Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 36:10: "Continue Your love to those who know You, Your righteousness to the upright in heart. May the foot of the proud not come against me nor the hand of the wicked drive me away."
Let us pray. Ever present Lord, You nourish and satisfy us with good things. Provide, now Your wisdom upon this body as we approach the end of this years work. Help us through the tight spots and bring agreement to accomplish the work You have called these Representatives and staff to do. Bless and keep our President and all leaders in Your care. Bless our defenders of freedom and keep them in the palm of Your hand. Hear us, O God. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

Rep. YOUNG moved that when the House adjourns, it adjourn in memory of John Joseph McGlynn of Summerville, which was agreed to.

The following was received:

TO:       The Clerk of the Senate

The Clerk of the House

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
Professor John P. Freeman
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

Judicial candidates are not free to seek or accept commitments until Tuesday, June 3, 2003 at 12:00 noon.

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law which went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate

The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.

The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the State's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in their racial and gender backgrounds), were asked to advise the Commission on the judicial candidates in their regions. The Upstate Citizens Committee interviewed the candidates and also interviewed other individuals in that region who were familiar with the candidates either personally or professionally. Based on those interviews and its own investigation, the committee provided the Commission with a report on the candidates based on the Commission's evaluative criteria. Summaries of this report have also been included in the Commission's report for your review.

The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation;

(1)   survey of the bench and bar;

(2)   SLED and FBI investigation;

(3)   credit investigation;

(4)   grievance investigation;

(5)   study of application materials;

(6)   verification of ethics compliance;

(7)   search of newspaper articles;

(8)   conflict of interest investigation;

(9)   court schedule study;

(10)   study of appellate record;

(11)   court observation; and

(12)   investigation of complaints.

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.

The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.

Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues were no longer automatically made a part of the public hearing process unless a

Written examinations of the candidates' knowledge of judicial practice and procedure were given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of three persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.

This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Circuit Court for the Seventh Judicial Circuit, Seat 2.

Commission's Findings:     QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:

Based on the Commission's investigation, Mr. Barnette meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Mr. Barnette was born on June 20, 1963. He is 39 years old and a resident of Spartanburg, South Carolina. Mr. Barnette provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Barnette.

Mr. Barnette demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte

Mr. Barnette reported that he has not made any campaign expenditures.

Mr. Barnette testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.

Mr. Barnette testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Mr. Barnette to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Barnette described his continuing legal or judicial education during the past five years as follows:
"Classes involving criminal law issues; classes involving evidence law and civil procedure issues; Magistrate Judge classes involving all types of legal issues.
(a)   2002/05/08   DUI Trial Advocacy;
(b)   2002/03/18   Orientation School for Magistrates;
(c)   2002/09/29   S.C. Solicitors Conference;
(d)   2001/03/26   Orientation School for Magistrates;
(e)   2001/08/24   Felony DUI and Accident;
(f)   2001/09/30   S.C. Solicitors Conference;
(g)   2000/07/17   Orientation School for Magistrates;
(h)   2000/04/19   Identifying Legal Issues;
(i)   2000/08/03   Scientific Evidence & Expert Testimony;
(j)   2000/04/03   Orientation School for Magistrates;
(k)   2000/08/31   DUI 101 for the Prosecutor;
(l)   1999/02/19   Update on the Law;
(m)   1999/07/19   Orientation School for Magistrates;
(n)   1999/11/12   Magistrates Mandatory School;
(o)   1998/06/20   Family Law; Ethics;
(p)   1998/06/19   Consumer Law/Construction Law;
(q)   1998/07/20   Orientation School for Magistrates;

Mr. Barnette reported that he has taught the following law-related courses:
"(a)   Co-teacher of the Evidence class of the Magistrate Orientation for new Magistrates from 1997 to 2002 for South Carolina Court Administration;
(b)   Criminal law matters for the South Carolina Commission on Prosecution Coordination since 1995."

Mr. Barnette reported that he has not published any books and/or articles.
(4)   Character:

The Commission's investigation of Mr. Barnette did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Barnette did not indicate any evidence of a troubled financial status. Mr. Barnette has handled his financial affairs responsibly.

The Commission also noted that Mr. Barnette was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:

Mr. Barnette reported that his Martindale-Hubbell rating was "AV."
(6)   Physical Health:

Mr. Barnette appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Barnette appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:

Mr. Barnette was admitted to the South Carolina Bar in 1989. He provided the following account of his legal experience since graduation from law school:

"(a)   Seventh Judicial Circuit Solicitor's Office, Principal Deputy Solicitor from January 2001 to present. Criminal law.

(b)   Spartanburg County Magistrate Court Judge from July 1996 to January 2001.

From July 1996 to July 2000, handled the Civil Court involving Jury and Non-jury matters (about 90%) along with some Criminal Court Jury matters (about 10%). In July 2000 to January 2001, handled the Traffic Court Non-Jury matters (about 90%) as well as Criminal and Civil Court Jury matters (about 10%).

(c)   Assistant Solicitor, Seventh Judicial Circuit Solicitor's Office from January 1991 to July 1996.   Criminal law.

(d)   Associate, Warlick Law Office from June 1990 to December 1990.

General practice of law with civil litigation, criminal defense, and family law."
Mr. Barnette further provided:

"As the Principal Deputy Solicitor for the Seventh Judicial Circuit Solicitor's Office since January 2001, I have handled the following jury trials:

(a)   State v. John Fitzgerald Johnson, Indictment No. 00-GS-42-3930. Jury trial. Mr. Johnson was found guilty of Armed Robbery. Mr. Johnson received a Life Sentence from the Honorable J. Derham Cole on January 16, 2001.

(b)   State v. Zachery Figbig, Indictment No. 00-GS-42-2967. Jury trial. Mr. Figbig was tried for Criminal Domestic Violence of a High Aggravated Nature and was found guilty of Criminal Domestic Violence- Mr. Figbig received a 30-day sentence from the Honorable J. Derham Cole on January 31, 2001.

(c)   State v. James O'Neal Foster, Indictment Nos. 01-GS-42-421, 01-GS-42-423, 01-GS-42-428, and 01-GS-42-441.   Jury trial. Mr. Foster was found guilty of Kidnapping, Burglary 1st degree, Criminal Domestic Violence of a High and Aggravated Nature, and Resisting Arrest (assault). He received a 30-year sentence from the Honorable Don Beatty on March 1, 2001.

(d)   State v. Kenji Jerome Manning, Indictment Nos. 01-GS-42-1641 thru 01-GS-42-1643. Jury trial. Mr. Manning was found guilty of Murder and two counts of Assault With Intent to Kill. He received a 40-year sentence from the Honorable John C. Hayes III on April 11, 2001.

(e)   State v. James Edward Hardin, Indictment Nos. 01-GS-42-1424 thru 01-GS-42-1430.   Jury trial. Mr. Hardin was found guilty of two counts of Armed   Robbery, two counts of Kidnapping, and two counts of Assault with Intent to Kill. Mr. Hardin received a 30-year sentence from the Honorable J. Derham Cole on May 16, 2001.

(f)   State v. William Marion Mills, Indictment No. 01-GS-42-2052. Jury trial. Mr. Mills was found guilty of Burglary 1st degree and Pettit Larceny. Mr. Mills received a 20-year sentence from the Honorable J. Derham Cole on September 26, 2001.

(g)   State v. Jimmy Dodd, Jr., Indictment No. 01-GS-42-2428. Jury trial. Mr. Dodd was found guilty of Armed Robbery and received a Life Sentence from the Honorable J. Derham Cole on   January 8, 2002.

(h)   State v. Leonard Lee Foster, Indictment No. 02-GS-11-142. Jury trial. Mr. Foster was found guilty of Felony DUI and Reckless Homicide and received a 25-year sentence on the Felony DUI (Death) and a 10-year consecutive sentence on the Reckless Homicide charge from the Honorable Gary E. Clary on March 20, 2002.

(i)   State v. Billy Ray Henson, Indictment No. 02-GS-42-826. Jury trial. Mr. Henson was found guilty of Armed Robbery and received a Life Sentence from the Honorable J. Derham Cole on June 1, 2002.

(j)   State v. Christopher Clarke Horton, Indictment No. 02-GS-42-1589. Jury trial. Mr. Horton was found guilty of Reckless Homicide and not guilty of Felony DUI (Death) and received a 10-year sentence from the Gary E. Clary on August 8, 2002.

(k)   State v. Ricky Dennis Gentry, Indictment Nos. 01-GS-42-1298, 01-GS-42-1299, 02-GS-42-4273, 02-GS-42-4274, 02-GS-42-4293,   and 02-GS-42-4294. Jury trial. Mr. Gentry was found guilty of Accessory Before the Fact of Armed Robbery and Accessory Before the Fact of Assault and Battery with Intent to Kill and not guilty of Murder, Assault and Battery with Intent to Kill, Armed Robbery, and Accessory Before the Fact of Murder. Mr. Gentry received a 30-year sentence for the Accessory Before the Fact of Armed Robbery and a 20-year sentence for the

(l)   State v. Larry Allen Eubanks, Indictment Nos. 02-GS-42-5218 and 02-GS- 42-5219. Jury trial. Mr. Eubanks was found guilty of Burglary 1st Degree and Petit Larceny. Mr. Eubanks received an 18-year sentence for Burglary 1st Degree and 30 days for the Petit Larceny from the Honorable Larry Patterson on January 22, 2003."

Mr. Barnette provided the following list of major cases that were handled and prepared for trial by him in which the defendants pled guilty prior to going to trial:

"(a)   State v. Brian Keith Clyburn, Indictment Nos. 99-GS-42-1719 thru 99-GS-42-1721. Mr. Clyburn pled guilty to two counts of Kidnapping and one count of Criminal Sexual Conduct in front of the Honorable J. Derham Cole and received a 30-year sentence on January 18, 2001.

(b)   State v. Julio Cesar Alexander, Indictment Nos. 01-GS-42-718 and 01-GS-42-719. Mr. Alexander pled guilty to two counts of Felony DUI (Death) in front of the Honorable Gary E. Clary and received a 13-year sentence on August 6, 2001.

(c)   State v. Jamie Latroy Manning, Indictment Nos.   01-GS-42-1638 thru 01-GS-42-1640. Mr. Manning pled guilty to Accessory after the fact of Murder, two counts of Assault with Intent to Kill in front of the Honorable Gary E. Clary and received a 35-year sentence (all sentences were consecutive) on December 4, 2001.

(d)   State v. Warren Jones, Indictment Nos. 01-GS-42-2032 and 01-GS-42-2033. Mr. Jones pled guilty to Armed Robbery and Kidnapping in front of the Honorable Gary E. Clary and received a 20-year sentence on December 7, 2001.

(e)   State v. Michael Chavis Osbey, Indictment Nos.   01-GS-42-1294 and 01-GS-42-1295. Mr. Osbey pled guilty to Murder and Assault and Battery with Intent to Kill in front of the Honorable J. Derham Cole and received a 40-year sentence on March 25, 2002.

(f)   State v. Timothy Anderson, Indictment No. 02-GS-42-3253.

Mr. Anderson pled guilty to Felony Driving Under the Influence in front of the Honorable Ned Miller and received a 25-year sentence on February 28, 2003."

Mr. Barnette provided the following list of jury trials that he tried with Solicitor Harold G. "Trey" Gowdy:

"(a)   State v. Richard Bernard Moore, Indictment Nos. 00-GS-42-617, 00-GS-42-619, and 01-GS-42-2460.   Jury trial. Mr. Moore was found guilty of Murder, Armed Robbery, and Assault with Intent to Kill. He received a sentence of Death by the Jury and issued by the Honorable Gary E. Clary on October 22, 2001. Deputy Solicitor Donnie Willingham was also involved in this death penalty trial.

(b)   State v. Anthony Michael Owens, Indictment Nos. 01-GS-42-902 thru 01-GS-42-909. Jury trial. Mr. Owens was found guilty of three counts of Kidnapping, one count of Assault and Battery with Intent to Kill, and three counts of Assault with Intent to Kill. He received a life sentence from the Honorable J. Derham Cole on November 15, 2001.

(c)   State v. William C. Seich, Indictment No. 02-GS-42-374. Jury trial. Mr. Seich was found guilty of Murder. He received a life sentence.

(d)   State v. Timothy Wilbanks, Indictment Nos. 02-GS-42-5135 and 02-GS-42-5136. Jury trial. Mr. Wilbanks was found guilty of Armed Robbery and Possession of Stolen Vehicle over $1,000.00. Mr. Wilbanks received a 16-year sentence on the Armed Robbery conviction and a 5-year sentence from the Possession of Stolen Vehicle conviction from the Honorable Larry Patterson on April 17, 2003."

Mr. Barnette reported that he has also been involved in the handling of bond hearings, trial motions, and developing the trial docket for the Solicitor's Office for General Sessions Court.

Mr. Barnette reported regarding civil court matters he has handled: "I was a Spartanburg County Magistrate Court Judge from July 1996 to January 2001. I was in charge of the Civil Division for four years from July 1996 to July 2000. I handled the non-jury civil cases for the Spartanburg Magistrate Court as well as the eviction actions, claim and delivery

Mr. Barnette reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   None;
(b)   State:     Daily."

Mr. Barnette reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

"(a)   Civil:   From July 1996 to July 2000, 90% as the Spartanburg County Magistrate Judge in charge of the Civil Division involving non-jury and jury matters. From July 2000 to January 2001, 10% involving jury trials involving civil matters.

(b)   Criminal:   From July 1996 to July 2000, 10% as Spartanburg County Magistrate Court Judge involving criminal trials, issuance of arrest warrants and search warrants, preliminary hearings, and bond hearings; from January 2001 to present, 100% involving jury trials, motions, bonds, and the scheduling of Solicitor's Office matters in General Sessions Court.

(c)   Domestic:   None."

Mr. Barnette reported the percentage of his practice in trial court during the last five years as follows:

"(a)   Jury:       30%;

(b)   Non-jury:   70%."

Mr. Barnette provided that he most often served as chief counsel.

The following is Mr. Barnette's account of his five most significant litigated matters:
"(a)   State v. Alonzo Mack, General Sessions Indictment No. 95-GS-42-2742. Mr. Mack was convicted of Murder and Possession of a Firearm during the Commission of a Violent Crime by a jury. The defendant was sentenced by the Honorable Paul Burch to a Life Sentence on the murder conviction and five years on the Possession of a Firearm conviction on May 30, 1996. Mr. Mack had murdered Darren Wayne Thomas in the front of his apartment witnessed

Mr. Barnette reported that he has not personally handled any civil or criminal appeals.

Regarding prior judicial positions that he had held, Mr. Barnette reported:

"Appointed as a Spartanburg County Magistrate Court Judge from July 1996 to January 2001. The Magistrate Court has jurisdiction of civil matters up to $7,500, all landlord and tenants matters involving evictions and failure to pay rent, claim and delivery matters, all criminal matters up to 30 days and/or $500, Transfer Court involving all crimes transferred from the Court of General Sessions that carry up one year in prison and a $1,000 fine, bond hearings on all crimes that carry a sentence less than life imprisonment, issuing arrest warrants, issuing search warrants, preliminary hearings and judicial sales."

Mr. Barnette provided the following list of significant orders:

(a)   George T. Rammantanin v. McDaniel Leasing, Abed Armaly, and Kelly Harris, Spartanburg County Magistrate Court Case No. 97-13288. Affirmed on appeal in Spartanburg County Common Pleas Court Case No.: 97-CP-42-2671 by the Honorable Henry F. Floyd.

(b)   Delbert Tangeman v. Barry and Alice Mallek, Spartanburg County Magistrate Court Case No. 99-10242. Affirmed on appeal in Spartanburg County Common Pleas Court Case No.: 00-CP-42-1318 by the Honorable Gary E. Clary.

(c)   Marco Gambuzza v. Greg Godbout d/b/a Team Motorsports, Inc., Spartanburg County Magistrate Court Case No. 97-15268. Affirmed on appeal in Spartanburg County Common Pleas Court Case No.: 98-CP-42-1783 by the Honorable Thomas J. Erwin.

(d)   Britton Norwood Ballenger v. Jeff D. Moss and Betty Ballenger v. Jeff D. Moss, Spartanburg County Magistrate Court Case No. 96-11177. Affirmed on appeal in Spartanburg County Common Pleas Court Case No. 97-CP-42-760 by the Honorable Roger L. Couch.

(e)   Waylon M. and Gloria J. Sasser v. Jimmy L. Brock, Spartanburg County Magistrate Court Case No. 97-502. Affirmed on appeal in the Spartanburg County Common Pleas Court Case No. 97-CP-42-1352 by the Honorable C. Victor Pyle, Jr.

Mr. Barnette reported that he has never held a public office other than judicial office. Mr. Barnette further provided that he was a candidate for Circuit Court At-Large Seat 5 in 2002. He was found qualified but was not nominated.
(9)   Judicial Temperament:

The Commission believes that Mr. Barnette's temperament would be excellent.
(10)   Miscellaneous:

The Upstate Citizens Advisory Committee reported: "Mr. Barnette was found to be a most competent lawyer. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

Mr. Barnette is married to Tina Mae Barnette. He has two children: Benjamin Joseph Barnette, age 10; and Kelsey Morgan Barnette, age 8.

Mr. Barnette reported that he was a member of the following bar associations and professional associations:

"(a)   South Carolina Bar;

(b)   West Virginia Bar;

(c)   South Carolina Summary Judges Association."

Mr. Barnette provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

"(a)   South Carolina Football Officials Association (SCFOA). Received the Carol Blackwell Award as District Two's outstanding official for the 2000 Football Season;

(b)   Member of the National Youth Sports Coaches Association (NYSCA);

(c)   Member of the Westminster Presbyterian Church in Spartanburg, South Carolina."

Mr. Barnette additionally reported that he was a member of the Commission on Judicial Conduct as a Magistrate from December 1997 to January 2001 and received the Greater Spartanburg Optimist Club award for excellence in prosecution for 2002.

The Commission stated that Mr. Barnette is a highly-valued employee of the Seventh Circuit Solicitor's Office. They noted his reputation as a great lawyer in the community as well as the fact that he did an outstanding job when he served as a magistrate.

(1)   Constitutional Qualifications:

Based on the Commission's investigation, Judge Couch meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Judge Couch was born on February 1, 1950. He is 53 years old and a resident of Spartanburg, South Carolina. Judge Couch provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1975.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Couch.

Judge Couch demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Couch reported that he has not made any campaign expenditures for anything other than those for travel and room and board.

Judge Couch testified he has not:

(a)   sought or received the pledge of any legislator prior to screening;

(b)   sought or been offered a conditional pledge of support by a legislator;

(c)   asked third persons to contact members of the General Assembly prior to screening.

Judge Couch testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Judge Couch to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Couch described his continuing legal or judicial education during the past five years as follows:
"I have maintained my required continuing legal education as required with an emphasis on seminars which would assist me in my work as a Master-in-Equity.

(a)   03/26/99   Mechanic's Liens;

(b)   12/17/99   Ten Things You Need to Know;

(c)   10/08/99   Non-Jury Practice;

(d)   10/13/00   Business Torts/Master-in-Equity;

(e)   12/16/00   Ethics, Productivity & Stress Management;

(f)   12/15/00   Top Ten Things You Need to Know;

(g)   01/05/01   Statewide Meeting;

(h)   10/12/01   Master-in-Equity Bench/Bar;

(i)   02/15/02   Master-in-Equity;

(j)   08/01/02   2002 Annual Convention;

(k)   10/11/02   Master-in-Equity Bench/Bar."

Judge Couch reported that he has taught the following law-related courses:

"(a)   Business Law at Spartanburg Methodist College in the late 1970's and assisted my law partner as a lecturer in Business Law at Wofford College in the later 1970's and early 1980's;

(b)   I was the coordinator of the South Carolina Bar's, Master-in-Equity Bench and Bar Conference held in Columbia, South Carolina, in October of 2002;

(c)   I have been asked to speak at the Bar's Master-in-Equity Bench and Bar Conference this fall."

Judge Couch reported regarding articles he has published:

"During my service as the President of the South Carolina School Boards Association, I had several articles published in its publications concerning school board-related issues."
(4)   Character:

The Commission's investigation of Judge Couch did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Couch did not indicate any evidence of a troubled financial status. Judge Couch has handled his financial affairs responsibly.

The Commission also noted that Judge Couch was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:

Judge Couch reported that his last available Martindale-Hubbell rating was "BV."

Judge Couch further provided regarding elected positions he has held:

"From March 1997 until June 1997, I served as an elected school board member in Spartanburg County School District 6."
(6)   Physical Health:

Judge Couch appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:

Judge Couch appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:

Judge Couch was admitted to the South Carolina Bar in 1975. He gave the following account of his legal experience since graduation from law school:

"Henderson, Lister, Couch & Brandt, 1975-1985.   I had a general practice of law and worked primarily in real estate transactions, probate practice, family court, personal injury, and some worker's compensation;
Lister & Couch, 1985-1989, same areas of practice as are listed above;
Lister, Couch & Courtney, 1989-1997, same areas of practice;
Master-in-Equity for Spartanburg County, 1997-present."

Judge Couch provided the following information regarding his criminal and civil experience:

In the five years immediately preceding my taking the position of Master-in Equity, I represented clients who were involved in several criminal matters. Most of those cases were resolved by plea negotiations or pretrial intervention. The types of criminal cases that I have handled in my career include: pointing a fire arm, committing a lewd act on a minor, failure to stop for a blue light, credit card fraud, DUI, criminal sexual conduct and kidnapping. I have tried at least three criminal cases to a jury verdict in General Sessions Court and many in Magistrates Court. While most of my trial practice involved civil matters, I do believe that my experience with criminal matters is adequate for me to be able to preside over these cases with competence.

On the civil side of the court, I have tried numerous cases to verdict and I have been involved in complex civil litigation. Most of the cases that I was involved in were for the Plaintiff. The cases included: auto torts, property rights, FELA cases in U.S. District Court, medical and dental malpractice, workers' compensation appeals, personal injury cases, etc. I have taken many of these cases to verdict and have settled many six-figure settlements.

For the last six years as master-in-equity, I have handled all types of non-jury civil litigation matters. I have served as a special circuit judge in Cherokee County and was primarily responsible for that County's non-jury docket. I presided over numerous non-jury trials during that period of time."

Judge Couch reported the following judicial offices he has held:

(a)   Town Judge (Recorder) for the Town for the town of Cowpens, July 1982 to June 1986; I was appointed by the town council, the Court handled misdemeanor criminal offenses and traffic cases, both jury and non-jury.

(b)   Special Master-in-Equity for Spartanburg County, July 1, 1997 to June 15, 1998; appointed by the Chief Justice to fill expired term of former Master-in-Equity during a period when the judicial appointments were held up by the legislature.

(c)   Master-in-Equity for Spartanburg County, June 15, 1998 to Present; this Court is the equity division of the circuit court.

(d)   Special Circuit Court Judge for the Seventh Judicial Circuit; appointed on an annual basis by the Chief Justice to handle certain non-jury matters such as pre and post trial motions, approval of settlements, receive grand jury reports, etc. In this capacity I handle all of the non-jury docket in Cherokee County."
(9)   Judicial Temperament:

The Commission believes that Judge Couch's temperament has been and would continue to be excellent.
(10)   Miscellaneous:

The Upstate Citizens Advisory Committee reported: "Judge Couch was found to be a most competent and excellent jurist. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

Judge Couch is married to Joy Elaine Ayers. He has two children. William Ramsey Couch, age 22; and Robert Ashmore Couch, age 22. He also has one step-child, James Dyar Jennings, age 23.

Judge Couch reported that he was a member of the following bar associations and professional associations:

"(a)   Spartanburg County Bar Association;

(b)   South Carolina Bar Association."

Judge Couch provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

"(a)   Downtown Spartanburg Rotary Club."

The Commission stated that Judge Couch is known for running an efficient court as Spartanburg County Master-in-Equity. The Commission also noted that Judge Couch is always well prepared to hear a case and knows the law. Judge Couch has a reputation as a fair and impartial judge.

(1)   Constitutional Qualifications:

Based on the Commission's investigation, Mr. Winter meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Mr. Winter was born on October 28, 1944.   He is 58 years old and a resident of Gaffney, South Carolina. Mr. Winter provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1970.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Winter.

Mr. Winter demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Winter reported that he has not made any campaign expenditures.

Mr. Winter testified he has not:

(a)   sought or received the pledge of any legislator prior to screening;

(b)   sought or been offered a conditional pledge of support by a legislator;

(c)   asked third persons to contact members of the General Assembly prior to screening.

Mr. Winter testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Mr. Winter to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Winter described his continuing legal or judicial education during the past five years as follows:

"I have fully complied with mandatory continuing legal education for the past five years.

(a)   05/13/98   Elder Law in S.C.;

(b)   04/17/98   Seeing the Jury Trial Through;

(c)   12/03/99   Family Court/Bench Bar;

(d)   12/17/99   Ten Things You Need To Know;

(e)   10/20/00   DUI;

(f)   11/17/00   Adoption Law in S.C.;

(g)   11/18/00   21 Ways to Avoid Malpractice Claims & Ethical Violation;

(h)   11/8/01   Software Solutions;

(i)   12/7/01   Practical Legal Ethics;

(j)   12/15/01   Course 01-49;

(k)   12/21/01   Course 01-26;

(l)   12/19/02   Workers' Compensation Hearings in South Carolina;

(m)   12/20/02   20/20: An Optimal View of 2002."

Mr. Winter reported that he has taught the following law-related course:

"As a member of the Judge Advocate General's Corps, United States Army, I instructed senior students at the Citadel during my annual active duty. The topic was the Uniform Code of Military Justice."

Mr. Winter reported that he has not published any books and/or articles.
(4)   Character:

The Commission's investigation of Mr. Winter did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Winter did not indicate any evidence of a troubled financial status. Mr. Winter has handled his financial affairs responsibly.

The Commission also noted that Mr. Winter was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:

Mr. Winter reported that his Martindale-Hubbell rating was "AV."

Mr. Winter gave the following account of his military service:
"Active duty United States Army, Judge Advocate General's Corps. 1969-1973; United States Army Reserve 1974-1994 with active duty in Saudi Arabia during Desert Storm September 1990-May 1991; Present Status, Retired Reserve, Honorable Discharge, Highest Rank, Colonel."

Mr. Winter further reported that he has never held public office.

Mr. Winter appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:

Mr. Winter appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:

Mr. Winter was admitted to the South Carolina Bar in 1970. He gave the following account of his legal experience since graduation from law school:
"1969 - 1973   Active duty with United States Army Judge Advocate General's Corps. Served as trial counsel and defense counsel in Court Marital with extensive experience. Performed services in military legal assistance office.
1973 - 1990   Performed as a partner in the law firm of Hall, Daniel, Winter & Clary. I engaged in the general practice of law including family law, general litigation, real estate, criminal law, workers' compensation, and business law. I had a part-time job as Assistant Solicitor in the Seventh Judicial Circuit for approximately ten years.

1990 - 1991   Active duty with the Judge Advocate General's Corps, United States Army in Saudi Arabia. Performed legal services at the United States Army Command.

1991 - present   Partner in the law firm of Winter & Rhoden. I engage in the general practice of law including family law, general litigation, real estate, criminal law, workers' compensation, and business law."

Mr. Winter provided the following information regarding his experience in criminal matters:

"I have had extensive trial experience in criminal matters commencing with my service in the United States Army. I served as part-time Assistant Solicitor for Cherokee County for approximately ten years.

In 1993, I acted as counsel for Defendant Irving Lee Myers (1992GS1100730). This case involved a murder for hire and the State sought the death penalty. The Public Defender and I tried this case over the course of several weeks. It resulted in a life sentence for the Defendant.

In September 1999, I represented a Defendant (State v. Atlas Brown) in a trafficking drugs 400 grams or more case. The Defendant was not convicted as the State was unable to

I have tried numerous cases in the Family Court involving juvenile offenses. I have tried many felony cases and other cases in the Court of General Sessions."

Mr. Winter provided the following information relating to his experience in civil matters:

"I have been engaged in an active practice of civil law since 1973. My representation is approximately 75% Plaintiff and approximately 25% Defendant.

I recently completed a three-day condemnation case involving the South Carolina Department of Transportation. There were numerous legal issues involved as in any condemnation case. However, the credibility of the witnesses was tantamount. My client received a favorable monetary verdict (Judgment Roll #45,157, Cherokee County).

I recently represented a commercial bank in a contested litigation involving a Promissory Note executed in favor of my client. The Plaintiff filed his complaint seeking the reformation of the Promissory Note. My client prevailed in this case. The main legal issue was reformation and the essential elements of reformation (Judgment Roll #46,183, Cherokee County).

Several years ago, I tried a personal injury case wherein my client received an award of $27,450.00. The case involved legal issues of premises liability. Plaintiff was injured at a shopping center in Gaffney, South Carolina (Judgment Roll #32,056, Cherokee County).

I have been appointed to numerous Post Conviction Relief actions. I recently litigated one wherein my client is serving a life sentence for murder. The legal issue was the competency of trial counsel. This matter is on appeal. I believe the cumulative effect of the trial counsel's errors deprived Defendant of a fair trial (Judgment Roll #45,195, Cherokee County)."

Mr. Winter reported the frequency of his court appearances during the last five years as follows:

"(a)   Federal:   In the past five years I have had approximately three appearances in the Federal Court.

(b)   State:     In the past five years I have appeared on a very frequent basis in the Circuit Court, Family Court, Probate Court, and Magistrate Court."

Mr. Winter reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

"(a)   Civil:       25%;

(b)   Criminal:     25%;

(c)   Domestic:   25%."

Mr. Winter reported the percentage of his practice in trial court during the last five years as follows:

"(a)   Jury:       50%;

(b)   Non-jury:   50%."

Mr. Winter provided that he most often served as "sole counsel except in the death penalty case herein referenced."

The following is Mr. Winter's account of his five most significant litigated matters:

"(a)   State v. Irving Lee Myers, Case No. 1992-GS-1100730. The Defendant was tried for murder for hire. The State sought the death sentence. The trial took close to three weeks. Although evidence of guilt seemed overwhelming the Defendant did not receive the death sentence.

(b)   I represented a Plaintiff in a personal injury case involving premises liability at a shopping center in Gaffney. She received a jury verdict of $27,450.00. The Defendant denied liability (Judgment Roll #32,056, Cherokee County).

(c)   In a litigated matter with the Attorney General's Office, I represented Petitioner Frazier Williams in a Post Conviction Relief matter. He is serving a sentence for murder. Although not successful at trial the matter is on appeal. I believe the appeal has a good chance of success because of numerous errors of trial counsel (Judgment Roll #45,195, Cherokee County).

(d)   In September 1999, I represented Atlas Brown in a trafficking drug case. He faced a mandatory sentence of twenty-five years, if convicted. He was not convicted. I think two co-defendants were convicted and received the mandatory sentence.

(e)   I recently represented a Plaintiff in a jury trial in Magistrate Court. It involved a 'fender bender' according to the defense. The highest offer of settlement was $100.00. It was Defendant's position that there was no injury since there was no physical evidence of severe impact. The matter was tried before a

Mr. Winter reported regarding civil appeals that he has personally handled:

"I have an active general practice at the trial court level. I have not engaged in the appeal of civil cases. It is the practice in our law firm that my partner handles any appeals."

Mr. Winter reported that he has never held judicial office.
(9)   Judicial Temperament:

The Commission believes that Mr. Winter's temperament would be excellent.
(10)   Miscellaneous:

The Upstate Citizens Advisory Committee reported: "Mr. Winter consistently exhibits the temperament, professional courtesy, integrity, and character necessary to hold a circuit judgeship. He is qualified by his experience, intellect, and character to be a circuit judge."

Mr. Winter is married to Carla Cooper Winter. He has two children: Elizabeth R. Winter, age 31; and Ann L. Winter, age 28.

Mr. Winter reported that he was a member of the following bar associations and professional associations:

"(a)   American Bar Association;

(b)   South Carolina Bar Association;

(c)   Virginia Bar Association;

(d)   Cherokee County Bar Association."

Mr. Winter provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

"(a)   Board of Trustees, Limestone College, Gaffney, South Carolina;

(b)   Episcopal Church of the Incarnation, Gaffney, South Carolina, Vestry Member;

(c)   Salvation Army Board of Directors, Cherokee County, South Carolina."

The Commission stated that Mr. Winter has a breadth of experience which is unique and would serve him well as a Circuit Court judge. The Commission commented that Mr. Winter is also known for his great temperament and the fact that his "word is his bond."

The following candidates were found qualified and nominated:

Barry J. Barnette   Circuit Court for the Seventh
Judicial Circuit, Seat 2
Roger L. Couch   Circuit Court for the Seventh
Judicial Circuit, Seat 2
William E. Winter, Jr.   Circuit Court for the Seventh
Judicial Circuit, Seat 2

Respectfully submitted,

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
Professor John P. Freeman
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

Received as information.

The following was received:

The Honorable Garry R. Smith
South Carolina House of Representatives
312 A Blatt Building
Columbia, S.C. 29201

Dear Representative Smith:

It is with pleasure that I appoint you to serve on the Medical, Military, and Municipal Affairs Committee, effective Tuesday, June 3, 2003. I know that you will serve the committee with honor and

I look forward to working with you this year.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

The following was received:

Columbia, S.C., May 29, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 542:

S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY OR WATERS ADJACENT TO SANTEE COOPER RESORT IN ORANGEBURG COUNTY ON LAKE MARION WITHIN TWO HUNDRED YARDS OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 29, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 478:

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 593:

S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Very respectfully,
President
Received as information.

The SPEAKER ordered the following veto printed in the Journal:

June 3, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3436 (Word version), R. 101, AN ACT TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

Sincerely,
Mark Sanford
Governor

The Veto on the following Act was taken up:

(R101) H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: AN ACT TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Chellis                Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The SPEAKER ordered the following veto printed in the Journal:

June 3, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4091 (Word version), R. 108, A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 4091, R. 108 is unconstitutional.
Though well-intentioned as it might be, H. 4091, R. 108 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the state to

Sincerely,
Mark Sanford
Governor

The Veto on the following Act was taken up:

(R108) H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Owens                  Rice                   Skelton
Trotter

Those who voted in the negative are:

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Chair appointed Reps. HARRELL, KIRSH and RICE to the Committee of Conference on the part of the House to the following Bill and a message was ordered sent to the Senate accordingly:

H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. SHEHEEN raised the Point of Order that in accordance with Section 768 (4) of Mason's Manual of Legislative Procedure, the same members could not be appointed to more than one conference or free conference committee on the same subject.
SPEAKER WILKINS stated that Section 768 further stated that while this practice is still rigidly adhered to in some legislatures, it has been relaxed in Congress and other states. SPEAKER WILKINS stated that this section of Mason's was not adhered to in South Carolina and the same conferees had been reappointed before. He therefore overruled the Point of Order.

The Senate amendments to the following Bill were taken up for consideration:

H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M. A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E. H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D. C. Smith, McLeod, Thompson and J. E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS

Rep. LUCAS proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\5561CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 23-31-420(A) of the 1976 Code, as added by Act 464 of 1996, is amended to read:

"(A)   Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five four one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this creates an inference that the person was under the influence of alcohol."
SECTION   2.   Section 50-21-114(A) and (B) of the 1976 Code, as amended by Act 124 of 1999, is further amended to read:

"(A)(1)   A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of

(2)   The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may administer the tests so long as it is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples, but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3)   A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4)   The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

(5)   The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6)   SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B)   In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five four one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."
SECTION   3.   Section 56-1-286(V) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"(V)   Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten eight one-hundredths of one percent."
SECTION   4.   Section 56-5-2933 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

"Section 56-5-2933.   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten eight one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop arrest. This section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot must not be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

(1)   whether or not the person was lawfully arrested or detained;

(2)   whether or not probable cause existed to justify the stop;

(3)(2)the period of time between arrest and testing;

(4)(3)   whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;

(5)(4)   whether the person consented to taking a test pursuant to Section 56-5-2950, and the:

(a)   reported alcohol concentration at the time of testing was ten eight one-hundredths of one percent or more;

(b)   individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and

(d)   machine was working properly.

Nothing contained in this section prohibits the introduction of:

(1)   the results of any additional tests of the person's breath or other bodily fluids;

(2)   any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:

(a) evidence of field sobriety tests;

(b) evidence of the amount of alcohol consumed by the person; and

(c) evidence of the person's driving;

(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or

(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.

At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence.

A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least fourteen days before his trial date."
SECTION   5.   Section 56-5-2950 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2950.   (a)(A)   A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten eight one-hundredths of one percent or above, the officer may not require

No tests may be administered or samples obtained unless the person has been informed in writing that:

(1)   he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;

(2)   his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen eight one-hundredths of one percent or more;

(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;

(4)   he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and

(5)   he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his

The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.

SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

(b)(B)   In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:

(1)   If the alcohol concentration was at that time five four one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.

(2)   If the alcohol concentration was at that time in excess of five four one-hundredths of one percent but less than ten eight one-hundredths of one percent, that fact does not give rise to any inference that the person was or was not under the influence of alcohol,

(3)   If the alcohol concentration was at that time ten eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.

(4)   If the alcohol concentration was at that time ten eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.

(c)(C)   A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a)(A) of this section.

(d)(D)   A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence."
SECTION   6.   Section 56-5-2951 of the 1976 Code, as last amended by Act 354 of 2002, is further amended to read:

"Section 56-5-2951.   (A)   The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen eight one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(B)   If the test registers an alcohol concentration of ten eight one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.

(C)   If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(D)   Within thirty days of the issuance of the notice of suspension the person may:

(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A one hundred dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and

(2)   request an administrative hearing.

At the administrative hearing if:

(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);

(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(E)   The period of suspension provided for in subsection (K) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(F)   If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but continues for the period provided for in subsection (K).

(G)   The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and request an administrative hearing. The notice of suspension also shall advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K).

(H)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1)   was lawfully arrested or detained;

(2)   was advised in writing of the rights enumerated in Section 56-5-2950;

(3)   refused to submit to a test pursuant to Section 56-5-2950; or

(4)   consented to taking a test pursuant to Section 56-5-2950, and the:

(a)   reported alcohol concentration at the time of testing was fifteen eight one-hundredths of one percent or more;

(b)   individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and

(d)   the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.

(I)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.

(J)(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, 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.

(3)   The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the

(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(K)(1)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:

(a)   ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or

(b)   thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen eight one-hundredths of one percent or more.

(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen eight one-hundredths of one percent or more.

(L)   A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program

(M)   When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

(N)   The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.

(O)   A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

(P)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.

(Q)   The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions.

(R)   If a person does not request an administrative hearing within the ten-day thirty-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

Rep. HARRISON explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4336 (Word version) -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE IMPOSITION OF A FIVE-DOLLAR DAILY OCCUPATION TAX ON THE NONOWNER

H. 4337 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF OCONEE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4339 (Word version) -- Reps. Altman, Harrell and Scarborough: A BILL TO AMEND SECTION 61-2-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE AUTHORITY OF THE STATE, THROUGH THE DEPARTMENT OF REVENUE, TO REGULATE RETAIL LOCATIONS AUTHORIZED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR OTHER GOVERNMENT OR QUASI-GOVERNMENTAL ENTITY FROM REGULATING OR PROHIBITING THE SALE, POSSESSION, OR CONSUMPTION OF TOBACCO PRODUCTS AT THOSE LOCATIONS, AND TO PROVIDE FOR PENALTIES FOR A VIOLATION.
Referred to Committee on Judiciary

H. 4348 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR THE DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION AND THE CONVERSION OF A DOMESTIC BUSINESS CORPORATION TO A DOMESTIC NONPROFIT CORPORATION, A FOREIGN NONPROFIT CORPORATION TO A DOMESTIC BUSINESS CORPORATION, AND A DOMESTIC BUSINESS CORPORATION TO A DOMESTIC UNINCORPORATED ENTITY,

H. 4354 (Word version) -- Reps. Hagood, Littlejohn and Young: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
Referred to Committee on Judiciary

S. 169 (Word version) -- Senator Gregory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-04, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM

S. 194 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 293 (Word version) -- Senators Hawkins, Ritchie and Reese: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 576 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
Referred to Committee on Labor, Commerce and Industry

S. 721 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 727 (Word version) -- Senator Land: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT TWO OF CLARENDON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following was introduced:

H. 4338 (Word version) -- Reps. Cobb-Hunter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack,

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4340 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND THAD O. STRICKLAND FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND STATE AS OWNER AND PRESIDENT OF TN CONSTRUCTION COMPANY IN SPARTANBURG.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4341 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND ALBERT B. JOLLY, JR. FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4342 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND TED PARR AND EVERETTE MATTHEWS FOR THEIR PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS THEY HAVE MADE TO THEIR COMMUNITY AND STATE AS PRESIDENT AND VICE PRESIDENT OF METAL BUILDERS, INCORPORATED IN SPARTANBURG.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4343 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND LARRY DEAN PRICE FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND STATE AS OWNER OF PRICE CONSTRUCTION COMPANY IN CHESNEE, SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4344 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INDIVIDUALS WHO MAINTAINED THE NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, OVER THE

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4345 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO THANK AND CONGRATULATE JUDY WESTON FOR HER MANY YEARS OF DEDICATED PUBLIC SERVICE AND VITAL CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF HER RETIREMENT AND WISH HER WELL IN ALL HER FUTURE ENDEAVORS, ESPECIALLY IN HER BELOVED ROLE OF "GRANDMOTHER".

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4346 (Word version) -- Reps. Keegan, Clemmons, Edge, Hayes, Viers, Witherspoon, Miller and Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF OCEAN BOULEVARD IN SURFSIDE BEACH FROM 17TH AVENUE NORTH TO MELODY LANE, IN HONOR OF TERRY BENJAMIN COOPER OF HORRY COUNTY, AND INSTALL APPROPRIATE MARKERS OR SIGNS ON OCEAN BOULEVARD CONTAINING THE WORDS "THE TERRY COOPER BOULEVARD", SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE EXEMPLARY SERVICE OF THIS MODEL SOUTH CAROLINIAN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4347 (Word version) -- Rep. Skelton: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE D. W. DANIEL HIGH SCHOOL BOYS SOCCER TEAM AND THE TEAM'S COACH, TOMMY BOLGER OF CENTRAL, SOUTH CAROLINA, IN PICKENS COUNTY, ON THEIR OUTSTANDING PERFORMANCE, DEDICATION, AND DETERMINATION THROUGHOUT THEIR INCREDIBLE SEASON AND ON CAPTURING THE 2003 CLASS AAA BOYS SOCCER STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 17, 2003.

The Resolution was adopted.

The following was introduced:

H. 4349 (Word version) -- Rep. Skelton: A HOUSE RESOLUTION TO CONGRATULATE MRS. LIZ SMITH-COX OF CENTRAL ON RECEIVING THE ELIZABETH O'NEILL VERNER GOVERNOR'S AWARD FOR THE ARTS FOR INDIVIDUAL IN ARTS EDUCATION BY THE SOUTH CAROLINA ARTS COMMISSION, TO COMMEND HER FOR HER HARD WORK AND DEDICATION, AND TO WISH HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 4350 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE DR. ROBERT GREENLEE HUDSON, PROFESSOR AT PRESBYTERIAN COLLEGE IN CLINTON, FOR HIS INVALUABLE CONTRIBUTIONS TO THE SCIENCE

The Resolution was adopted.

The following was introduced:

H. 4351 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO COMMEND THE 2002-2003 DORMAN HIGH SCHOOL ACADEMIC TEAM OF SPARTANBURG COUNTY FOR ITS COMMITMENT TO ACADEMIC EXCELLENCE AND TO CONGRATULATE THE TEAM ON WINNING THE AMERICAN SCHOLASTIC COMPETITION NETWORK NATIONAL TOURNAMENT OF CHAMPIONS IN CHICAGO, ILLINOIS.

The Resolution was adopted.

The following was introduced:

H. 4352 (Word version) -- Reps. Skelton, Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION APPLAUDING THE 2002-2003 CLEMSON UNIVERSITY GOLF TEAM AND HEAD COACH LARRY PENLEY ON THEIR FIRST-EVER

The Resolution was adopted.

The following was introduced:

H. 4353 (Word version) -- Reps. Cobb-Hunter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK REPRESENTATIVE JOHN J. "BUBBER" SNOW FOR HIS TIRELESS EFFORTS TO PROMOTE SOUTH CAROLINA'S BEACH MUSIC TRADITION IN SUCH A POSITIVE MANNER WHICH HAS BROUGHT TREMENDOUS CREDIT NOT ONLY TO THE ARTISTS INVOLVED BUT TO THE STATE OF SOUTH CAROLINA AS WELL.

Whereas, Representative John J. "Bubber" Snow for many years has sponsored and promoted music and dance indigenous to South Carolina with particular emphasis on Beach Music; and

Whereas, he is also the author of bills proclaiming the shag as the State dance and Beach Busic as the official popular music of South Carolina; and

Whereas, he has been at the forefront of educating the public to the fact that African American originated music and dance have done so much toward bringing the races together for over half a century which makes South Carolina totally unique in this regard; and

Whereas, his always upbeat countenance, warmth, and friendliness make him a truly great ambassador for the State of South Carolina; and

Whereas, the members of the General Assembly, by this resolution, on behalf of all the citizens of South Carolina, would like to let our good friend know how much his efforts are appreciated and extend to him a big thank you for all that he has done to enhance Beach Music. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize and thank Representative John J. "Bubber" Snow for his tireless efforts to promote South Carolina's Beach Music tradition in such a positive manner which has brought tremendous credit not only to the artists involved but to the State of South Carolina as well.

Be it further resolved that a copy of this resolution be forwarded to John J. "Bubber" Snow.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The roll call of the House of Representatives was taken resulting as follows:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle

Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Gilham                 Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, June 3.

Karl Allen                        Ronald Townsend
Phillip Sinclair                  Todd Rutherford
Thayer Rivers                     Gloria Haskins
Jesse Hines                       Marion Frye

The SPEAKER granted Rep. RHOAD a leave of absence for the week due to illness in the family.

The SPEAKER granted Rep. HARVIN a leave of absence for the day.

Rep. J. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Girls Softball Team, the Class AA State Champions, their coaches and other school officials.

Reps. J. R. SMITH, CLARK, CLYBURN, PERRY, D. C. SMITH and STEWART presented to the House Jason Fulmer, third grade teacher at Redcliffe Elementary School in Aiken, the 2003 South Carolina Teacher of the Year.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House

Bill Number:   H. 3653 (Word version)
Date:   ADD:
06/03/03   UMPHLETT

Bill Number:   H. 3819 (Word version)
Date:   ADD:
06/03/03   G. R. SMITH

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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:

Amend title to conform.

John W. Matthews, Jr.             Robert W. Harrell, Jr.
Thomas C. Alexander               Herb Kirsh
Hugh K. Leatherman                Rex F. Rice
On Part of the Senate.            On Part of the House.

Rep. J. E. SMITH raised the Point of Order that the conference report to H. 3749 was out of order. He cited a previous precedence of April 1, 1976 in which a Bill was considered dead since a conference report was not agreed upon and therefore required the introduction of a new Bill.
SPEAKER WILKINS stated that the reference to the April 1, 1976 ruling was in response to a Parliamentary Inquiry, and was not a Point of Order ruling. He stated further that the House was guided by House Rule 6.6, which states that in all particulars not determined by the House Rules or by the Constitution, the House shall be guided by its previous precedents or by Mason's Manual of Legislative Procedure. He stated that in accordance with Section 770 (6), that for any reason, either house refuses to adopt the report of the committee, the committee shall be discharged and a new committee appointed.   SPEAKER WILKINS stated that a new committee had been appointed prior to the new conference report being signed. He therefore overruled the Point of Order.

Rep. J. E. SMITH raised the Point of Order that the committee conferees did not have the authority to complete, negotiate and conclude on the conference report and that the Bill was out of order.
SPEAKER WILKINS stated that the conferees had been reappointed prior to the signing of the conference report and were acting under the authority of the House. He therefore overruled the Point of Order.

Rep. HARRELL explained the Conference Report.

Rep. J. E. SMITH spoke against the Conference Report.

Rep. LOFTIS spoke against the Conference Report.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Battle                 Bingham                Cato
Ceips                  Chellis                Clark

Clemmons               Coates                 Cooper
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Anthony                Barfield               Bowers
Branham                Breeland               G. Brown
J. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Davenport
Emory                  Freeman                Gourdine
Hamilton               Hayes                  M. Hines
Hosey                  Howard                 Kennedy
Lloyd                  Loftis                 Lourie
Mack                   Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Rivers                 Rutherford             Scott
Sheheen                F. N. Smith            J. E. Smith
Snow                   Stille                 Weeks

Today I voted against the proposed 2003-2004 FY Budget as recommended by the Conference Committee because it fails to fund public education at even the reduced level of this year's budget, which has undergone several mid-year cuts.
In short, we are backing up in our commitment to the public schools at the very time that improvement has started to be realized form the implementation of 5-year old kindergarten, the Education Accountability Act, and reasonable increases in funding for public ed. we provided since the mid-1990's.
While I realize that the shortfall in state revenues versus projections is unprecedented in the last half century, it is extraordinary times and challenges like this that demand that we exhibit unusual leadership and demonstrate commitment to keeping the faith with our schools if we are to truthfully expect to offer a brighter future for S.C.
It had been my hope throughout this session that we could seize upon this dire situation as an opportunity to come together, overcome partisan differences and meet the challenge to provide reasonable funding for public education either through a temporary solution or with a long term revamping our entire revenue/taxation system.
Unfortunately, we have failed to do either and the result will be both a step backwards for public education and our school children coupled with another year of unreasonable increases in local property taxes across the State. The House, Senate, both political parties and the Governor should get an "F"- I only wish we could go back to the beginning or be forced to repeat this grade over as we do for failing students.
Rep. Bill Cotty

Rep. COBB-HUNTER moved that the House recede until 3:00 p.m., which was agreed to.

At 3:00 p.m. the House resumed, the SPEAKER in the Chair.

The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.

The question of a quorum was raised.
A quorum was later present.

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

H. 3819 (Word version) -- Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J. M. Neal, Pinson, E. H. Pitts, M. A. Pitts, Talley, Taylor, Toole, Vaughn, Viers, Walker, Simrill, Gilham and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "PROHIBITION OF

Rep. DELLENEY explained the Bill.

The following Joint Resolution was taken up:

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Reps. COTTY, SCOTT, J. E. SMITH, F. N. SMITH, GOVAN, PERRY, LLOYD, HOSEY, SKELTON, JENNINGS, YOUNG, OTT and MILLER requested debate on the Joint Resolution.

The following Bill was taken up:

S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.

Reps. YOUNG, TRIPP, LEACH, CATO, VAUGHN, SKELTON, TROTTER, HAGOOD, E. H. PITTS, STILLE, SANDIFER, CLEMMONS, WHITMIRE, TALLEY, J. E. SMITH and OWENS requested debate on the Bill.

Rep. DELLENEY moved to adjourn debate upon the following Bill, which was adopted:

S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

The following Bill was taken up:

S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

Reps. F. N. SMITH and LEACH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20684SD03):

"Section 6-1-125.   Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170, the ability to call for or conduct advisory or binding referenda regarding its activities shall rest solely with the governing board of the political subdivision and the governmental bodies which appoint the board, including a county legislative delegation."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LEACH explained the amendment.

Rep. F. N. SMITH spoke in favor of the amendment.

Rep. KENNEDY moved to table the amendment, which was not agreed to.

Reps. KENNEDY, J. E. SMITH, WEEKS, SCOTT, COBB-HUNTER, SNOW, LLOYD, BREELAND, HOSEY, F. N. SMITH, LEACH and J. R. SMITH requested debate on the Bill.

Rep. SCOTT moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:

S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

/Section 61-6-1640.   Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:

( 1)   the establishment must have a permanent seating capacity of fifty or more persons;

( 2)   samples may not be offered from more than four products at any one time;

( 3)   the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;

( 4)   samples must be less than one-half ounce for each product sampled;

( 5)   a person may not be served more than one sample of each product;

( 6)   sampling may not be offered for more than four hours;

( 7)   at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;

( 8)   a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;

( 9)   a licensed establishment may not offer more than one sampling each day; and

(10)   the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler./
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

H. 4077 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD USED FOR CALCULATING THE UNEARNED SERVICE CHARGE REFUND IF THE BORROWER CANCELS BEFORE MATURITY OF A PREMIUM SERVICE AGREEMENT, SO AS TO CHANGE THE METHOD OF CALCULATING THE AMOUNT OF REFUND.

Rep. TRIPP explained the Bill.

Reps. MOODY-LAWRENCE, RIVERS, SKELTON, OTT, BREELAND, HOSEY, CATO, M. HINES, LLOYD, EMORY, GOURDINE, J. BROWN, WITHERSPOON and MAHAFFEY requested debate on the Bill.

The following Bill was taken up:

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR

Reps. SCOTT, J. H. NEAL, GOURDINE, LLOYD, RIVERS, MOODY-LAWRENCE, HOSEY, BREELAND and M. HINES requested debate on the Bill.

The following Bill was taken up:

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

Reps. ALTMAN, J. BROWN, ANTHONY, SKELTON and SCARBOROUGH requested debate on the Bill.

The following Bill was taken up:

S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE 'HOUSEHOLD MEMBER'; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5545CM03):
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/SECTION   __.   Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-29.   (A)   As used in this section:

(1)   'Mental Retardation' means a disability that originated before the age of eighteen and that is characterized by significant limitations both in intellectual functioning and in at least two or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work.

(2)   'Life imprisonment' means imprisonment until death.

(B)   Notwithstanding any other provision of law, a person convicted of murder pursuant to Section 16-3-20 who has been determined by the court to be a person with mental retardation at the time of the commission of the offense may not be sentenced to death but must be sentenced in accordance with this section.

(C)(1)   If the State files notice of intent to seek the death penalty, the court shall, upon request of the defendant or the prosecution, order that a pretrial hearing be held to determine if the defendant is a person with mental retardation. The defendant must give the State notice of the intent to raise the issue of defendant's mental retardation not less than thirty days prior to trial. The court shall consider the findings of court-appointed experts and consider the findings of any other expert and any other relevant evidence including, but not limited to, testimony of lay witnesses offered by the state or the defense on the issue of

(2)   If the court determines the defendant to be a person with mental retardation, the court must declare the case noncapital and, upon conviction, the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found.

(3)   If the court determines that the defendant is not a person with mental retardation, the case may proceed as a capital trial. The jury must not be informed of the prior proceedings or the judge's findings concerning the defendant's claim of mental retardation. If the jury returns a verdict of guilty, the parties are entitled to present evidence to the jury on the issue of whether the defendant has mental retardation if the issue was raised by the defendant prior to trial, proper notice was given, and a pretrial hearing was held on the issue. The jury must be asked to render a special verdict on the issue of mental retardation. The special verdict must ask the jury to answer the question: 'Do you unanimously find, beyond a reasonable doubt, that the defendant does not have mental retardation?' If the jury answers 'yes', the case must proceed to the sentencing phase. If the jury answers 'no', the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found. The pretrial determination of the court does not preclude the defendant from offering evidence of diminished capacity as a mitigating circumstance pursuant to Section 16-3-20(C)(b)(6).

(E)   Within one hundred and twenty days after January 1, 2004, a defendant sentenced to death prior to January 1, 2004, may seek appropriate relief, pursuant to Chapter 27, Title 17, from the defendant's death sentence upon the ground that the defendant was a person with mental retardation, as defined in this section, at the time of

"(b)   Mitigating circumstances:

(1)   The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2)   The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3)   The victim was a participant in the defendant's conduct or consented to the act.

(4)   The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5)   The defendant acted under duress or under the domination of another person.

(6)   The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7)   The age or mentality of the defendant at the time of the crime.

(8)   The defendant was provoked by the victim into committing the murder.

(9)   The defendant was below the age of eighteen at the time of the crime.

(10)   The defendant had mental retardation at the time of the crime. "Mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances

Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances circumstance or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such the death penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such the jury and shall sentence the defendant to life imprisonment as provided in subsection (A)."
SECTION   __.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and

"Section 22-5-910.   Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."/
Amend the bill further, Section 16-25-10 as contained in SECTION 3, page 3, by striking lines 5 through 8 and inserting:
/persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited./
When amended Section 16-25-10 shall read:
/As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in

Rep. LUCAS explained the amendment.

Rep. LUCAS continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. LUCAS having the floor.

Rep. LUCAS moved that the House recur to the Morning Hour, which was agreed to.

The following was received from the Senate:

Columbia, S.C., May 29, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 28:

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

Very respectfully,
President

On motion of Rep. MCGEE, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. MCGEE, BATTLE and COOPER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

On motion of Rep. SKELTON, with unanimous consent, the following was taken up for immediate consideration:

H. 4355 (Word version) -- Reps. Skelton, Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO LARRY PENLEY, HEAD COACH OF THE CLEMSON UNIVERSITY GOLF TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING HIM ON AN OUTSTANDING NATIONAL CHAMPIONSHIP SEASON AND FOR BEING NAMED THE NATIONAL COACH OF THE YEAR BY THE GOLF COACH'S ASSOCIATION.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to Larry Penley, Head Coach of the Clemson University Golf Team, at a date and time to be determined by the Speaker, for the purpose of congratulating him on an outstanding National Championship season

The Resolution was adopted.

The following was introduced:

H. 4356 (Word version) -- Reps. Skelton, Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE LARRY PENLEY, HEAD COACH OF THE CLEMSON UNIVERSITY GOLF TEAM, FOR AN OUTSTANDING NATIONAL CHAMPIONSHIP SEASON AND FOR BEING NAMED THE NATIONAL COACH OF THE YEAR BY THE GOLF COACH'S ASSOCIATION.

The Resolution was adopted.

The following was introduced:

H. 4357 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA THAT THE MOUNTAIN DEW SOUTHERN 500 AND THE CAROLINA

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. LUCAS having the floor:

S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE 'HOUSEHOLD MEMBER'; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5545CM03), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/SECTION   __.   Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-29.   (A)   As used in this section:

(1)   'Mental Retardation' means a disability that originated before the age of eighteen and that is characterized by significant limitations both in intellectual functioning and in at least two or more of the following adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work.

(2)   'Life imprisonment' means imprisonment until death.

(B)   Notwithstanding any other provision of law, a person convicted of murder pursuant to Section 16-3-20 who has been determined by the court to be a person with mental retardation at the time of the commission of the offense may not be sentenced to death but must be sentenced in accordance with this section.

(C)(1)   If the State files notice of intent to seek the death penalty, the court shall, upon request of the defendant or the prosecution, order that a pretrial hearing be held to determine if the defendant is a person with mental retardation. The defendant must give the State notice of the intent to raise the issue of defendant's mental retardation not less than thirty days prior to trial. The court shall consider the findings of court-appointed experts and consider the findings of any other expert and any other relevant evidence including, but not limited to, testimony of lay witnesses offered by the state or the defense on the issue of

(2)   If the court determines the defendant to be a person with mental retardation, the court must declare the case noncapital and, upon conviction, the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found.

(3)   If the court determines that the defendant is not a person with mental retardation, the case may proceed as a capital trial. The jury must not be informed of the prior proceedings or the judge's findings concerning the defendant's claim of mental retardation. If the jury returns a verdict of guilty, the parties are entitled to present evidence to the jury on the issue of whether the defendant has mental retardation if the issue was raised by the defendant prior to trial, proper notice was given, and a pretrial hearing was held on the issue. The jury must be asked to render a special verdict on the issue of mental retardation. The special verdict must ask the jury to answer the question: 'Do you unanimously find, beyond a reasonable doubt, that the defendant does not have mental retardation?' If the jury answers 'yes', the case must proceed to the sentencing phase. If the jury answers 'no', the defendant must be sentenced to life imprisonment if a statutory aggravating circumstance is found pursuant to Section 16-3-20(C)(a) or thirty years if no aggravating circumstance is found. The pretrial determination of the court does not preclude the defendant from offering evidence of diminished capacity as a mitigating circumstance pursuant to Section 16-3-20(C)(b)(6).

(E)   Within one hundred and twenty days after January 1, 2004, a defendant sentenced to death prior to January 1, 2004, may seek appropriate relief, pursuant to Chapter 27, Title 17, from the defendant's death sentence upon the ground that the defendant was a person with mental retardation, as defined in this section, at the time of

"(b)   Mitigating circumstances:

(1)   The defendant has no significant history of prior criminal conviction involving the use of violence against another person.

(2)   The murder was committed while the defendant was under the influence of mental or emotional disturbance.

(3)   The victim was a participant in the defendant's conduct or consented to the act.

(4)   The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.

(5)   The defendant acted under duress or under the domination of another person.

(6)   The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(7)   The age or mentality of the defendant at the time of the crime.

(8)   The defendant was provoked by the victim into committing the murder.

(9)   The defendant was below the age of eighteen at the time of the crime.

(10)   The defendant had mental retardation at the time of the crime. "Mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances

Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances circumstance or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such the death penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such the jury and shall sentence the defendant to life imprisonment as provided in subsection (A)."
SECTION   __.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and

"Section 22-5-910.   Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."/
Amend the bill further, Section 16-25-10 as contained in SECTION 3, page 3, by striking lines 5 through 8 and inserting:
/persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited./
When amended Section 16-25-10 shall read:
/As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in

The amendment was then adopted.

Reps. J. E. SMITH and COBB-HUNTER proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11888AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-25-10 in SECTION 3 of the Bill and inserting:
/Section 16-25-10.   As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, a person under the age of eighteen living in the household, a person who functions cognitively or adaptively under the age of eighteen who lives in the household, and a male and female who are cohabiting or formerly have cohabited./
Amend the bill further, Section 16-25-20(A) page 3, line 11 by deleting /,/ and inserting /,; or/
Amend the bill further, Section 16-25-20(B) page 3, line 18 after the /./ by inserting /The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers./
Amend the bill further, Section 16-25-20(H) page 4, line 38 after /treatment/ by inserting /coordinated/ and on line 39 before the /./ by inserting /with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay/.
Amend the bill further, Section 16-25-65(B) page 6, line 42 after /treatment/ by inserting /coordinated/ and on line 43 before the /./ by inserting /with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay/.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

Section 1-1-1410.   Every state agency, based upon guidelines developed by the Office of Human Resources, State Budget and Control Board, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."
SECTION   __.   A.   The 1976 Code is amended by adding:

"Section 59-1-475.   (A)   The Department of Education and the South Carolina Coalition Against Domestic Violence and Sexual Assault, with the review and approval of Department of Social Services, shall develop guidelines and materials for continuing education concerning domestic and family violence including, but not limited to:

(1)   the nature, extent, and causes of domestic and family violence;

(2)   issues of domestic and family violence concerning children;

(3)   prevention of the use of violence by children;

(4)   sensitivity to gender bias and cultural, racial, and sexual issues;

(5)   the lethality of domestic and family violence;

(6)   legal issues relating to domestic violence and child custody.

(B)   Each school district shall adopt a curriculum for continuing education on domestic and family violence for teachers and appropriate staff based on the guidelines and materials developed by the department pursuant to subsection (A) which must be submitted to the department for approval. No expense shall be incurred by the school districts to administer the implementation of this curriculum."
SECTION   __.   Section 59-20-40(1)(c)(9) of the 1976 Code amended to read:

"(9)   Homebound pupils           2.10

a.   pupils who are homebound

b.   pupils who reside in emergency shelters"
SECTION   __.   Section 59-63-31(A) of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:

"(A)   Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:

(1)   the child resides with one of the following who is a resident of the school district:

(a)   a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;

(b)   a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or

(c)   the child resides with an adult resident of the school district as a result of:

(i)   the death, serious illness, or incarceration of a parent or legal guardian;

(ii)   the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;

(iii)   abuse or neglect by a parent or legal guardian;

(iv)   the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or

(v)   a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;

(2)   the child is emancipated and resides in the school district; or

(3)   the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.; or

(4)   the child resides in an emergency shelter located in the district.

In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
SECTION   __.   A. Section 20-4-20(b) of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"(b)   'Household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, a person under the age of eighteen living in the household, a person who functions cognitively or adaptively under the age of eighteen who lives in the household, and a male and female who are cohabiting or formerly have cohabited."
SECTION   __.   Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-260.   (A)   The Department of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration.

(B)   The purpose of a domestic violence coordinating council is to:

(1)   increase the awareness and understanding of domestic violence and its consequences;

(2)   reduce the incidence of domestic violence in the county or area served;

(3)   enhance and ensure the safety of battered women and their children.

(C)   The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:

(1)   promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;

(2)   establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;

(3)   facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;

(4)   monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;

(5)   providing public education and prevention activities;

(6)   providing professional training and continuing education activities.

(D)   Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, and the education community.

(E)   Each coordinating council is responsible for generating revenue for its operation and administration."
SECTION   __.   Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-3080.   The Department of Social Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:

(1)   the nature, extent, and causes of domestic and family violence;

(2)   issues of domestic and family violence concerning children;

(3)   prevention of the use of violence by children;

(4)   sensitivity to gender bias and cultural, racial, and sexual issues;

(5)   the lethality of domestic and family violence;

(6)   legal issues relating to domestic violence and child custody."/
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was then rejected.

Rep. SINCLAIR moved to adjourn debate upon the following Bill until Wednesday, June 4, which was adopted:

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-

The following Bill was taken up:

S. 549 (Word version) -- Senators Land, Martin, J. V. Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name H-LCI\549.2):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:

"(40)   'Exempt commercial policies' means policies for large commercial insureds where the total combined premiums to be paid for these policies for one insured is greater than fifty thousand dollars annually and as may be further provided for in regulation or in bulletins issued by the director. Exempt commercial policies include all property and casualty coverages except for commercial property and insurance related to credit transactions written through financial institutions."
SECTION 2.   Section 38-7-20 of the 1976 Code is amended to read:

"Section 38-7-20.   (A)   In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the director or his designee an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected written by the company in the State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three-fourths of one percent of the total premiums collected written. For all other types of insurance, the insurance premium tax levied herein in this section is equal to one and one-fourth percent of the total premiums collected written. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.

(B)   The insurance premium taxes collected by the director or his designee pursuant to this section must be deposited by him in the general fund of the State."
SECTION   3.   Section 38-21-170(A) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:

"(A)   Subject to Section 38-21-270, each registered insurer shall report to the department all dividends and other distributions to shareholders within five business days following the declaration thereof of it and at least ten fifteen days prior to before the payment thereof of it. The department shall promptly shall consider this report as information, and such these considerations shall must include the factors as set forth provided in Section 38-21-260. If an insurer's surplus as regards policyholders is determined by the department not to be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the department shall have the authority, within the ten-day fifteen-day period prior to before payment thereof of it, to limit the amount of such the dividends or distributions."

"(B)(1)   For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the lesser of:

(a)   when paid from other than earned surplus exceeds the lesser of:

(a)(i)   ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement,; or

(b)(ii)   the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.;

(b)   when paid from earned surplus exceeds the greater of:

(i)   ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement; or

(ii)   the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.

(2)   It does not include pro rata distributions of a class of the insurer's own securities."
SECTION   5.   Section 38-41-60(c) of the 1976 Code is amended to read:

"(c)   Investment of plan funds is subject to the same restrictions which are applicable to insurers pursuant to Sections 38-11-40 and 38-11-50 38-12-10 through 38-12-320. All investments must be managed by a bank or other investment organization licensed to operate in South Carolina."
SECTION   6.   Section 38-43-10(B) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(B)   This chapter does not apply to excess and surplus lines brokers licensed pursuant to Section 38-45-20 38-45-30 except as provided in Section 38-43-70."
SECTION   7.   Section 38-43-40 of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"Section 38-43-40.   A license issued by the director or his designee pursuant to Chapter 5 of this title gives to the insurer obtaining it the right to appoint any number of producers to take risks or transact any

"(B)   Before an applicant can act as a producer for an authorized insurer he must be appointed by an official or authorized representative of the insurer for which the applicant proposes to act, who When appointing a producer, the insurer shall certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed."
SECTION   9.   Section 38-43-70(D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(D)   Notwithstanding any other provision of this section, a person licensed as a surplus lines broker in his home state shall receive a nonresident surplus lines broker license pursuant to subsection (A) of this section. Except as to subsection (A) of this section, nothing in this section otherwise amends or supersedes any provision of Section 38-45-20 38-45-30."
SECTION   10.   Section 38-43-100(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(A)   No Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination

"(E)   This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license in limited lines or limited lines credit insurance approved by the director or his designee in order to satisfy the reciprocity provisions outlined under this chapter. Each course sponsor is required to submit a nonrefundable filing fee established by the department."
SECTION   12.   Section 38-43-106(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(E)   This section also applies to nonresident producers unless otherwise provided herein in this section. However, any a nonresident producer who successfully satisfies continuing insurance education requirements of his resident home state and certifies this information to the continuing education administrator as specified in subsection (C) is deemed considered to have satisfied the requirements of this section regardless of the requirements of that other state."
SECTION   13.   Section 38-45-20 of the 1976 Code is amended to read:

"Section 38-45-20.   A resident may be licensed as an insurance broker by the director or his designee if the following requirements are met:

(1)   licensure of the resident as an insurance agent producer and having at least one appointment for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years;

(2)   successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee;

(3)   payment of a biennial license fee of two hundred dollars which is earned fully when received, not refundable;

(3)(4)   filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:

(a)   the broker's violation of or failure to comply with an insurance law or regulation of this State;

(b)   the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or

(c)   an act of fraud committed by the broker in connection with an insurance transaction. In lieu Instead of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action;

(4)(5)   payment to the department, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, of a broker's premium tax of four percent upon premiums for policies of insurers not licensed in this State. Credit may be taken for tax on policies canceled flat within forty-five days of the effective policy date as long as the business was placed in good faith and the policy was canceled at the request of the insured."

"(5)   filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover damages on the bond or against the broker to recover from the certificates of deposit, and. A copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action."
SECTION   15.   Section 38-71-880(F) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:

"(F)   This section shall not apply to benefits for services furnished on or after December 31, 2002 2003."
SECTION   16.   Section 38-77-870 of the 1976 Code is amended to read:

"Section 38-77-870.   The provisions of this chapter relevant to the assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State. Provided, however, that assignment through the South Carolina Automobile Insurance Plan also must be available to personnel of the Armed Forces of the United States who are on active duty and who officially are stationed in this State if they possess a valid motor vehicle driver's license issued by another state or territory of the United States or by the District of Columbia, regardless of the state of

"Section 38-79-420.   There is created the South Carolina Patients' Compensation Fund (fund) for the purpose of paying that portion of a medical malpractice or general liability claim, settlement, or judgment which is in excess of one two hundred thousand dollars for each incident or in excess of three six hundred thousand dollars in the aggregate for one year. The fund is liable only for payment of claims against licensed health care providers (providers) in compliance with the provisions of this article and includes reasonable and necessary expenses incurred in payment of claims and the fund's administrative expense."
SECTION   18.   Section 56-9-20(11) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(11)   'Proof of financial responsibility': Proof of ability to respond to damages for liability, as provided in Section 38-77-150, or, on account of accidents occurring after the effective date of such this proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such this limit for one person, in the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident and in the amount of five ten thousand dollars because of injury to or destruction of property of others in any one accident;"
SECTION   19.   The first paragraph of Section 2 of Act 313 of 2002 is amended to read:

"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through January 1, 2004 June 30, 2005, the following applies:"
SECTION   20.   Section 38-71-40 of the 1976 Code is amended to read:

"Section 38-71-40.   (A)   The falsity of any statement related to insurability in the application for any individual policy covered by this chapter does not bar the right to recovery thereunder under it during the first two years from the issue date unless:

(1)   the false statement was made with actual intent to deceive; or unless it

(2)   the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.

(B)   If either criteria provided in item (1) or (2) of subsection (A) is met, the insured is barred from recovery under the policy, and the policy is void. It is not necessary for both provisions in items (1) and (2) of subsection (A) of subsection (A) to be met in order for the right of recovery to be barred. This section does not repeal, supercede, or preempt any other provisions of Title 38 related to the falsity of statements in an application."
SECTION   21.   Section 38-75-460 of the 1976 Code is amended to read:

"Section 38-75-460.   The director or his designee may, by written order, temporarily may expand the area in which the association must shall provide essential property insurance. The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months. The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through normal channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory as defined in Section 38-75-310(7) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend, through the Director of the Department of Insurance, to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."
SECTION   22.   Section 42-7-310(d)(2) of the 1976 Code, as last amended by Act 364 of 2000, is further amended to read:

"(2)   equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier shall make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal

"(c)   In order to qualify under this section for reimbursement from the Second Injury Fund, the employer must establish when claim is made for reimbursement thereunder, that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge. Provided, however, However, the employer may qualify for reimbursement hereunder upon proof that he did not have prior knowledge of the employee's preexisting physical impairment because the existence of such the

"(d)   In order to receive additional benefits from the Second Injury Fund as permitted by Sections 42-9-150 and 42-9-170, the employer shall establish that he had notice knowledge of the employee's preexisting permanent physical impairment prior to the time of the subsequent injury by accident, unless the employer can establish that the employee had no knowledge of such preexisting impairment he did not have prior knowledge of the employee's preexisting physical impairment because the existence of the condition was concealed by the employee."
SECTION   25.   This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004.
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.

Reps. F. N. SMITH, ALLEN, BREELAND, HOSEY, CATO, CLYBURN, J. HINES and J. BROWN requested debate on the Bill.

Rep. PERRY moved to reconsider the vote whereby S. 477 (Word version), as amended, was rejected and the motion was noted.

The following Bill was taken up:

H. 4324 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON AND OCONEE COUNTIES MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Rep. MARTIN explained the Bill.

Rep. SCARBOROUGH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

Rep. KOON asked unanimous consent to recall S. 521 (Word version) from the Lexington Delegation.
Rep. BINGHAM objected.

On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF

On motion of Rep. J. M. NEAL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDANT IS ELIGIBLE FOR STATE-PAID PREMIUMS.

On motion of Rep. VAUGHN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 588 (Word version) -- Senators J. V. Smith, Thomas, Verdin, Fair and Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Rep. G. BROWN asked unanimous consent to recall H. 4226 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. SCOTT asked unanimous consent to recall S. 288 (Word version) from the Committee on Ways and Means.
Rep. G. M. SMITH objected.

The motion period was dispensed with on motion of Rep. ALTMAN.

The following was introduced:

H. 4358 (Word version) -- Reps. Wilkins, J. Brown, Cato, Chellis, Govan, Harrell, Harrison, J. E. Smith, W. D. Smith, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 2003, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 17, 2003 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL WEDNESDAY, JUNE 18, 2003, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON WEDNESDAY, JUNE 18, 2003, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Be it resolved by the House of Representatives, the Senate concurring:
(A)   Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is

(1)   receipt and consideration of gubernatorial vetoes;

(2)   receipt, consideration, and confirmation of appointments;

(3)   ratification of acts;

(4)   consideration of resolutions affecting the extended session where these resolutions are adopted by a two-thirds vote of the members present and voting in the House of Representatives and a two-thirds vote of members present and voting in the Senate;

(5)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(6)   receipt and consideration of amendments on bills received from the other house, but only limited to concurrence, nonconcurrence, adjourn debate on, and amendments to these bills;

(7)   receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to these reports and appointments;

(8)   receipt and consideration of resolutions expressing sympathy or congratulations; and

(9)   receipt and consideration of any resolution setting a Public Service Commission or Judicial election and scheduling and conducting a joint assembly in the Hall of the House of Representatives for the purpose of holding either or both of these elections.

(B)   The President Pro Tempore of the Senate and the Speaker of the House of Representatives may select a mutually convenient time for the ratification of Acts between June 5, 2003, and June 17, 2003.

(C)   When each house adjourns not later than 5:00 p.m. on Wednesday, June 18, 2003, the General Assembly shall stand adjourned Sine Die.

Rep. WILKINS explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate by a division vote of 101 to 0.

Rep. F. N. SMITH moved to adjourn debate upon the following Bill until Wednesday, January 14, which was adopted:

H. 3475 (Word version) -- Reps. F. N. Smith and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO REQUIRE ALL COUNTIES TO RECOGNIZE MARTIN LUTHER KING, JR. DAY AS A COUNTY HOLIDAY.

Rep. MCGEE moved to adjourn debate upon the following Bill until Wednesday, June 4, which was adopted:

H. 3649 (Word version) -- Reps. Huggins, Bales, Koon, Frye, Altman, J. Brown, Cato, Hinson, Merrill, E. H. Pitts, Quinn, Rice, Scarborough, Scott, Snow, Toole, Wilkins and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND THE GOVERNING BODY OF ANY LOCAL POLITICAL SUBDIVISION OF THIS STATE, IN ORDER TO IMPOSE OR INCREASE ANY TYPE OF TAX OR FEE, MUST DO SO BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE BODY.

The following Bill was taken up:

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22178HTC03):
Amend the bill, as and if amended, page 4, by striking SECTION 1 and inserting:
/ SECTION   1.   Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245.   (A)   In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply. In addition to taxes imposed pursuant to the provisions of Sections 12-33-230, 12-33-240, Chapter 36 of Title 12, and Article 5, Chapter 33, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor by the drink for on-premises consumption in establishments licensed for sales

(B)   Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall must allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purpose." /
Amend further, by adding six sections at the end appropriately numbered to read:
/ SECTION   ____.   Section 61-6-1500 of the 1976 Code is amended to read:

"Section 61-6-1500.   No retail dealer may:

(1)   sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2)   own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3)   sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors: (a) between the hours of 7:00 p.m. and 9:00 a.m.; (b) for consumption on the premises; (c) to a person under twenty-one years of age; (d) to an intoxicated person; or (e) to a mentally incompetent person;

(4)(2)   permit the drinking of alcoholic liquors in his store or place of business;

(5)(3)   sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if: (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors, and (b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(6)(4)   redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

The provisions of this section relating to quantities of less than two hundred milliliters do not apply to (1) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption or (2) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section or his agent to refill a minibottle. A person who violates this provision must may, upon conviction, have his license revoked permanently.

A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

It is unlawful to sell minibottles except during lawful hours of operation.

A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph, 'a person licensed under Article 5 of this chapter' includes his designated agent as a purchaser."
SECTION   ____.   The 1976 Code is amended by adding:

"Section 61-6-1640.   No person licensed under this article, including his agent, shall substitute any other brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both."
SECTION   ____.   The 1976 Code is amended by adding:

"Section 61-6-1650.   (A)   No licensee or his agent shall knowingly and wilfully refill, partially refill, or reuse any bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of any such bottle.

(B)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(1)   for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(2)   for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(C)   In addition to the penalties set forth in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(D)   The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION   ____.   Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2400.   Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION   ____.   Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2600.   Except as otherwise provided in this title, A a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of any tax levied on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12, or who violates any other provision of this article must:

(1)   for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2)   for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3)   for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently; or

(4)   for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION   ____.   The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit. /
Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.

Rep. COTTY moved to adjourn debate on the Bill until Wednesday, June 4, which was agreed to.

Rep. SINCLAIR moved to reconsider the vote whereby debate was adjourned on S. 495 (Word version) until Wednesday, June 4, and the motion was noted.

The following Bill was taken up:

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20607SD03):
Amend the bill, as and if amended, beginning on page 2, by striking Section 4-10-420 as contained in SECTION 1 and inserting:
/   Section 4-10-420.   (A)   The tax authorized by this article may be imposed within a county upon the adoption of an approving resolution by the boards of trustees of each school district, and the subsequent approval of the imposition of the tax by referendum open to all qualified electors residing in the county.

The approving resolutions must specify the same period, stated in calendar years, not to exceed seven years, for which the tax must be imposed, the date upon which the referendum is held, the precincts and polling places for the referendum, and the question to appear on the referendum ballot. The approving resolutions, upon adoption, must be forwarded to the election authority. The referendum required by this section and by Section 4-10-480 herein must be conducted at the same time as the general election if called for in an even-numbered year and on the first Tuesday following the first Monday in November if called for in an odd-numbered year, but in any event not before November 2, 2004.

(B)   Each board of trustees of a school district must include in its resolution adopted pursuant to this section a description of the capital

(C)   Upon receipt of approving resolutions from the boards of trustees of all school districts, the election authority shall conduct a referendum on the question of imposing the tax in the county. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the school districts, proportionally according to number of persons residing in each school district who are registered to vote in the county.

(D)   The ballot to be voted upon in the referendum must read substantially as follows:

Must a special one percent sales and use tax be imposed in _____ County for not more than ____ years with the revenue of the tax used to pay debt service on general obligation bonds of, or directly to defray the cost of capital improvements for, or both of these purposes, the (number) school districts (as further described below) in _____County?

The ballot may contain a short explanation of the question to be voted upon in this referendum.

(E)   Upon receipt and certification of the returns of the referendum, the election authority shall by resolution certify the results of the referendum by resolution and within ten days thereafter file the resolution with the clerk of court for the county and with the South Carolina Department of Revenue. The result of the referendum, as declared by resolution of the election authority and as filed with the clerk of court, is not open to question except by a civil action instituted in the county within twenty days of the filing of the resolution. If a majority of the total votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise the tax is not imposed. A referendum within a county on the imposition of the tax authorized in this article must not be held on a Saturday and must not be held more than once in a period of twelve consecutive months. /
Amend the bill further, as and if amended, page 6, by striking Section 4-10-450(D), and inserting:

Upon receipt of notice from a school district pursuant to this section, the county treasurer shall certify to the county auditor, by the fifteenth day of August of the amount of sales and use taxes designated by the school district for application to general obligation bond debt service payments. The county auditor shall reduce the next levy of property taxes required to pay debt service on such general obligation bonds by the amount of sales and use tax revenues certified as held by the county treasurer and designated by the school district for the purpose. This amount of sales and use taxes thereafter must not be released to the school district, but must be held by the county treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the county treasurer in excess of the amounts designated by the school district for payment of debt service on such general obligation bonds must be expended as directed by the school district in accordance with this article. Any investment earnings derived from the sales and use tax must be expended as directed by the school district in accordance with this article. Any sales and use taxes allocated to a school district and not required to accomplish the purposes described in the resolution of such school district adopted pursuant to Section 4-10-420 may be applied to debt service on any general obligation bonds of such school district. With respect to a school district situated in more than one county, the requirements of this section with respect to the reduction of millage levied for general

(B)   If the school district presents the county treasurer with a surety bond or letter of credit from a financial institution which is rated in one of the two highest rating categories by two national ratings agencies, the county treasurer may treat the amount available under such surety as if it were taxes held by the county treasurer and shall provide the certificate called for in the foregoing paragraph to the auditor by including the amount available under the surety or letter of credit so long as such amount is not in excess of ninety percent of the actual sales and use taxes allocated to the school district in the prior fiscal year, or which would have been allocated if the sales and use tax had been in force for all of such prior fiscal year. The county auditor shall reduce the next levy of ad valorem property taxes required to pay debt service on bonds to which the tax is applicable by the amount so certified by the county treasurer. In the event the sales and use taxes thereafter allocated to the school district are less than the amount required to pay debt service on bonds during the eighteen-month period established in Section 4-10-460(A), the county treasurer shall draw upon such surety to provide for timely payment of such general obligation bonds. The costs of such surety, including any reimbursements for payments thereon, are deemed to be part of the debt service requirements for such general obligation bonds covered by such surety and may be paid from amounts available in the fund created in accordance with Section 4-10-460(A). Any reimbursement to the financial institution providing such surety may be paid from such fund from taxes collected in the year after any draw. /
Amend the bill further, as and if amended, Chapter 10, Title 4, as contained in SECTION 1, on page 7, after line 43, by adding:
/   Section 4-10-475.   Notwithstanding any other provision of this chapter to the contrary, any school district of this State using a funding mechanism to acquire or fund school facilities, other than the issuance of school capital improvement bonds or through lease-purchase obligations, must use one hundred percent of the revenues received under this chapter to rollback school tax millage levied for debt service purposes. /

Rep. LITTLEJOHN explained the amendment.

Rep. LITTLEJOHN moved to adjourn debate on the Bill until Wednesday, June 4, which was agreed to.

The following Bill was taken up:

S. 423 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 50-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. VIERS moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, January 13, which was adopted:

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

The following Bill was taken up:

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

Reps. WILKINS, HARRELL, QUINN, TAYLOR, J.R. SMITH, J.E. SMITH, CLARK, BINGHAM, D.C. SMITH, HERBKERSMAN, G.R. SMITH, THOMPSON, HUGGINS, DUNCAN, SIMRILL, E.H. PITTS, WHITMIRE, LEACH, LOFTIS, TOOLE, KOON, HAGOOD, UMPHLETT, RICE, W.D. SMITH, CHELLIS, DELLENEY, COTTY, MCCRAW, KIRSH, LITTLEJOHN, MAHAFFEY, NEILSON, JENNINGS, HINSON, PINSON, G.M. SMITH, TALLEY, CEIPS, RICHARDSON, TRIPP, CATO, VAUGHN, HAYES, LIMEHOUSE, BATTLE, SANDIFER, F.N. SMITH, HOSEY, BOWERS, BRANHAM, MILLER, ANTHONY, FREEMAN, COOPER, MERRILL, RIVERS, BALES, G. BROWN, SNOW, WEEKS, SCOTT, LLOYD, OTT, J.E. BROWN, HOWARD, CLYBURN, HOSEY, GOVAN, MOODY-LAWRENCE, LEE, ALLEN, J. HINES, M. HINES, BREELAND, MACK, RUTHERFORD, COBB-HUNTER, KENNEDY, GOURDINE, EMORY, J.M. NEAL AND PARKS proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22266HTC03), which was adopted:
Amend the bill, as and if amended, in Section 59-29-165, as contained in SECTION 1, page 1, by striking line 25 and inserting / may receive instruction in the area of personal finance and Education finance act Base Student Cost funds must be used for this purpose. The State /

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Reps. WILKINS, HARRELL, QUINN, TAYLOR, J.R. SMITH, J.E. SMITH, CLARK, BINGHAM, D.C. SMITH, HERBKERSMAN, G.R. SMITH, THOMPSON, HUGGINS, DUNCAN, SIMRILL, E.H. PITTS, WHITMIRE, LEACH, LOFTIS, TOOLE, KOON, HAGOOD, UMPHLETT, RICE, W.D. SMITH, CHELLIS, DELLENEY, COTTY, MCCRAW, KIRSH, LITTLEJOHN, MAHAFFEY, NEILSON, JENNINGS, HINSON, PINSON, G.M. SMITH, TALLEY, CEIPS, RICHARDSON, TRIPP, CATO, VAUGHN, HAYES, LIMEHOUSE, BATTLE, SANDIFER, F.N. SMITH, HOSEY, BOWERS, BRANHAM, MILLER, ANTHONY, FREEMAN, COOPER, MERRILL, RIVERS, BALES, G. BROWN, SNOW, WEEKS, SCOTT, LLOYD, OTT, J.E. BROWN, HOWARD, CLYBURN, HOSEY, GOVAN, MOODY-LAWRENCE, LEE, ALLEN, J. HINES, M. HINES, BREELAND, MACK, RUTHERFORD, COBB-HUNTER, KENNEDY, GOURDINE, EMORY, J.M. NEAL AND PARKS proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22272HTC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ____.   Of the federal funds received by this State pursuant to the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003, Temporary State Fiscal Relief-Government Services, $44,600,000, must be transferred to the State Department of Education for the Education Finance Act for use during State fiscal year 2003-2004. Unexpended funds provided pursuant to the provisions of this section must be carried forward to succeeding fiscal years and used for the same purposes. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.
Rep. TOWNSEND spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Howard                 Huggins                Jennings
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 E. H. Pitts            Quinn
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn

Walker                 Weeks                  White
Whitmire               Wilkins                Young

Those who voted in the negative are:

Coates                 Frye                   Gilham
Keegan                 Martin                 Owens
Perry                  M. A. Pitts            Stewart
Stille                 Townsend               Viers
Witherspoon

So, the amendment was adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Govan                  Hagood
Hamilton               Harrell                Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Howard
Huggins                Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod

Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Young

Those who voted in the negative are:

Keegan                 Perry                  Stewart
Witherspoon

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. QUINN moved that the House recur to the Morning Hour, which was agreed to.

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:30 p.m. today for the purpose of Ratifying Acts.

On motion of Rep. W. D. SMITH the invitation was accepted.

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3749 . The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification. The Senate has ordered the Bill Enrolled for Ratification.

H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President
Received as information.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4346 (Word version) -- Reps. Keegan, Clemmons, Edge, Hayes, Viers, Witherspoon, Miller and Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF OCEAN BOULEVARD IN SURFSIDE BEACH FROM 17TH AVENUE NORTH TO MELODY LANE, IN HONOR OF TERRY BENJAMIN COOPER OF HORRY COUNTY, AND INSTALL APPROPRIATE MARKERS OR SIGNS ON OCEAN BOULEVARD CONTAINING

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 698 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 131 ALONG INTERSTATE HIGHWAY 20 IN DARLINGTON COUNTY THE "LAURIE COKE LAWSON INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "LAURIE COKE LAWSON INTERCHANGE".
Ordered for consideration tomorrow.

The following was introduced:

H. 4359 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE OLD PILGRIM MISSIONARY BAPTIST CHURCH OF SIMPSONVILLE ON THE OCCASION OF THE CELEBRATION OF ITS ONE HUNDRED THIRTY-FIFTH ANNIVERSARY THIS YEAR.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4360 (Word version) -- Reps. J. Hines, Neilson and Lucas: A HOUSE RESOLUTION TO COMMEND CLESHON BESS OF LAMAR FOR HIS MANY OUTSTANDING ACADEMIC AND COMMUNITY ACCOMPLISHMENTS AS A HIGH SCHOOL STUDENT AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:

H. 4361 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO SKIPP PEARSON OF RICHLAND COUNTY ON THURSDAY, JUNE 5, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING HIM ON HIS SELECTION AS WINNER OF THE 2003 ELIZABETH O'NEILL VERNER AWARD IN RECOGNITION OF HIS CONSUMMATE SKILL IN PLAYING THE JAZZ SAXOPHONE AND SHARING HIS MASTERY WITH OTHERS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to Skipp Pearson of Richland County on Thursday, June 5, 2003, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating him on his selection as winner of the 2003 Elizabeth O'Neill Verner Award in recognition of his consummate skill in playing the jazz saxophone and sharing his mastery with others.

The Resolution was adopted.

The following Bill was taken up:

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Section 40-25-10.   This chapter may be cited as the 'Practice of Specializing in Hearing Aids Act'.

Section 40-25-20.   As used in this chapter, unless the context requires otherwise:

(1)   'Department' means the Department of Health and Environmental Control.

(2)   'Commission' means the State Commission for Hearing Aid Specialists.

(3)   'License' means a license issued by the department under this chapter to hearing aid specialists.

(4)   'Temporary permit' means a permit issued while the applicant is in training to become a licensed hearing aid specialist.

(5)   'Hearing aid' means an acceptable wearable instrument or device designated or offered to aid or compensate for impaired human hearing and parts, attachments, or accessories, including earmold, but excluding batteries and cords.

(6)   'Practice of specializing in hearing aids' means the measurement of human hearing by an audiometer and by other established means solely for fitting, making selections, adaptations, or sale of hearing aids. It also includes the making of impressions for earmolds.

(7)   'Sell' or 'sale' means the transfer of title or of the right to use by lease, bailment, or other contract, excluding wholesale transactions with distributors or specialists.

(8)   'Hearing aid specialist' means an individual licensed under this chapter to engage in the practice of specializing in hearing aids.

(9)   'Audiologist' means an individual licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist.

(10)   'Otolaryngologist' means a licensed physician specializing in ear, nose, and throat.

Section 40-25-30.   The powers and duties of the department are to:

(1)   authorize disbursements necessary to carry out this chapter;

(2)   supervise issuance of licenses "by experience" and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination;

(3)   register persons who apply to the department and are qualified to engage in the practice of specializing in hearing aids;

(4)   purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants;

(5)   issue and renew licenses;

(6)   suspend or revoke licenses or require that refunds be made;

(7)   designate the time and place for examining applicants;

(8)   enforce this chapter;

(9)   promulgate and publish regulations not inconsistent with the laws of this State and necessary to carry out this chapter, including the establishment of licensing fees;

(10)   appoint or employ subordinate employees;

(11)   retain funds received for administration of the program;

(12)   require the periodic inspection of audiometric testing equipment and carry out the periodic inspection of facilities of persons who engage in the practice of specializing in hearing aids.

(13)   appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;

Section 40-25-40.   (A)   A Commission of Hearing Aid Specialists is established to guide, advise, and make recommendations to the department.

(B)(1)   Members of the commission must be residents of the State. The commission consists of:

(a)   five licensed hearing aid specialists, and each must be a principal dealer of a different manufacturer's hearing aid who are not audiologists;

(b)   one otolaryngologist;

(c)   one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission;

(d)   the State Health Officer or his designee.

(2)   Each hearing aid specialist on the commission must have no less than five years experience under this chapter.

(C)   Members of the commission in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of each member is four years. Before a member's term expires the Governor, with the advice and consent of the Senate, shall appoint a successor to assume his duties at the expiration of the term. A vacancy must be filled in the manner of the original appointment. The members annually shall designate one member as chairman and another as secretary. No member of the commission who has served two or more full terms may be reappointed until at least one year after the expiration of his most recent full term of office.

(D)   Commission members may receive per diem and mileage provided by law for members of state boards, committees, and commissions for each day actually spent in the duties of the commission. No member may receive more than fifteen days per diem in one fiscal year.

Section 40-25-50.   The commission shall:

(1)   advise the department in all matters relating to this chapter;

(2)   prepare the examinations required by this chapter for the department;

(3)   assist the department in carrying out this chapter;

(4)   keep a record of its proceedings and a register of persons licensed under this chapter;

(5)   make a report each year to the Governor of all its official acts during the preceding year;
(6) meet not less than once each year at a place, day, and hour determined by the commission and meet at other times and places requested by the department.

Section 40-25-60.   (A)   No person may engage in the practice of specializing in hearing aids or display a sign or in another way advertise or represent himself as a person who engages in the practice of specializing in hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department under this chapter. The license number must be listed in an advertisement or a

(B) Nothing in this chapter prohibits a corporation, partnership, trust, association, or like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, if it employs only properly licensed natural persons in the direct sale and fitting of the products.

Section 40-25-70.   (A) A person who engages in the practice of specializing in hearing aids shall deliver to a person supplied with a hearing aid a receipt which contains the licensee's signature and business address, the number of his license, specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and its container must be marked clearly as "used" or "reconditioned", whichever is applicable, with terms of guarantee, if any.

(B) The purchaser must be advised at the outset of his relationship with the hearing aid specialist that an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State.

(C) A person engaged in the practice of specializing in hearing aids shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. He may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months.

Section 40-25-80.   (A) This chapter does not:

(1) prevent a person from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids if the person or organization employing him does not sell hearing aids or their accessories except for earmolds used only for audiologic evaluation;

(2) apply to a physician or audiologist licensed to practice in South Carolina;

(3) apply to an audiologist or another person while he is engaged in the practice of recommending hearing aids if his practice is

(B) On the selling and fitting of hearing aids located in the temples of glasses, licensees may not make facial measurements or adapt, fit, or adjust lenses or frames under this chapter, except for the replacement of temples by those incorporating hearing aid components, unless legally qualified to do so under other South Carolina statutes.

Section 40-25-90.   For six months after January 1, 1972, an applicant for a license must be issued one without examination if the applicant:

(1) principally has been engaged as a hearing aid specialist for at least two years within a period of five years immediately before January 1, 1972;

(2) is a resident of South Carolina and is of good moral character;

(3) is twenty-one years of age or older;

(4) is free of contagious or infectious disease.

Section 40-25-100.   (A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement in Section 40-25-90 or passes an examination in Section 40-25-110 and upon the applicant's payment of a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license is effective for one year and expires one year after it is issued.

(B) When the commission determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter and that the state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in the other state or jurisdiction if the applicant is twenty-one years of age. Applicants for certificate of endorsement are not required to submit to or undergo a qualifying examination, other than the payment of fees pursuant to this chapter. The holder of a certificate of endorsement must be registered in the same manner as licensees. The fee for issuance of a license based upon an initial certificate of endorsement is the same as the fee for an initial license. Fees, grounds for renewal,

Section 40-25-110.   (A) An applicant may obtain a license by successfully passing a qualifying examination if he:

(1) is at least twenty-one years of age;

(2) has an education equivalent to a four-year course in an accredited high school.

(B) [Reserved]

(C) An applicant for license by examination shall appear at a time, place, and before persons the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing must not be conducted so that college training is required to pass the examination. Nothing in this examination may imply that the applicant possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.

(D) The department shall give examinations at least once a year.

Section 40-25-120.   (A) A person who fulfills the requirements regarding age and education in Section 40-25-110 may obtain a temporary permit upon application to the department. Previous experience or a waiting period is not required to obtain a temporary permit.

(B) Upon receiving an application under this section accompanied by a fee set by the department through regulation, the department shall issue a temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for one year. A person holding a valid hearing aid specialist license shall supervise and train the applicant, maintain adequate personal contact, and make quarterly reports to the department about the performance of the person holding the temporary permit.

(C) If a person who holds a temporary permit under this section has not passed successfully the licensing examination within one year from the date of issuance, the temporary permit, may be renewed or the applicant may be permitted to reapply at a later date.

Section 40-25-130.   The qualifying examination in Section 40-25-110 must be designated to demonstrate the applicant's adequate technical qualifications by:

(1) tests of knowledge in the following areas as they pertain to the practice of specializing in hearing aids:

(a) basic physics of sound;

(b) anatomy and physiology of the ear;

(c) function of hearing aids;

(2) practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:

(a) pure tone audiometry, including air conduction testing and bone conduction testing;

(b) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;

(c) masking when indicated;

(d) recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;

(e) taking earmold impressions.

Section 40-25-140.(A) A person who holds a license shall notify the department in writing of the regular address of the place where he engages or intends to engage in the practice of specializing in hearing aids.

(B) The department shall keep a record of the place of business of licensees.

(C) Notice required to be given by the department to a person who holds a license must be mailed to him by certified mail at the address of the last place of business of which he has notified the department.

Section 40-25-150.   (A) A person who engages in the practice of specializing in hearing aids before the license expiration date shall pay to the department a fee set by the department through regulation for issuance or a renewal of his license. The license must be posted conspicuously in his office or place of business. Where more than one office is operated by the licensee, duplicate licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after the license expiration date during which licenses may be renewed on payment of a fee set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to examination as a condition to renewal, if the renewal application is made within two years from the date of the expiration.

(B) A licensee or temporary permit holder shall maintain a progressing level of professional competence by participation during the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use.

(C) The licensee annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the previous year of licensing. The requirement may be fulfilled by attending and participating in training activities approved by the commission and those accredited by the International Hearing Society, unless disapproved by the commission.

(D) A person or organization desiring to conduct continuing education training programs shall submit the programs to the commission for approval before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them.

(E) Failure to complete the minimum educational requirements results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next year of licensing. The make-up allowance does not waive the full annual requirements for continued education.

Section 40-25-160.   (A) A person wishing to make a complaint against a licensee under this chapter shall file a written complaint with the department within one year from the date of the action upon which the complaint is based. If the department determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter must be suspended or revoked, it shall make an order fixing a time and place for hearing and require the licensee complained against to appear and defend against the complaint. The order and copy of the complaint must be served upon the licensee at least thirty days before the date set for hearing, personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of hearing date must be made if for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the department may compel the attendance of witnesses by subpoenas issued by the department under its seal.

(B) A person registered under this chapter may have his license revoked or suspended for a fixed period or be required to make a refund by the department for:

(1) conviction of a felony or misdemeanor involving moral turpitude. The record of conviction or a certified copy, certified by the clerk of court or by the judge in whose court the conviction is had, is conclusive evidence of the conviction;

(2) procuring of license by fraud or deceit practiced upon the department;

(3) unethical conduct, including, but not limited to:

(a) obtaining a fee or making a sale by fraud or misrepresentation;

(b) knowingly employing directly or indirectly a suspended or unregistered person to perform work covered by this chapter;

(c) using or causing or promoting the use of advertising matter, promotional literature, or testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful;

(d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised;

(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the words "doctor" or "clinic" or similar words, abbreviations, or symbols which tend to connote the medical profession when the use is not the case. No hearing aid specialist who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids;

(f) habitual intemperance;

(g) gross immorality;

(h) permitting another's use of a license;

(i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist;

(j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to a person who advises another in a professional capacity as an inducement

(k) stating or implying that the use of a hearing aid will restore or preserve hearing or prevent or retard progression of hearing impairment;

(4) conducting business while suffering from a contagious or infectious disease;

(5) engaging in the practice of specializing in hearing aids under a false name or alias with fraudulent intent;

(6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids or where it is medically impossible to conduct routine testing;

(7) gross incompetence or negligence in fitting and selling hearing aids; or

(8) violating this chapter.

(C) If a refund must be made under this section, the department may suspend the license of the person required to make the refund until it is made.

Section 40-25-170.   (A) The final order of the department in proceedings for the suspension or revocation of certificates of registration are subject to review by the circuit court of Richland County, the county in which the registrant has his principal place of business, or the county in which the books and records of the department are kept. Other final orders of the department under this chapter are subject to review in the same courts.

(B) Appeals to the circuit court must be upon the original records before the department, and the court in its discretion may affirm, reverse, or modify an order made by the department.

Section 40-25-180.   No person may:

(1) sell, barter, or offer to sell or barter a license;

(2) purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice of specializing in hearing aids;

(3) alter a license with fraudulent intent;

(4) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited, or materially altered;

(5) wilfully make a false statement in an application for license or application for renewal of license.

Section 40-25-190.   A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
Hearing Instrument Specialists and Hearing Aid Fitters

Section 40-25-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to Hearing Instrument Specialists and Fitters. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

Section 40-25-10.   (A)   There is created the Board of Examiners for Hearing Instrument Specialists and Fitters under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the administration and enforcement of this chapter and any regulations promulgated under this chapter regulating the practice of hearing instrument specialists and fitters.

(B)   The Board of Examiners for Hearing Instrument Specialists and Fitters consists of five hearing instrument specialists, each of whom must have five years or more experience and hold a valid license issued under this chapter, one otolaryngologist licensed under Chapter 47, and one consumer member. Members must be appointed by the Governor with the advice and consent of the Senate. Nominations for appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years and until a successor has been appointed and qualifies. A member may not serve more than two consecutive terms. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment.

(C)   The Governor may remove a member of the board in accordance with Section 1-3-240.

(D)   A member of the board, before entering upon the discharge of the duties of the office, shall take and file with the Secretary of State, in writing, an oath to perform properly the duties of the office as a member of the board and to uphold the Constitution of this State and the United States.

Section 40-25-20.   As used in this chapter:

(1)   'Audioprosthologist' means an individual licensed under this chapter who has completed the audioprosthology coursework and is currently certified by the National Institute for Hearing Instrument Studies.

(2)   'Board' means the Board of Examiners for Hearing Instrument Specialists and Fitters.

(3)   'Department' means the Department of Labor, Licensing and Regulation.

(4)   'Hearing Aid' means an acceptable wearable instrument or device designated or offered to aid or compensate for impaired human hearing, including parts, attachments, and accessories, which include earmold, cords, and batteries.

(5)   'Hearing Aid Fitter' means an individual licensed under this chapter to engage in practice only under the supervision of a licensed Hearing Instrument Specialist.

(6)   'Hearing Instrument Specialist' means an individual licensed under this chapter who is currently board certified by the National Board for Certification in Hearing Instrument Sciences.

(7)   'IHS' means the International Hearing Society.

(8)   'License' means a license issued by the board under this chapter to practice as a hearing instrument specialist or fitter.

(9)   'Specializing in hearing aids' means the measurement of human hearing by an audiometer and by other established means solely for fitting, selecting, adapting, programming, or selling hearing aids. It also includes making impressions for earmolds.

(10)   'Temporary Permit' means a permit issued to an individual which would allow a person in training or a person licensed in another jurisdiction to practice under the supervision of a licensed hearing instrument specialist while completing the license requirements set forth by the board.

Section 40-25-30.   No person may specialize in hearing aids without a license issued in accordance with this chapter. A hearing aid fitter or temporary permit holder may only practice under the supervision of a Hearing Instrument Specialist. However, as of July 1, 2003, a person currently licensed to dispense hearing aids in the State who provides proof of being certified as a Hearing Instrument Specialist by the National Board for Certification-Hearing Instrument Sciences must be issued a license as a 'Hearing Instrument Specialist' without further examination. Other persons who are currently licensed as of July 1, 2003, must be issued a 'Hearing Aid Fitter' license and are authorized to operate unsupervised for five years, at which time those individuals must have become certified by the National Board for Certification-Hearing Instrument Sciences or must be supervised by a Hearing Instrument Specialist.

Section 40-25-50.   (A)   These fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and Section 40-1-50(D), which was adopted:

(1)   biennial license renewal fee;

(2)   annual fee, temporary permit;

(3)   license examination fee, written;

(4)   license examination fee, practical;

(5)   reinstatement of license fee.

(B)   All fees are nonrefundable.

(C)   A check which is presented to the board as payment for a fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a license or for imposing a sanction authorized under this chapter or Section 40-1-120.

Section 40-25-60.   (A)The board annually shall elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary. The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.

(B)   The board shall meet quarterly to administer examinations and conduct business on behalf of the board and at other times upon the call of the chairman or a majority of the board.

(C)   Three members of the board constitute a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.

(D)   Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, 'positive majority vote' means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.

(E)   The board may have and use an official seal bearing the name of the board.

Section 40-25-70.   In addition to the powers and duties enumerated in Sections 40-1-70 through 40-1-100, the board shall:

(1)   regulate the issuance of Hearing Instrument Specialist, Hearing Aid Fitters licenses and temporary permits;

(2)   promulgate regulations and establish policies and procedures necessary to carry out this chapter; and

(3)   discipline licensees in any manner permitted by this chapter or under Sections 40-1-110 through 40-1-150.

Section 40-25-80.   For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by

Section 40-25-100.   Restraining orders and cease and desist orders must be issued in accordance with Section 40-1-100.

Section 40-25-110.   In addition to grounds for disciplinary action as set forth in Section 40-1-110 and in accordance with Section 40-25-120, the board may take disciplinary action against a licensee who:

(1)   violates federal or state laws relating to the practice of specializing in hearing aids;

(2)   violates a provision of this chapter or an order issued under this chapter or a regulation promulgated under this chapter;

(3)   fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license;

(4)   aids or abets a person who is not a licensed hearing instrument specialist or hearing aid fitter in illegally engaging in the practice of specializing in hearing aids within this State;

(5)   participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license;

(6)   commits fraud or deceit in the practice of specializing in hearing aids including, but not limited to:

(a)   using or promoting or causing the use of any misleading deceiving or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand insignia, or any other representation;

(b)   wilfully making or filing a false report or record in the practice of specializing in hearing aids or in satisfying requirements of this chapter;

(c)   submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation;

(7)   commits an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of specializing in hearing aids including, but not limited to:

(a)   engaging in illegal, incompetent, or negligent practice of specializing in hearing aids;

(b)   providing professional services while mentally incompetent or under the influence of alcohol or drugs;

(c)   promoting the sale of devices to a person who cannot reasonably be expected to benefit from the devices;

(8)   is convicted of or pleads guilty or nolo contendere to a felony or violation of a federal, state, or local drug law;

(9)   is disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or convicted of or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(10)   violates the code of ethics promulgated in regulation by the board.

Section 40-25-115.   (A)   The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

(B)(1)   Before dispensing a hearing aid, a licensee shall conduct a hearing measurement including:

(a)   pure tone audiometry;

(b)   speech audiometry;

(c)   hearing aid evaluation.

(2)   A licensee shall deliver a receipt to the person being supplied a hearing aid which contains the licensee's signature, business address, license number, specifications as to the make and model of the hearing aid being furnished, and full terms of the sale clearly stated. If no commercial office is located within the State, a clear statement to that effect must be made on the receipt. If the office is not open five days a week, the regular hours when licensed persons are present to provide service must be noted on the receipt. If an aid which is not new is sold, the receipt and the aid's container must be marked clearly as 'used' or 'reconditioned', whichever is applicable, with terms of the guarantee, if any.

(3)   A licensee may not sell a hearing aid to a prospective user under eighteen years of age unless the patient presents to the licensee a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months.

(4)   A licensee must advise a prospective user that an examination by a hearing instrument specialist is not an examination, diagnosis, or prescription by a physician licensed to practice medicine under chapter 47.

Section 40-25-120.   Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-25-110 or 40-1-110, the board, in addition to the actions

Section 40-25-130.   The board may deny licensure to an applicant based on the grounds for which the board may take disciplinary action against a licensee.

Section 40-25-140.   A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

Section 40-25-150.   A licensee who is under investigation for any of the disciplinary grounds provided for in Section 40-25-110 or Section 40-1-110 voluntarily may surrender his license to the board in accordance with Section 40-1-150.

Section 40-25-160.   A person aggrieved by an action of the board may seek review of the decision in accordance with Section 40-1-160.

Section 40-25-170.   A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

Section 40-25-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-25-190.   Communications made in connection with an investigation or hearing relevant to a complaint against a licensee are privileged as provided for in Section 40-1-190.

Section 40-25-200.   A person who practices or offers to practice specializing in hearing aids in this State in violation of this chapter or a regulation promulgated under this chapter or who violates any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

Section 40-25-210.   In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil and injunctive relief pursuant to Section 40-1-210.

Section 40-25-220.   (A)   A license must be issued independently either as a Hearing Instrument Specialist or Hearing Aid Fitter.

(B)   To be licensed by the board as a Hearing Instrument Specialist an individual must:

(1)   currently hold a valid certificate of board certification from the National Board for Certification in Hearing Instrument Sciences;

(2)   have an education equivalent to a four-year course in an accredited high school; and

(3)   have passed an examination approved by the board.

(C)   To be licensed by the board as a Hearing Aid Fitter an individual must:

(1)   have on file with the board the name and address of a currently licensed hearing instrument specialist who will be responsible for the supervision of the activities covered by the individual's hearing aid fitter license;

(2)   have an education equivalent to a four-year course in an accredited high school; and

(3)   have passed an examination approved by the board.

(D)   To be issued a temporary permit by the board an individual must complete an application and pay the required fee. A temporary permit is valid for twelve months and may be renewed for twelve months at the discretion of the board. During the temporary permit period, the permit holder must pass an examination approved by the board.

Section 40-25-230.   An individual applying for a license as a hearing instrument specialist or a hearing aid fitter must file a notarized application with the board; a renewal form is not required to be notarized. The appropriate fee and documentation of eligibility as prescribed by the board must accompany each application.

Section 40-25-240.   (A)   If an applicant satisfies all the licensure requirements provided for in this chapter, the board shall issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a hearing instrument specialist or hearing aid fitter while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.

(B)   A person licensed under this chapter must display the document in a prominent and conspicuous place in the person's place of business or place of employment.

(C)   Only a person licensed under this chapter may use the title 'Hearing Instrument Specialist' or 'Hearing Aid Fitter'.

(D)   A duplicate license may be issued by the board upon payment of the fee provided for in Section 40-25-50.

Section 40-25-250.   The board may issue a license to a person who holds a current unrestricted hearing instrument specialist license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter and the person satisfies any other requirements the board may

Section 40-25-260.   As a condition of license renewal, a hearing instrument specialist or hearing aid fitter must satisfactorily complete at least sixteen hours continuing education per license period. The requirement may be fulfilled by attending and participating in training activities approved by the board pursuant to regulations promulgated by the board.

Section 40-25-270.   (A)   A hearing instrument specialist license or hearing aid fitter license must be renewed biennially and expires on December 31 of the second year. A temporary permit expires twelve months from the date of issue and may, at the discretion of the board, be renewed for one twelve-month period.

(B)   To renew a license the individual shall:

(1)   pay a renewal fee as provided for in Section 40-25-50;

(2)   submit evidence of compliance with continuing education requirements as provided for in Section 40-25-260.

(C)   A license which was not renewed by December 31 is invalid and only may be reinstated upon receipt of a renewal application postmarked before February 1 and accompanied by the biennial license fee and the reinstatement fee.

Section 40-25-290.   The Board of Examiners for Hearing Instrument Specialists and Hearing Aid Fitters may promulgate regulations setting forth a code of ethics for persons licensed by the board.

Section 40-25-300.   This chapter does not apply to audiologists licensed under Chapter 67 or to physicians licensed under Chapter 47.

Section 40-25-350.   If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
SECTION   __.   The powers, duties, functions, and responsibilities of the Department of Health and Environmental Control regarding the 'Practice of Specializing in Hearing Aids Act' under Chapter 25, Title 40 of the 1976 Code are devolved upon the Department of Labor, Licensing and Regulation, and the Commission for Hearing Aid specialists shall act as a professional and occupational licensing board for hearing aid specialists and fitters within the Department of Labor, Licensing and Regulation. /

Rep. WHITE explained the amendment.
The amendment was then adopted.

The Bill was read the third time and ordered returned to the Senate with amendments.

The motion of Rep. PERRY to reconsider the vote whereby the following Bill was rejected was taken up:

S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE 'HOUSEHOLD MEMBER'; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE

Rep. LUCAS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Anthony                Barfield
Battle                 Bingham                Branham
Breeland               G. Brown               Cato
Ceips                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Cooper
Cotty                  Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrison               J. Hines
M. Hines               Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            Rice                   Richardson
Sandifer               Scott                  Sheheen
Simrill                Sinclair               Skelton
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Altman                 Koon                   Rutherford

So, the motion to reconsider was agreed to.

Rep. LUCAS moved to reconsider the vote whereby Amendment No. 2 was adopted, which was taken up and agreed to.

Rep. LUCAS moved to table the amendment, which was agreed to.

Reps. J. E. SMITH and COBB-HUNTER proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11895AC03), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-25-10 in SECTION 3 of the Bill and inserting:
/Section 16-25-10.   As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited./
Amend the bill further, Section 16-25-20(A) page 3, line 11 by deleting /,/ and inserting /,; or/. So when amended Section 16-25-20(A) reads:
/(A)   It is unlawful to:

(1)   cause physical harm or injury to a person's own household member,; or

(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril./
Amend the bill further, Section 16-25-20(B) page 3, line 18 after the /./ by inserting /The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers./. So when amended Section 16-25-20(B) reads:
/   (B)   Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The

An offender who participates in a batterer treatment program pursuant to this section, must participate in a program offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay./
Amend the bill further, Section 16-25-65(B) page 6, line 42 after /treatment/ by inserting /coordinated/ and on line 43 before the /./ by inserting /with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay/. So when amended Section 16-25-65(B) reads:
/(B)   A person who commits the crime of criminal domestic violence of a high and aggravated nature violates subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both. The court may suspend the imposition or execution of all or part of the

Section 1-1-1410.   Every state agency, based upon guidelines developed by the Office of Human Resources, State Budget and Control Board, shall develop and implement an agency workplace domestic violence policy which must include, but is not limited to, a zero tolerance policy statement regarding acts or threats of domestic violence in the workplace and safety and security procedures."
SECTION   __.   A.   The 1976 Code is amended by adding:

"Section 59-1-475.   (A)   The Department of Education and the South Carolina Coalition Against Domestic Violence and Sexual Assault, with the review and approval of Department of Social Services, shall develop guidelines and materials for continuing education concerning domestic and family violence including, but not limited to:

(1)   the nature, extent, and causes of domestic and family violence;

(2)   issues of domestic and family violence concerning children;

(3)   prevention of the use of violence by children;

(4)   sensitivity to gender bias and cultural, racial, and sexual issues;

(5)   the lethality of domestic and family violence;

(6)   legal issues relating to domestic violence and child custody.

(B)   Each school district shall adopt a curriculum for continuing education on domestic and family violence for teachers and appropriate staff based on the guidelines and materials developed by the department pursuant to subsection (A) which must be submitted to the department for approval. No expense shall be incurred by the school districts to administer the implementation of this curriculum."
SECTION   __.   Section 59-20-40(1)(c)(9) of the 1976 Code amended to read:

"(9)   Homebound pupils 2.10

a.   pupils who are homebound

b.   pupils who reside in emergency shelters"
SECTION   __.   Section 59-63-31(A) of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:

"(A)   Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:

(1)   the child resides with one of the following who is a resident of the school district:

(a)   a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;

(b)   a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Juvenile Justice; or

(c)   the child resides with an adult resident of the school district as a result of:

(i)   the death, serious illness, or incarceration of a parent or legal guardian;

(ii)   the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;

(iii)   abuse or neglect by a parent or legal guardian;

(iv)   the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or

(v)   a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;

(2)   the child is emancipated and resides in the school district; or

(3)   the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.; or

(4)   the child resides in an emergency shelter located in the district.

In addition to the above requirements of this subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e)."
SECTION   __.   A. Section 20-4-20(b)   of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"(b)   'Household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION   __.   Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-260.   (A)   The Department of Social Services shall facilitate the development of community domestic violence coordinating councils in each county or multi-county area based upon public-private sector collaboration.

(B)   The purpose of a domestic violence coordinating council is to:

(1)   increase the awareness and understanding of domestic violence and its consequences;

(2)   reduce the incidence of domestic violence in the county or area served;

(3)   enhance and ensure the safety of battered women and their children.

(C)   The duties and responsibilities of a domestic violence coordinating council include, but are not limited to:

(1)   promoting effective strategies of intervention for identifying the existence of domestic violence and for intervention by public and private agencies;

(2)   establishing interdisciplinary and interagency protocols for intervention with survivors of domestic violence;

(3)   facilitating communication and cooperation among agencies and organizations that are responsible for addressing domestic violence;

(4)   monitoring, evaluating, and improving the quality and effectiveness of domestic violence services and protections in the community;

(5)   providing public education and prevention activities;

(6)   providing professional training and continuing education activities.

(D)   Membership on a domestic violence coordinating council may include, but is not limited to, representatives from magistrates court, family court, law enforcement, solicitor's office, probation and parole, batterer intervention programs or services, nonprofit battered women's program advocates, counseling services for children, legal services, victim assistance programs, the medical profession, substance abuse counseling programs, the clergy, survivors of domestic violence, and the education community.

(E)   Each coordinating council is responsible for generating revenue for its operation and administration."
SECTION   __.   Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-3080.   The Department of Social Services in conjunction with existing training regulations shall make available to childcare owners and operators staff training on domestic violence including, but not limited to:

(1)   the nature, extent, and causes of domestic and family violence;

(2)   issues of domestic and family violence concerning children;

(3)   prevention of the use of violence by children;

(4)   sensitivity to gender bias and cultural, racial, and sexual issues;

(5)   the lethality of domestic and family violence;

(6)   legal issues relating to domestic violence and child custody."/
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The motion of Rep. SINCLAIR to reconsider the vote whereby debate was adjourned on the following Bill until Wednesday, June 4 was taken up and agreed to:

Rep. TALLEY proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20713SD03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-5635.   (A)   Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle break down, or vehicle recovery incident to an arrest, is deemed a law enforcement

(B)   Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property. Upon receipt of this list, the sheriff or chief of police shall 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 within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.

(C)   If the identify of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall provide notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.

(D)   The proprietor, owner, operator of a storage place, garage, or towing service, who 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 pursuant to Section 29-15-10. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Fifteen days after the notice is mailed, return receipt requested, and the vehicle or object and its

"Section 16-11-760.   (A)   It shall be is unlawful for any a person to park a motor-driven or other vehicle on the private property of another without the owner's consent, if the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of such the property near each entrance prohibiting such this parking. Proof of the posting shall be is deemed and taken as notice conclusive against the person making entry.

(B)   Any motor-driven or other A vehicle found parked on private property as provided in this section may be towed away and stored at the expense of the vehicle registered owner or lienholder, and such charges for towing and storage charge shall constitute a lien against such vehicle, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.

It shall be lawful for any proprietor, owner and operator of any storage place, garage or towing service of whatever kind, which shall have towed away and stored any such vehicle, to have the vehicle sold at public outcry to the highest bidder upon the expiration of thirty days after written notice by certified mail has been given to the owner of the vehicle at his last known address that the towing and storage charges are due and such vehicle shall be sold by any regular or special constable appointed by any court of competent jurisdiction in the county in which the towing was performed or the vehicle was stored. Any regular or special constable shall, before selling the vehicle, advertise it for at least fifteen days by posting a notice in three public places in the county of sale, one of which shall be the courthouse door or bulletin board. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions, with the remainder of the money or proceeds of the sale, in the office of the clerk of the court, subject to the order of the owner thereof, or his legal representatives, and shall issue a bill of sale to the highest bidder. The regular or special constable who shall sell the vehicle shall be entitled to receive the same

Provided, however, that any such sale shall be subject to any outstanding lien recorded on the title certificate for such vehicle, which lien shall remain in full force and effect to the same extent as if such sale had not been held. In the event that the title certificate shows an unsatisfied lien, notice shall also be given to the lienholder in addition to the owner as above provided, and in addition thereto the officer selling said vehicle shall furnish to the lienholder the name and address of the purchaser of said vehicle. The bill of sale to the highest bidder shall clearly state that said vehicle is subject to the lien or liens of recorded lienholders.

(C)   If the vehicle is not claimed by the owner, lienholder, or their agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.

(D)   Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not less than twenty-five dollars and not exceeding one hundred dollars or by imprisonment for a term imprisoned not exceeding thirty days, and. This punishment is in addition to the other remedies which are authorized in this section."
SECTION   3.   Section 29-15-10 of the 1976 Code is amended to read:

"Section 29-15-10.   It is lawful for any proprietor, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by any a magistrate of the county in which the work was done or the vehicle or thing was stored. However, only those storage charges

"Section 56-5-5630.   (a)(1)   For purposes of this section, 'vehicle' means any motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the

(2)   When an abandoned motor vehicle has been taken into custody, the sheriff, or his designee, or chief of police, or his designee, storage place having towed and received the vehicle shall notify within forty-five days, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the motor vehicle is being held, inform the owner and any all lienholders of the right to reclaim the motor vehicle within fifteen days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle or other property in custody, and state that the failure of the owner or and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction.

(b)   If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.

(c)   No A lienholder shall be is not subject to any a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder, or his agent, or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. No An owner of a vehicle which has been stolen

"Section 56-5-5640.   If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the sheriff or his designee, or chief of police or his designee shall sell proprietor, owner, or operator of the storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a sales receipt from the sheriff or chief of police magistrate's bill of sale, and must be is entitled to register the purchased vehicle and receive a certificate of title. The sales receipt bill of sale at such the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in such this case no further titling of the vehicle must be is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630, must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days and. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the

"Section 7-13-1655.   (A)   As used in this section, 'voting system' means:

(1)   the total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:

(a)   define ballots;

(b)   cast and count votes;

(c)   report or display election results; and

(d)   maintain and produce audit trail information; and

(2)   the practices and associated documentation used to:

(a)   identify system components and versions of these components;

(b)   test the system during its development and maintenance;

(c)   maintain records of system errors and defects;

(d)   determine specific system changes to be made to a system after the initial qualification of the system; and

(e)   make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B)   The State Election Commission shall:

(1)   approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2)   support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3)   support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B.   Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320.   (a)   The use of vote recorders may be authorized for use in some absentee precincts in a county without requiring their use in all precincts.

(b)   Vote recorders of different kinds may be used for different precincts in the same county.

(c)   The county election commission shall provide vote recorders in such numbers as it deems considers necessary in good working order and of sufficient capacity to accommodate the names of all candidates for all party offices and nominations and public offices which, under

"(A)   Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it shall must be approved by the State Election Commission which shall examine the vote recorder and shall make and file in the commission's office a report, attested by the signature of the executive director, stating whether, in the opinion of the commission, the kind of vote recorder so examined can may be accurately and efficiently used by electors at elections, as provided by law. No A vote recorder or optical scan voting system may not be approved for use in the State unless certified by an Independent Testing Authority (ITA) accredited qualified by the National Association of State Election Directors and the State Election Commission as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder can may be so used, the recorder shall must be considered approved and vote recorders of its kind may be adopted for use at elections, as herein provided in this section.

(H)   Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ITA. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement has been met."
D.   Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"(A)   Before any kind of voting machine, including an electronic voting machine, system is used at any an election, it must be approved by the State Election Commission which shall examine the voting machine system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting machine system so examined can may be accurately and efficiently used by electors at elections, as provided by law. No A voting machine

(B)   When a voting machine system has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).

(C)   Any A person or company who requests an examination of any type of voting machine must system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting machine system when evidence is presented to the commission that the accuracy or the ability of the machine system to be used satisfactorily in the conduct of elections is in question.

(D)   Any A person or company who seeks approval for any type of voting machine system in this State must shall file with the State Election Commission a list of all states or jurisdictions in which that voting machine system has been approved for use. This list must state how long the machine system has been used in the State; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the machine system. The vendor is responsible for filing this information on an ongoing basis.

(E)   Any A person or an individual who seeks approval for any type of voting machine must system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting machine system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(F)   Any A person or company who seeks approval for any voting machine must system shall conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting machine system, as part of the certification process. The field test shall must involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more

(G)   Before any a voting machine system, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ITA with the Secretary of State. These source codes must be available to the State Election Commission in the event that case the company goes out of business, pursuant to court order, or in the event that if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement had been met.

(H)   After a voting machine system is approved, an improvement or change in the machine system must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tallying.

(I)   If the State Election Commission determines that a voting machine system that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission may decertify that machine system. A decertified machine shall system must not be used in an election unless it is reapproved by the commission under pursuant to the provisions of subsections (A) and (B).

(J)   No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have any a pecuniary interest in any voting machine system or in the manufacture or sale of any voting machine system."
E.   Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F.   This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this act.
SECTION   7.   Section 56-5-2522 of the 1976 Code is repealed.
SECTION   8.   (A)   Chapter 15, Title 56 of the 1976 Code is amended by adding:

Section 56-15-410.   An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.

Section 56-15-420.   The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.

Section 56-15-430.   The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.

Section 56-15-440.   The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."
(B)   Notwithstanding the general effective date of this act, Sections 56-15-410, 56-15-430, and 56-15-440, added by this section take effect on January 1, 2004. Section 56-15-420 added by this section takes effect upon approval by the Governor.
SECTION   9.   Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.

Rep. HARRISON moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 2, Rep. SINCLAIR having the floor.

At 5:30 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R113, S. 166 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY WITHOUT PERMISSION TO HUNT FROM THE ADJACENT LANDOWNER, SO AS TO REVISE THE DEFINITION OF "HUNTING" FOR PURPOSES OF THE OFFENSE.

(R114, S. 285 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-13-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.

(R115, S. 305 (Word version)) -- Senators Leatherman and Drummond: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.

(R116, S. 342 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA,

(R117, S. 478 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-19-480 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE" AND MUST PAY THE FEE ASSOCIATED WITH OBTAINING A CERTIFICATE OF TITLE, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; TO AMEND SECTION 56-19-485, RELATING TO THE TRANSFER OF WRECKED OR SALVAGED MOTOR VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION DOES

(R118, S. 489 (Word version)) -- Senators Ravenel and McGill: AN ACT TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROPERTY OF BELLE W. BARUCH FOUNDATION DESIGNATED AS A BIRD AND GAME REFUGE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST ANY GAME, INCLUDING WILD HOGS AND COYOTES, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYEE OR AGENT OF THE FOUNDATION TO CAPTURE, TRAP, OR HUNT WILD HOGS, COYOTES, DEER, OR RACCOON, UPON THE AUTHORIZATION OF THE FOUNDATION, FOR THE PURPOSE OF ANIMAL OR DISEASE CONTROL OR OTHER ENVIRONMENTAL OR ECOLOGICAL PURPOSES.

(R119, S. 516 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES AS OF JULY 10, 2002, SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS LEAST DEVELOPED, AND TO AMEND SECTION 12-20-50, RELATING TO THE CORPORATE LICENSE TAX, SO AS FOR PURPOSES OF THE

(R120, S. 542 (Word version)) -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY OR WATERS ADJACENT TO SANTEE COOPER RESORT IN ORANGEBURG COUNTY ON LAKE MARION WITHIN TWO HUNDRED YARDS OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

(R121, S. 572 (Word version)) -- Senators Waldrep and Hutto: AN ACT TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES

(R122, S. 710 (Word version)) -- Senator Reese: AN ACT TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.

(R123, H. 3410 (Word version)) -- Rep. Harvin: AN ACT TO AMEND SECTION 30-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

(R124, H. 3575 (Word version)) -- Rep. Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS

(R125, H. 3586 (Word version)) -- Reps. Clemmons, Harrison, Cato, W.D. Smith, Viers, Herbkersman, M.A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D.C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G.M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J.R. Smith, Rhoad, Anthony, Freeman, Scarborough, J.E. Smith, Loftis, Coates, Rivers, Ott, J.H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT WHICH CREATES A PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO NONMEDICAID SENIOR RESIDENTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH ANNUAL ENROLLMENT FEES WHICH MUST FULLY FUND THE ADMINISTRATION OF THE PROGRAM; TO AUTHORIZE THE DEPARTMENT TO SEEK NECESSARY WAIVERS, TO COMBINE NEGOTIATING POWERS TO ATTAIN REDUCED PRESCRIPTION COSTS FOR PROGRAM ENROLLEES, AND TO CONTRACT WITH OTHER STATES AND ENTITIES TO ASSIST IN ADMINISTERING THIS PROGRAM; AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ANNUALLY ON THE PROGRAM.

(R126, H. 3592 (Word version)) -- Reps. Delleney and Lucas: AN ACT TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.

(R127, H. 3749 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

(R128, H. 3806 (Word version)) -- Reps. Neilson, Lucas and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

(R129, H. 3939 (Word version)) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM A SINGLE DWELLING UNIT WITHOUT THE USE OF COMMUNITYWIDE SEWERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES; AND TO PROVIDE THAT, WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES

(R130, H. 3950 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY TO PERMIT, LICENSE, AND REGULATE AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, AS AMENDED, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THESE LIMITS DO NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, AS AMENDED, RELATING TO REQUIRING A COMMERCIAL FRESHWATER FISHING LICENSE WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE AND MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-13-1610, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF AND TRAFFIC IN CERTAIN GAME FISH, SO AS TO

(R131, H. 4176 (Word version)) -- Rep. Anthony: AN ACT TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.

The Senate returned to the House with concurrence the following:

H. 3802 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ALONG COUNTRY CLUB DRIVE IN THE COUNTY OF DILLON FOR THE HONORABLE WILLIAM BLEDSOE HAWKINS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "WILLIAM BLEDSOE HAWKINS BRIDGE".

H. 4279 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION DESIGNATING THE SQUEALIN' ON THE SQUARE FESTIVAL IN THE CITY OF LAURENS AS THE "KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.

H. 4307 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT WORK THAT LOCKSMITHS IN SOUTH CAROLINA PERFORM AND TO DECLARE THE FIRST MONDAY OF OCTOBER OF EACH YEAR AS "PROFESSIONAL LOCKSMITH'S DAY" TO BE PART OF THE CELEBRATION OF NATIONAL CRIME PREVENTION MONTH.

H. 4331 (Word version) -- Reps. Bowers and Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR HAMPTON COUNTY, ONE OF SOUTH CAROLINA'S MOST HISTORIC AND SCENIC AREAS, ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY.

H. 4332 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY S-27-13 IN JASPER COUNTY FROM ITS INTERSECTION WITH U. S. HIGHWAY 17 TO ITS INTERSECTION WITH U. S. HIGHWAY 462 AS THE "MARTIN LUTHER KING, JR., PARKWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR., PARKWAY".

H. 4338 (Word version) -- Reps. Cobb-Hunter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION JOINING THE MANY FANS AND FRIENDS OF SKIPP PEARSON OF RICHLAND COUNTY IN CONGRATULATING HIM ON HIS SELECTION AS WINNER OF THE 2003 ELIZABETH O'NEILL VERNER AWARD IN RECOGNITION OF HIS CONSUMMATE SKILL IN PLAYING THE JAZZ SAXOPHONE AND SHARING HIS MASTERY WITH OTHERS.

H. 4340 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND THAD O. STRICKLAND FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND STATE AS OWNER AND PRESIDENT OF TN CONSTRUCTION COMPANY IN SPARTANBURG.

H. 4342 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND TED PARR AND EVERETTE MATTHEWS FOR THEIR PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS THEY HAVE MADE TO THEIR COMMUNITY AND STATE AS PRESIDENT AND VICE PRESIDENT OF METAL BUILDERS, INCORPORATED IN SPARTANBURG.

H. 4343 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND LARRY DEAN PRICE FOR HIS PERSONAL COMMITMENT TO PUBLIC SERVICE AND THE MANY CONTRIBUTIONS HE HAS MADE TO HIS COMMUNITY AND STATE AS OWNER OF PRICE CONSTRUCTION COMPANY IN CHESNEE, SOUTH CAROLINA.

H. 4344 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INDIVIDUALS WHO MAINTAINED THE NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, OVER THE PAST YEARS AND WHO WERE ESSENTIAL IN ENSURING THE SUCCESSFUL TRANSFER OF THE ARMORY TO THE CITY OF ST. GEORGE.

H. 4345 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO THANK AND CONGRATULATE JUDY WESTON FOR HER MANY YEARS OF DEDICATED PUBLIC SERVICE AND HER VITAL CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF HER RETIREMENT AND WISH HER WELL IN ALL HER FUTURE ENDEAVORS, ESPECIALLY IN HER BELOVED ROLE OF "GRANDMOTHER".

At 5:50 p.m. the House, in accordance with the motion of Rep. YOUNG, adjourned in memory of John Joseph McGlynn of Summerville, to meet at 10:00 a.m. tomorrow.

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