immediately following the termination of the earlier imposed tax. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months."

G. A county holding a referendum and adopting an ordinance pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code, before the effective date of this section in which the ordinance provides that the proceeds of the sales tax would be used to repay bonds issued to fund project costs may continue to collect the tax and apply the revenue to the repayment of the bonds while any of these bonds remain outstanding, but in no event may the tax be collected for any period longer than the maximum term of the tax provided in the referendum.

SECTION 23. Except where otherwise provided, this act takes effect upon approval by the Governor. /

Amend title to conform.

/s/ Sen. Hugh Leatherman          /s/ Rep. J. R. Smith
/s/ Sen. Robert Hayes             /s/ Rep. D. Cooper
/s/ Sen. Thomas Moore             /s/ Rep. R. Harrell, Jr.
On Part of the Senate.                    On Part of the House.

, and a message was sent to the House accordingly.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the adoption of the Free Conference Report on S. 852.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

Received as information.

With Senator RYBERG retaining the floor on S. 1047, Senator PINCKNEY asked unanimous consent to make a motion to take up H. 3129 for immediate consideration.

There was no objection.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.

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

There was no objection.

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

Amendment No. 1

Senators RAVENEL and PINCKNEY proposed the following Amendment No. 1 (DKA\3085MM02), which was adopted:

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

/ SECTION 1. Section 8 of Act 369 of 1959, as last amended by Act 727 of 1978, is further amended to read:

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

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

Objection

Senator RANKIN asked unanimous consent to make a motion that a further amendment be taken up for immediate consideration.

Senator RYBERG objected.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3129 (Word version) -- Reps. Kirsh, Vaughn, Altman and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX SO AS TO PROVIDE AN EXEMPTION FOR PRESCRIPTION MEDICINE USED IN THE TREATMENT OF RENAL DISEASE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Objection

With Senator RYBERG retaining the floor on S. 1047, having voted on the prevailing side, Senator RANKIN moved to reconsider the vote whereby the Bill was given a third reading.

Senator RYBERG objected.

Objection

With Senator RYBERG retaining the floor on S. 1047, Senator SHORT asked unanimous consent to make a motion to take up S. 977 for immediate consideration.

Senator GLOVER objected.

With Senator RYBERG retaining the floor on S. 1047, Senator MARTIN asked unanimous consent to make a motion to take up S. 290 for immediate consideration.

Senator BAUER moved to carry over the Bill.

Senator HAYES objected to the motion to carry over the Bill.

The question then was the motion to take up S. 290 for immediate consideration.

There was no objection.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senators McCONNELL, MOORE, MARTIN and HUTTO proposed the following amendment (DKA\3083MM02), which was adopted:

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

/ SECTION 1. A. Section 3 of Act 789 of 1952 is amended to read:

"Section 3. ~~Such~~ The authority shall consist of a board of seven members as follows: (1), the Mayor of Clinton, ex officio, shall serve as a member o f the authority and shall hold office for a terms corresponding to his term as Mayor of Clinton; (2), the Mayor of Newberry, ex-officio, shall serve as a member of the authority and shall hold office for a term corresponding to his term as Mayor of Newberry; (3), the Municipal Council of each of Clinton and Newberry shall elect two members of their respective councils who shall serve. ex officio, as members of the authority and shall hold office for terms corresponding to their respective terms as such councilmen. Immediately following the effective date of this act, the respective Municipal Councils of Clinton and Newberry shall adopt resolutions designating the members of the council chosen for membership on the authority; certified copies of such resolutions shall be filed with the official records of the authority; Similar action shall be taken upon the expiration of the term of any of the members who are designated by the respective Municipal Councils of Clinton and Newberry. In making the foregoing ex officio designations, the General Assembly finds that the successful operation of the natural gas system has a distinct relation to the welfare of Clinton and Newberry. It has, therefore, determined that those responsible for the operation of such municipalities should likewise participate in the operation of the authority. The six members so designated shall, at their first meeting, elect a seventh member, who shall reside in the service area of the authority. Such seventh member, upon his qualification, shall hold office for a term expiring four years from the date of his appointment or when his successor shall have been selected and shall have qualified, whichever shall last occur. At the expiration of the term of the seventh member, a successor shall be elected for a further term of four years. At each expiration of the term of the seventh member, his successor shall be appointed in the same manner for a term of four years who must be appointed by the legislative delegations representing Laurens and Newberry Counties, for terms of four years. In order to stagger terms, four members shall be appointed for terms of four years and three members must be appointed for terms of two years. At the expiration of the two-year terms, successors must be appointed for terms of four years. All members must reside in Newberry and Laurens Counties. In the event of a vacancy in the office of ~~the seventh~~ a member, a successor shall be elected for the remainder of the unexpired term. The members shall serve without salary, but shall be compensated for any actual expenses incurred by them on any official business of the authority. As soon as ~~the seventh member shall be~~ all members are elected, all members of the authority shall convene and shall elect one of their number as chairman and another as secretary, each of whom shall hold office for terms corresponding to their terms as members of the authority. The secretary of the authority shall from time to time file in the offices of the clerks of court for Laurens and Newberry Counties appropriate certificates, showing the personnel of the authority and the duration of the terms of the respective members."

B. Section 4(10) of Act 789 of 1952 is amended to read:

"(10) To enter into contracts of long duration for the sale of firm and interruptible gas only, but all of such contracts shall contain a provision permitting the authority to increase the price charged its customers for gas if the authority, in turn, shall be required to pay more for its gas than it did on the occasion that such contract was entered into, and no contract of any sort shall be entered into which shall not in all respects be subordinate to any covenant or undertaking which the authority may make in the proceedings taken in connection with the issuance of any bond or other obligation of the authority. ~~And, no contract of any sort shall be made respecting the sale of firm gas, which shall be sold in accordance with such schedule of rates as shall from time to tome be in effect.~~"

C. Section 5 of Act 789 of 1952 is amended to read:

"Section 5. All net revenues derived from the system whose disposition the authority shall not have covenanted to otherwise dispose of shall be disposed of as follows:

(a). That sum which reflects the proportion of revenue derived from the sale of firm gas shall be divided between Clinton and Newberry on the basis of firm gas sold within their respective municipal service areas. For the purposes of this section, the Clinton municipal service area is defined as all of the service area of the authority lying in Laurens County, and the Newberry municipal service area is defined as all of the service area of the authority lying in Newberry County. Firm gas sales shall mean gas sold on a non-interruptible basis. Fifty percent to the City of Clinton, irrespective of where the interruptible or firm gas is sold in the services areas of the authority; and

(b). That sum which reflects the proportion of the revenue derived from the sale of interruptible gas shall be divided equally between Clinton and Newberry, irrespective of where such interruptible gas shall be sold. Interruptible gas shall mean gas not sold on a firm basis, but gas sold on an interruptible basis. Fifty percent to the City of Newberry, irrespective of where the interruptible or firm gas is sold in the services areas of the authority.

(c). That portion of the net revenues to which Newberry shall be entitled, hereinafter specified, shall be used by the authority in the manner hereinafter provided to reimburse the authority for the actual cost of constructing that portion of the transmission line which lies between the northwestern municipal limits of Newberry and the line dividing the Counties of Newberry and Laurens. Such cost shall be determined on a per foot basis, in the ratio that the distance between the northwestern municipal limits of Newberry and the line dividing the Counties of Laurens and Newberry bears to the distance between the northwestern municipal limits of Newberry and the point where the said transmission line connects with the transmission line of the Transcontinental Gas Pipe Line Company at or near Fountain Inn. That sum which represents the annual principal and interest requirements on such portion of the construction bond issue as reflects the cost of the portion of the construction bond issue as reflects the cost of the portion of the transmission line between the northwestern municipal limits of Newberry and the line dividing the Counties of Laurens and Newberry shall be deducted from the net revenues due to Newberry for so long a period of time as may be necessary to effect the retirement of such portion of the said construction bond issue. Such payments shall be applied to the effect the earliest possible retirement of the said construction bond issue The provisions of this paragraph ~~shall~~ may not be construed to limit the power of the authority to pledge and apply the gross revenues derived from the system in ~~such~~ the manner as the authority shall determine to the payment of the principal and interest on any bonds, notes, or other obligations which the authority may issue, it being intended that the application of revenues ~~herein~~ provided in this section ~~for~~ ~~shall be~~ is in addition ~~thereto~~ to that application."

D. Act 789 of 1952 is amended by adding:

"Section 4A. (A) The authority shall make a monthly full statement to each member of the legislative delegations representing Laurens and Newberry Counties.

(B) The Public Service Commission shall have conducted an annual audit. A copy of the audit must be forwarded to each member of the legislative delegations representing Laurens and Newberry Counties."

E. Notwithstanding any other provision of law, the Clinton Newberry Natural Gas Authority shall retain one and one-half percent of annual revenues which must be used directly on the operation of the authority with the remainder of unencumbered revenues returned to its customers on a pro rata basis.

F. The terms of members serving on the effective date of this section are terminated on that date. All members shall serve until their successors are appointed and qualify.

SECTION 2. A. Chapter 9 of Title 58 of the 1976 Code is amended by adding:

"Article 23

Government-owned Telecommunications Service Providers

Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this article's effective date.

Section 58-9-2610. As used in this article:

(1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this article's effective date.

The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.

(2) 'Telecommunications service' for the purpose of this section is defined in Section 58-9-2200(1).

(3) 'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.

(4) 'Public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements.

Section 58-9-2620. Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:

(1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;

(2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions and governmental subsidies of any type. Tax exempt capital financing may be used consistent with Sections 58-9-2620(A)(4)(a) and 58-9-2630(C);

(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government;

(4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:

(a) cost of capital component that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality, and

(b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees.

(5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service; and

(6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140.

Section 58-9-2630. (A) A government-owned telecommunications service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:

(1) all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100;

(2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and

(3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services.

(B) A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions.

(C) A government owned telecommunications service provider shall annually remit to the general fund of the government entity owning the telecommunications provider an amount equivalent to any and all taxes or fees a private sector telecommunications provider would be required to pay.

(D) The taxpayer confidentiality provisions contained in Title 12 shall not apply to the filings of government-owned telecommunications service providers. Provided however, the Department of Revenue shall require an annual report of all telecommunications providers. The report shall require any telecommunications company licensed in this state to report the total gross of retail telecommunications, to which the business license tax is applicable, pursuant to Section 58-9-2220. This information shall be available to any entity authorized to collect a tax on retail telecommunications or their agent. Information provided to an entity or agent authorized to collect a tax may not be disclosed or provided in any manner to any other person. Such information may only be used by an entity or agent of an entity authorized to collect a tax for purposes of determining the accuracy of tax returns, filings and payment of taxes.

Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the general fund of the government owning the telecommunications provider. Provided however, nothing in this section shall be construed to mean that government - owned telecommunication providers are not covered by the South Carolina Tort Claims Act.

B. Section 58-5-30 of the 1976 Code is amended to read:

"Section 58-5-30. ~~Nothing~~ Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies."

C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 3. Upon approval by the Governor this act takes effect July 1, 2002. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator HAYES proposed the following amendment (290R003.RWH), which was adopted:

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

/ SECTION ____. (A) The General Assembly finds that:

(1) special purpose districts have been created and established for the principal purpose of furnishing natural gas throughout their respective service areas;

(2) these special purpose districts include the Chester County Natural Gas Authority, the Clinton-Newberry Natural Gas Authority, the Fort Hill Natural Gas Authority, the Lancaster County Natural Gas Authority, and the York County Natural Gas Authority (the "Gas Authorities");

(3) Section 13, Article VIII of the Constitution of the State of South Carolina provides that any political subdivision may agree with another political subdivision for the joint administration of functions and joint exercise of powers and the sharing of related costs;

(4) in many instances, the public would benefit from more efficient and better services if projects were undertaken by two or more Gas Authorities for the benefit of the residents of both;

(5) in many instances, one Gas Authority may be unable to provide services that could be provided if undertaken collectively by two or more Gas Authorities; and

(6) there is no general mechanism for the joint undertaking of projects by the Gas Authorities, the lack of which is detrimental to the public health, safety, and welfare of the residents of the several Gas Authorities.

(B) It is the intent of the General Assembly to provide to the Gas Authorities of the State a mechanism for the joint exercise of their powers, joint administration of functions, and sharing of related costs so as to ensure that the residents of this State located in the service areas of the Gas Authorities are provided with natural gas services as efficiently and inexpensively as possible. To accomplish those goals, the General Assembly intends to empower the Gas Authorities to create joint agencies to provide for the joint exercise of powers, joint administration of functions, and sharing of costs in a convenient and predictable manner.

SECTION ____. Title 6 of the 1976 Code is amended by adding:

"CHAPTER 24

Joint Agency Act

Section 6-24-10. This chapter is known as the 'Joint Agency Act'.

Section 6-24-20. As used in this chapter:

(1) 'Cost', with respect to a project, means:

(a) all costs of planning, designing, constructing, and financing the project, including fees for professional services, costs of insurance, and costs for principal and interest, during planning, designing, and construction and for up to one year after completion of construction;

(b) all costs associated with establishing necessary or desirable reserves in connection with a project; and

(c) other expenditures of the joint agency incidental, necessary, or convenient to the acquisition, construction, implementation, reconstruction, improvement, enlargement, or extension of a project.

If a project does not involve the acquisition or construction of a facility, 'cost' includes all costs of the undertaking or funding of the undertaking. In either case, 'cost' may include those administration expenses a joint agency considers appropriate.

(2) 'Governing body' means the duly constituted governing body of a governmental entity.

(3) 'Governmental entity' means a special purpose district created by the General Assembly of this State for the principal purpose of furnishing natural gas to the residents of the service area as defined in and fully described in the act of the General Assembly that created and established the special purpose district, and in amendments to that act.

(4) 'Joint agency' means a public body and body corporate and politic organized in accordance with the provisions of this chapter.

(5) 'Member' of a joint agency means each of those governmental entities which have agreed to create a joint agency to undertake the ownership, operation, maintenance, financing, or contractual use of a project.

(6) 'Project' means a project or other undertaking pursued by a joint agency for a purpose that is a public and corporate purpose of each member of the joint agency. A project may consist of:

(a) the acquisition or construction of a facility or facilities or a system of facilities; and

(b) an administrative undertaking, such as the acquisition of insurance, investment, banking, or other like services, or the provision of interim financing in the anticipation of the collection of taxes or other revenues or grants or the issuance of bonds.

(7) 'State' means the State of South Carolina.

Section 6-24-30. (A) In addition and supplemental to other powers granted to governmental entities of the State, a governmental entity may:

(1) jointly plan, finance, develop, acquire, purchase, construct, reconstruct, improve, enlarge, own, operate, and maintain an undivided interest as a tenant-in-common in a project situated within the State with one or more governmental entities in this State and make plans and enter into contracts in connection with the project consistent with the provisions of this chapter and necessary or appropriate;

(2) undertake the exercise of any administrative function or power jointly with one or more governmental entities in this State and make plans and enter into contracts in connection with that exercise consistent with the provisions of this chapter and necessary or appropriate; and

(3) agree to share the costs of a like undertaking with another governmental entity as is appropriate.

(B) Each governmental entity agreeing to act jointly shall have the legal capacity, power, and authority, by charter, act, constitution, or other law, to so act on its own. This section does not grant any authorization other than as is specifically provided. Each governmental entity may make plans and enter into contracts severally in connection with the projects described consistent with the provisions of this chapter and necessary or appropriate.

(C) Governmental entities which become tenants-in-common pursuant to this section may waive by contract their right of partition, either in kind or by sale. The power and right to enter into agreements to waive the right of judicial partition authorized by this section are in addition to powers and rights authorized elsewhere.

Section 6-24-40. (A) Two or more governmental entities may determine by resolution, as appropriate, that it is in their best interests and those of their residents to create a joint agency for the purpose of:

(1) undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargement, ownership, sale, lease, operation, or maintenance of a project or other undertaking constituting a project;

(2) undertaking the exercise of any administrative function or power and making plans and entering into contracts in connection with that exercise consistent with the provisions of this chapter as necessary or appropriate; or

(3) sharing the costs of a like undertaking with another governmental entity as is appropriate to provide for the present and future needs of the inhabitants and residents of their jurisdictions or to whom they are permitted to provide services as an alternative or supplement to assuming severally and individually the responsibilities of ownership, undertaking a project, or administering a function or power.

(B) The finding that the creation of a joint agency is in the best interests of the governmental entity and its residents, or the residents of the State, must include one or more of the following reasons:

(1) a joint agency is able to acquire, construct, own, or operate a project, administer a function, or exercise a power more efficiently and economically than its members operating individually;

(2) a joint agency is able to undertake a project or exercise a power for the benefit of its members, but one or more of its members otherwise would be unable to undertake a similar project or exercise the power acting individually;

(3) a joint agency is able to finance the cost of a project more efficiently and economically;

(4) to the extent financing is required in connection with the undertaking, better financial market acceptance results if one entity is responsible for issuing all of the bonds and incurring all other debt required for a project;

(5) fiscal savings and other advantages are obtained by providing a separate entity responsible for the:

( i) acquisition, purchase, construction, ownership, or operation of, or otherwise undertaking, a project; or

(ii) administering a function or power.

(C) If the creation of a joint agency is found to be in the best interests of a governmental entity or those it serves, notice of the adoption of the resolution must be published once a week for two consecutive weeks in a newspaper of general circulation within the county in which the governmental entity is located or, if the governmental entity is located in two or more counties, in each of the counties, or, if the governmental entity is an agency, instrumentality, board, or commission of the State, in a newspaper of general circulation within the State. A person affected by the action of the governmental entity may challenge the action by action de novo instituted in the court of common pleas for the county in which the governmental entity is located or, if the governmental entity is located in two or more counties, in one of the counties, within twenty days following the last publication of the notice.

Section 6-24-50. (A) Upon fulfilling the requirements of Section 6-24-40, each governmental entity participating in the proposed joint agency shall appoint by resolution one representative to the proposed joint agency. Two or more appointed representatives shall file with the Secretary of State an application signed by the representative of each of the proposed members. The application must include:

(1) names of all the proposed members and their respective appointed representatives;

(2) a certified copy of:

( i) the resolution of each member determining it is in its best interests or the best interests of those it serves to participate in the proposed joint agency; and

(ii) the resolution appointing the member's representative;

(3) the statement of desire that the joint agency be organized as a public body and a body corporate and politic pursuant to this chapter;

(4) the proposed name for the joint agency; and

(5) the method of appointment of the board of directors, including the number of directors appointed by each member.

(B) The Secretary of State shall file the application after examining it and determining that it complies with the requirements of subsection (A) and that the proposed name of the joint agency is not identical to that of another corporation of the State or an agency or instrumentality, or so similar as to lead to confusion and uncertainty.

(C) The Secretary of State then shall issue a corporate certificate. The corporate certificate must include the names of the members and the name of the joint agency. The existence of the joint agency as a public body corporate and politic under the proposed name begins when the corporate certificate is issued by the Secretary of State. Notice of the issuance of the corporate certificate must be given to all members of the joint agency by the Secretary of State.

(D) In any suit, action, or proceeding involving the validity or enforcement of or otherwise relating to a contract of a joint agency, the joint agency is presumed conclusively to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State, absent a showing of fraud. A copy of the certificate, duly certified by the Secretary of State, is admissible in evidence in any suit, action, or proceeding and is conclusive proof of the filing and contents.

Section 6-24-60. (A) Management and control of the joint agency is vested in a board of directors consisting of the number of directors specified in the application as filed or as amended. The governing body of each member of the joint agency shall appoint the number of representatives provided, and each appointed representative is a director of the joint agency. The governing body of a member may provide that a representative be an officer or employee of the member and also serve ex officio as a member of the board of directors of the joint agency. Each director has at least one vote and has additional votes as a majority of the members of the joint agency may determine. Each director, who serves at the pleasure of the governing body by which he was appointed, before entering upon his duties shall take and subscribe to an oath, before a person authorized by law to administer oaths, to execute the duties of his office faithfully and impartially. A record of each oath must be filed with the governing body of the appointing governmental entity.

(B) The board of directors of the joint agency shall elect annually, with each director having one vote, one of the directors as chairman, another as vice-chairman, and other persons who may be, but need not be, directors as treasurer, secretary, and, if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary. The board of directors also may appoint additional officers as it considers necessary. The secretary or assistant secretary of the joint agency shall keep a record of the proceedings of the joint agency and the secretary is the custodian of all books, records, documents, and papers filed with the joint agency, the minute book or journal of the joint agency, and its official seal.

(C) A majority of the directors of the joint agency constitutes a quorum. A vacancy on the board of directors of the joint agency does not impair the right of a quorum to exercise all rights and perform all duties of the joint agency. An action taken by the joint agency pursuant to this chapter must be authorized by resolution at a regular or special meeting held pursuant to notice in accordance with bylaws of the joint agency, and each resolution takes effect immediately, without publication or posting. Except as otherwise provided in this chapter or in the bylaws of the joint agency, a majority of the votes which the directors present are entitled to cast, with a quorum present, is necessary and sufficient to take any action or to pass a resolution. A director of a joint agency may not receive compensation solely for the performance of duties as a director, but each director may be paid per diem, mileage, and subsistence expenses as provided by law for state boards, committees, and commissions.

Section 6-24-70. (A) After a joint agency is created, another governmental entity may become a member by:

(1) adopting a resolution complying with the requirements of Section 6-24-40, including publication of notice;

(2) submitting an application to the joint agency; and

(3) receiving approval of the application by resolution from the governing body of each member of the joint agency. The approval must include approval of any changes to the board of directors resulting from the addition.

(B) A member may withdraw from a joint agency by resolution of its governing body. All contractual rights acquired and contractual obligations incurred by a member while it was a member of the joint agency remain in full force and effect. Upon withdrawal of a member, the board of directors must be reduced by the number of directors appointed by the withdrawing member.

(C) The members of a joint agency may modify the composition of the board of directors to increase or decrease the number of directors or to change the number of directors appointed by each member through the adoption of a resolution approving the modification by the governing body of each member.

(D) Notice of a change in membership and a modification of the board of directors, including changes resulting from a change in membership, must be filed with the Secretary of State. A change is not final until the filing.

Section 6-24-80. If the board of directors of a joint agency and the governing body of each of its members determine by resolution that the purposes for which the joint agency was formed have been fulfilled substantially and that all bonds issued and all other obligations incurred by the joint agency have been paid or satisfied fully, the board of directors and members may declare the joint agency to be dissolved. On the effective date of the resolution, title to all funds and other property owned by the joint agency at the time of the dissolution must be disbursed to the members of the joint agency according to its bylaws.

Section 6-24-90. The board of directors of a joint agency may create an executive committee, the composition of which must be set forth in the bylaws of the joint agency and reflect a fair representation of the members. The executive committee may exercise powers during intervals between the board's meetings as provided by the board. The terms of office of the members of the executive committee and the methods of filling vacancies must be fixed by the bylaws of the joint agency.

Section 6-24-100. Each joint agency has the rights and powers of a public body politic and corporate of the State including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter including, but not limited to, rights and powers to:

( 1) adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules and policies and promulgate regulations in connection with the performance of its functions and duties;

( 2) adopt an official seal and alter it at its pleasure;

( 3) maintain an office at a place it determines;

( 4) sue and be sued in its own name and to plead and be impleaded;

( 5) receive, administer, and comply with the conditions and requirements of a gift, grant, or donation of property or money;

( 6) acquire by purchase, lease, gift, or otherwise acquire or to obtain options for the acquisition of property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law;

( 7) sell, lease, exchange, transfer, or otherwise dispose of, or to grant options for those purposes with respect to, real or personal property, insurance, recovery, or condemnation award;

( 8) pledge or assign any money, rents, charges, or other evidence of indebtedness of the joint agency for the purpose of providing funds for its corporate purposes;

( 9) borrow money and issue notes, bonds, or other evidence of indebtedness of the joint agency for the purpose of providing funds for its corporate purposes;

(10) authorize the construction, operation, or maintenance of a project by a person, firm, or corporation, including political subdivisions and agencies of a state of the United States;

(11) acquire by negotiated purchase or lease from one of its members one or more projects which may be an existing project, project under construction, or other project, either individually or jointly with one or more other governing bodies or joint agencies in this State;

(12) fix, charge, and collect rents, rates, fees, and charges in connection with a project;

(13) make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the joint agency pursuant to this chapter, including contracts with persons, firms, corporations, and others;

(14) apply to the appropriate agencies of the State, the United States, or any state of the United States, and to another proper agency for necessary permits, licenses, certificates, or approvals and to construct, maintain, and operate projects in accordance with those licenses, permits, certificates, or approvals; and

(15) employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employees as required in the judgment of the joint agency and to fix and pay their compensation from funds available to the joint agency for that purpose.

Section 6-24-110. (A) A governmental entity may contract with the joint agency for its present or future service requirements, including the capacity and output of one or more specified projects. The contract may provide that the contracting governmental entity is obligated to make the payments required by the contract whether or not a project is completed, operable, or operating and that payments pursuant to the contract are not subject to reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint agency or a member of the joint agency pursuant to the contract or other instrument. A contract entered into between a joint agency and its members also may provide that the remaining members of the joint agency shall assume on a proportional basis the obligations of a defaulting member if one or more of the members defaults in the payment of the obligations.

(B) A contract entered into between a governmental entity and a joint agency may be in the form of an obligation or bond issued under another statute authorizing or permitting the incurring of indebtedness by the governmental entity. The provisions of another statute authorizing or permitting the incurring of indebtedness by the governmental entity do not apply to the extent they would prohibit or limit the sale of the obligation by negotiation to a joint agency and the form of the obligation as a single instrument payable to the joint agency on terms as the joint agency considers appropriate. If the statute requires the establishment or maintenance of reserves or other funds or accounts, intended as security for the holders of the obligations, the joint agency may elect to eliminate or waive those requirements. To the extent any statute provides a lien or permits the pledge of property or revenues as security for obligations issued under it, the joint agency may be the direct beneficiary of the lien or pledge or to waive it.

(C) Notwithstanding the provisions of another law to the contrary, a contract between a governmental entity and a joint agency may extend for a period not exceeding fifty years from the date services are first provided pursuant to the contract, and the execution and effectiveness of the contract is not subject to authorizations or approvals by the State or any agency, commission, or instrumentality or political subdivision of the State.

(D) Except as specifically provided by the terms of the contract, payments by a governmental entity pursuant to a contract with a joint agency are not a legal or equitable pledge, charge, lien, or encumbrance upon property of the governmental entity or upon its income, receipts, or revenues. The faith and credit or the taxing power of the governmental entity may be pledged from the payment of an obligation under the contract only to the extent the contract obligation is treated like a general obligation debt of the governmental entity and is subject to the same constitutional debt limitations as other general obligation debts of the governmental entity.

(E) A governmental entity may authorize a joint agency to act on its behalf in the same manner and to the same extent as any agency, commission, or employee of the governmental entity. A governmental entity may exercise its governmental powers on behalf of a joint agency in instances where the exercise of the power cannot be delegated.

Section 6-24-120. A joint agency may incur debt for its purposes and may issue bonds pledging the revenues derived from all or any of its projects and additions and betterments or extensions or contributions or advances from its members to the payment of both principal and interest.

Section 6-24-130. If a joint agency undertakes a project requiring financing, in whole or in part, with the proceeds of bonds, and the payment of principal or interest on the bonds is assured directly or indirectly by a contract with one or more members, the project must not be undertaken without the approval of the governing body of each member which provides assurance. For these purposes, a member has not assured payment on bonds unless its obligation pursuant to the contract is absolute and without regard to the completion or operation of the project.

Section 6-24-140. (A) A joint agency may issue at one time, or from time to time, its bonds for the purpose of paying all or part of the cost of the purposes authorized by this chapter. The principal of and the interest on the bonds, and any premium, are payable only from the fund provided for payment. The bonds of each issue may be sold at public or private sale. Notwithstanding another provision of law to the contrary, the bonds may be sold at a price, and bear interest at a rate or rates, as determined by the board of directors of the joint agency. The bonds of each issue must be dated and must mature in amounts and at a time, not exceeding fifty years from their respective date, as determined by the board of directors of the joint agency, and may be redeemable before maturity at a price and by terms and conditions as fixed by the board of directors of the joint agency before the issuance of the bonds. The board of directors of the joint agency shall determine the form and the manner of execution of the bonds, including interest coupons attached to them, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at a bank or trust company inside or outside the State. If an officer whose signature or signature facsimile appears on a bond or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile is valid and sufficient for all purposes as if he had remained in office until delivery. The board of directors of the joint agency also may provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in fully registered form or under a book-entry-only system, as the governing body of the issuer determines.

(B) The proceeds of the bonds of each issue must be used only for the purposes for which the bonds were issued, and must be disbursed in a manner as the board of directors of the joint agency provides in the resolution authorizing the issuance of the bonds or in a trust agreement securing the issuance. The joint agency may issue interim receipts or temporary bonds exchangeable for definitive bonds when the bonds are executed and available for delivery. The joint agency also may provide for the replacement of bonds which are mutilated, destroyed, or lost.

(C) Bonds may be issued pursuant to this chapter without obtaining the consent or approval of the State or any political subdivision, or agency, commission, or instrumentality of the State.

Section 6-24-150. The board of directors of the joint agency may elect to have bonds issued pursuant to this chapter secured by a trust agreement between the joint agency and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the State. The trustee agreement or the resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustee as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of the bonds may contain covenants including, but not limited to, the:

( 1) assignment or pledge of:

(a) all or a part of the revenues derived from the project financed by the bonds; or

(b) the contracts and any collateral between the joint agency and any of its members or other governmental entities;

( 2) rents, rates, fees, and charges to be established, maintained, and collected and the use and disposal of revenues, gifts, grants, and funds received by the joint agency;

( 3) setting aside, investment, regulation, and disposition of reserves;

( 4) custody, collection, securing, investment, and payment of monies held for the payment of bonds;

( 5) limitations or restrictions on the purposes to which the proceeds of sale of issued bonds must be applied;

( 6) limitations or restrictions on the issuance and security of additional bonds or the refunding of outstanding or other bonds;

( 7) procedure for amending the terms of a contract with bondholders;

( 8) events of default and the rights and liabilities arising upon default, and the terms and conditions upon which bonds issued pursuant to this chapter are or may be declared due before maturity, and the terms and conditions upon which that declaration and its consequences may be waived;

( 9) preparation and maintenance of a budget;

(10) retention or employment of conducting engineers, independent auditors, and other technical consultants;

(11) limitations on, or the prohibition of, free service to a person, firm, or corporation, public or private;

(12) acquisition and disposal of property, except that a project or part of a project must not be mortgaged by the trust agreement or resolution. The joint agency may mortgage other property owned by it;

(13) provisions for insurance and for accounting reports and their inspection and audit;

(14) continuing operation and maintenance of the project.

Section 6-24-160. (A) The joint agency may fix, charge, and collect rents, rates, fees, and charges for services provided by the agency or the use of a project so as to provide revenues, for so long as the bonds are outstanding and unpaid, at least sufficient together with other available funds to:

(1) pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects and for all necessary repairs, replacements, or renewals;

(2) pay when due the principal and interest and any premiums on all bonds payable from the revenues;

(3) create and maintain reserves and comply with covenants required by a resolution or trust agreement authorizing and securing bonds; and

(4) pay amounts which the joint agency may be obligated by law or contract to pay from the revenues.

(B) A pledge made by a joint agency pursuant to this chapter is valid and binding from the date the pledge is made. The revenues, securities, and other monies pledged and held or received afterwards by the joint agency or fiduciary are subject immediately to the lien of the pledge without physical delivery of it or other act, and the lien of the pledge is valid and binding as against all parties having claims in tort, contract, or otherwise against the governmental entity or joint agency without regard to whether the parties have notice of it.

Section 6-24-170. The resolution authorizing the bonds of an issue or the trust agreement securing the bonds may provide that the monies may be invested temporarily and reinvested pending disbursement in securities and other investments provided in the resolution or trust agreement. The resolution or trust agreement must provide that a bank or trust company with which the monies are deposited shall act as trustee of the monies and hold and apply them for the purposes of this joint agency, subject to regulation as this chapter and the resolution or trust agreement provide.

Section 6-24-180. A holder of bonds issued pursuant to this chapter and the trustee pursuant to a trust agreement, except to the extent the rights are restricted by the trust agreement or the resolution authorizing the issuance of the bonds, may protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceeding, all rights and compel performance of all duties arising out of the law of the State or terms of the trust agreement or resolution or other contract.

Section 6-24-190. All bonds issued pursuant to this chapter are investment securities within the meaning of and for all the purposes of Chapter 8, Title 36 of the 1976 Code, subject only to the provisions of the bonds pertaining to registration, regardless of whether or not the bonds authorized by this chapter are of such form and character as to be investment securities pursuant to Chapter 7, Title 36 of the 1976 Code.

Section 6-24-200. It is lawful for all executors, administrators, guardians, committees, and other fiduciaries to invest monies in their hands in bonds issued pursuant to this chapter.

Section 6-24-210. The bonds issued pursuant to this chapter are special obligations of the joint agency issuing them. The principal and interest and any premium on the bonds are not payable from the general fund of the joint agency, nor are they a legal or equitable pledge, charge, lien, or encumbrance upon any of its property, income, receipts, or revenues, except the funds which are pledged pursuant to the resolution authorizing the bonds or the trust agreement securing the bonds. Except as specifically provided with respect to an obligation of a governmental entity which is a general obligation, the faith and credit and the taxing power of the State of any governmental entity must not be pledged for the payment of the principal or interest on the bonds, and a holder of the bonds may not compel the exercise of the taxing power by the State and any governmental entity or the forfeiture of any of this property in connection with any default on the bonds. A bond must recite in substance that the principal of and interest on the bond is payable only from the revenues pledged to its payment and that the joint agency is not obligated to pay the principal or interest except from those revenues.

Section 6-24-220. A joint agency may provide by resolution for the issuance of refunding bonds of the joint agency for the purpose of refunding outstanding bonds issued pursuant to this chapter, including the payment of a redemption premium on them and interest accrued to the date of their redemption. The refund of outstanding bonds may be exercised as considered desirable by the board of the joint agency. The issuance of the bonds, their maturities and other terms, the rights of their holders, and the rights, duties, and obligations of the joint agency in respect to the bonds must be governed by the provisions of this chapter relating to the issuance of bonds to the extent those provisions apply.

Section 6-24-240. (A) Personnel employed or appointed by a member of a joint agency to work for it have the same authority, rights, privileges, and immunities, including coverage pursuant to workers' compensation laws, which the officers, agents, and employees of the appointing member enjoy within the territory of that member when they are acting within the scope of their authority or in the course of their employment.

(B) Personnel employed or appointed directly by a joint agency may participate in the South Carolina Retirement System if they are residents of this State with the same rights, privileges, obligations, and responsibilities as if they were employees of a governmental entity.

Section 6-24-250. At the close of each fiscal year, a joint agency shall submit an annual report of its activities for the preceding year to each member, including a complete operating and financial statement covering the operations of the joint agency during the year. The joint agency shall cause an audit of its books of record and accounts to be made at least once a year by a certified public accountant, and the cost of the audit may be treated as a part of the cost of construction of a project or otherwise as part of the expense of administration of a project covered by the audit.

Section 6-24-260. (A) The board of directors of a joint agency may make application and enter into contracts for and accept grants-in-aid and loans from the federal and state governments and their agencies or political subdivisions, including members, for planning, acquiring, constructing, expanding, maintaining, and operating a project or facility or participating in a reserve or development program or performing a function which a member of the joint agency may authorize by general or local law to provide or perform.

(B) The board of directors of a joint agency may:

(1) enter into and carry out contracts with the state or federal government or an agency or institution through which the government, agency, or institution grants financial or other assistance to the member or joint agency;

(2) accept assistance or funds granted or loaned by the state or federal government with or without a contract;

(3) agree to and comply with reasonable conditions imposed upon grants or loans; and

(4) make expenditures from granted funds.

Section 6-24-270. A joint agency formed by governmental entities which themselves possess the power of eminent domain for the purpose for which the joint agency was formed possesses the power of eminent domain within the jurisdictional limits of its members in accordance with Sections 5-7-50 and 4-29-30 or other provision of law as may be applicable so as to effectuate the purposes of this chapter and may exercise the power as provided in Title 28.

Section 6-24-280. A director of a joint agency or officer of a governmental entity or person acting for him is not subject to personal liability by reason of carrying out any of the powers expressly or impliedly provided in this chapter while acting within the scope of his authority.

Section 6-24-290. This chapter provides an additional method for accomplishing the acts authorized, and is supplemental to powers conferred by existing laws and not in derogation of powers now existing. If a provision of this chapter is inconsistent with the provisions of other general, special, or local law, the provisions of this chapter control.

Section 6-24-300. The provisions of this chapter must be liberally construed."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

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

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

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

S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 23. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

S. 290--CONFERENCE COMMITTEE APPOINTED

On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 290 and asked for a Committee of Conference.

Whereupon, Senators HUTTO, MARTIN and RICHARDSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cato, Wilder and Sandifer to the Committee of Conference on the part of the House on:

Received as information.

S. 290--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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

Senator MARTIN spoke on the report.

On motion of Senator MARTIN, the Report of the Committee of Conference to S. 290 was adopted as follows:

S. 290--Conference Report
The General Assembly, Columbia, S.C., June 6, 2000

The Committee of Conference, to whom was referred:

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

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

/ SECTION 1. A. Chapter 9 of Title 58 of the 1976 Code is amended by adding:

"Article 23

Government-owned Telecommunications Service Providers

Section 58-9-2610. As used in this article:

The term 'government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.