Indicates Matter Stricken
Indicates New Matter

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

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.

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

The following appointment was transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Charleston County Master-in-Equity, with term to commence June 21, 2003, and to expire December 24, 2004

Mikell R. Scarborough, 70 Chadwick Drive, Charleston, S.C. 29407 VICE Roger Young (resigned)

Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.

The following were introduced:

S. 578 (Word version) -- Senators Courson, Alexander, Anderson, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO CONGRATULATE THE CLERK OF THE SENATE, JEFFREY S. GOSSETT, AND HIS WIFE, SUSANNAH PAIGE GOSSETT, ON THE BIRTH OF THEIR DAUGHTER, ANNA KATHERINE GOSSETT, ON THURSDAY, APRIL 10, 2003.
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The Senate Resolution was adopted.

S. 579 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND EMPLOYERS EXEMPT FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO EXEMPT PROFESSIONAL SPORTS TEAMS.
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Read the first time and referred to the Committee on Judiciary.

S. 580 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO SOUTH CAROLINA PATIENTS' COMPENSATION FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2823, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY.
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Read the first time and, on motion of Senator HAWKINS, with unanimous consent, S. 581 was ordered placed on the Calendar without reference.

On motion of Senator HAWKINS, with unanimous consent, S. 581 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 582 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-43-217, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

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

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty, J. H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J. E. Smith, W. D. Smith, Huggins, E. H. Pitts, Jennings, Emory, Skelton, Owens and Scott: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

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

H. 3941 (Word version) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3945 (Word version) -- Rep. G. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3972 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE JUSTIN ARTHUR OF COWPENS FOR WINNING THE FIRST INDIVIDUAL STATE TITLE IN WRESTLING FOR BROOME HIGH SCHOOL, TO COMMEND HIM FOR HIS MANY OUTSTANDING ATHLETIC AND ACADEMIC ACHIEVEMENTS, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3973 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 7, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2003, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; TO ELECT MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS TO SUCCEED A MEMBER WHOSE TERM EXPIRED IN 2002 AND A MEMBER WHOSE TERM EXPIRES IN 2003; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

H. 3974 (Word version) -- Reps. Townsend and Martin: A CONCURRENT RESOLUTION TO DECLARE APRIL 2003 AS SOUTH CAROLINA WORK ZONE SAFETY AWARENESS MONTH.

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

H. 3992 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 1953 GRADUATING CLASS OF LANGLEY-BATH-CLEARWATER HIGH SCHOOL ON THE OCCASION OF THEIR FIFTIETH CLASS REUNION AND TO COMMEND ITS MEMBERS FOR THEIR MANY ACCOMPLISHMENTS AND CONTRIBUTIONS TO THEIR COMMUNITY AND STATE.

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

H. 3993 (Word version) -- Reps. Hosey, 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, 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, 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 EXPRESSING THE SINCEREST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF SERGEANT GEORGE EDWARD BUGGS OF BARNWELL COUNTY IN OPERATION IRAQI FREEDOM AND THEIR

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

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 222 (Word version) -- Senators Short and Leventis: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 507 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

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

Ordered for consideration tomorrow.

Columbia, S.C., April 10, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cato, Chellis and J. H. Neal to the Committee of Conference on the part of the House on:

S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)

Received as information.

Columbia, S.C., April 8, 2003

Mr. President and Senators:

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

Initial Appointment, Charleston County Master-in-Equity, with term to commence June 21, 2003, and to expire December 24, 2004

Mikell R. Scarborough, 70 Chadwick Drive, Charleston, S.C. 29407 VICE Roger Young (resigned)
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 10, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal, Phillips, Rivers, Scarborough, G.M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER,

Received as information.

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

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

H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF

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

S. 464 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTIONS 11-35-310 AND 11-35-830, BOTH AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE AND THE DUTIES OF THE STATE ENGINEER, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS A PROFESSIONAL ENGINEER AND TO PROVIDE THAT THE STATE ENGINEER IS AN AT-WILL EMPLOYEE WHO SERVES AT THE PLEASURE OF THE STATE BUDGET AND CONTROL BOARD.

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

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was read the third time and ordered sent to the House.

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

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

There was no objection.

On motion of Senator RYBERG, with unanimous consent, the Bill was read the third time and ordered sent to the House.

S. 513 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-9-510 OF THE 1976 CODE, RELATING TO HUNTING LICENSE FEES, TO INCREASE THE COMBINATION HUNTING AND FISHING LICENSE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS, TO INCREASE THE ANNUAL STATEWIDE LICENSE FEE FROM ONE HUNDRED TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO INCREASE THE TEN-DAY NONRESIDENT LICENSE FEE FROM FIFTY TO SEVENTY-FIVE DOLLARS, TO INCREASE THE THREE-DAY NONRESIDENT LICENSE FEE FROM TWENTY-FIVE TO FORTY DOLLARS, AND TO INCREASE THE NONRESIDENT BIG GAME PERMIT FEE FROM EIGHTY-NINE TO ONE HUNDRED DOLLARS.

S. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION

S. 565 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO GROINS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2758, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.

S. 566 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE CONSTRUCTION OF POOLS IN AREAS SEAWARD OF THE BASELINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2759, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.

S. 516 (Word version) -- Senator McGill: A BILL 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 SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE

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

S. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.

H. 3078 (Word version) -- Reps. Lucas, Simrill, Coates and Cotty: A BILL TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

H. 3829 (Word version) -- Rep. J.E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.

H. 3850 (Word version) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.

S. 386 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKER'S COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES SHALL APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKER'S COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKER'S COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0386.001), which was adopted:

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

/ A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.

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

SECTION   1.   Section 42-7-65 of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:

"Section 42-7-65.   Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:

(1)   for all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater;

(2)   for all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year;

(3)   for all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year;

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

(5)   for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

The wages provided in items (2), (3), (4), and (5) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), (4), and (5) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.

'Volunteer firemen' and 'rescue squad members' are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A 'volunteer deputy sheriff' is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall must be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved and funded by the governing body of the entity using his services as a voluntary state constable. The workers' compensation premiums for these constables must be paid from the state general fund upon warrant of the Chief of the State Law Enforcement Division. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.

The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 477 (Word version) -- Senators Ritchie, Ford and Leventis: 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 AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0477.001), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 20, in Section 16-25-20(C), as contained in SECTION 3, by striking line 20 in its entirety and inserting therein the following:

/   convicted of a violation of that subsection or of Section 16-25-65 within the previous ten   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND

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

Senators MARTIN and RITCHIE proposed the following amendment (555R001.LAM), which was adopted:

Amend the bill, as and if amended, SECTION 2, page 4, lines 25-29, by striking Section 35-1-1500(B) and inserting:

/     (B)   Every person who knowingly and substantially assists a seller or other person in engaging in fraudulent acts or practices in violation of Section 35-1-1490(2) and who at the time of such assistance either knew or should have known of the fraudulent acts or practices in violation of such section is jointly and severally liable with and to the same extent as the assisted person who engages in the violation of such section. There is contribution as in cases of contract among the several persons so liable."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

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

On motion of Senator ANDERSON, with unanimous consent, S. 555 was ordered to receive a third reading on Friday, April 11, 2003.

H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD

Senator LEVENTIS explained the Concurrent Resolution.

On motion of Senator KUHN, the Concurrent Resolution was carried over.

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

At 11:45 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 10:30 A.M. on Wednesday, April 16, 2003.

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

H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn, Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J.E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS

Senator MOORE moved that the Bill be made a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Branton
Courson                   Elliott                   Fair
Ford                      Giese                     Glover
Grooms                    Hayes                     Hutto
Jackson                   Knotts *                  Kuhn
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     Peeler                    Pinckney

Rankin *                  Ravenel                   Reese
Ritchie                   Setzler                   Short *
Smith, J. Verne           Waldrep *

Gregory                   Hawkins                   Ryberg

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was made a Special Order.

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

Initial Appointment, Charleston County Master-in-Equity, with term to commence June 21, 2003, and to expire December 24, 2004

Mikell R. Scarborough, 70 Chadwick Drive, Charleston, S.C. 29407 VICE Roger Young (resigned)

On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Shirley W. Vause, magistrate of Olanta, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 11, 2003, it stand adjourned to meet next Tuesday, April 15, 2003, at 12:00 Noon, which motion was adopted.

At 11:44 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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