Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from Isaiah, Chapter 41:9,10:

"I took you from the ends of the earth, saying to you,   'You are my servant, I have chosen you... do not fear, for I am with you, do not be afraid, for I am your God; I will strengthen you, I will help you, I will uphold you with my victorious right hand'."
Let us pray.

Father, the press and other media are giving us the inspiring pictures of young soldiers being lifted from battlefields in Iraq... and joyous homecomings. For all of these we give You our gratitude.

We are thankful also for others who have fought our battles on the home fronts. Bless, Father, our two DNR employees who were seriously injured in a plane crash yesterday. We beseech Your loving care for them and their families.

Especially bless, Father, our friend and colleague in these halls in years past, Your servant, ISADORE LOURIE, who is now on our serious sick list. Touch his soul with the spirit of joy and his body with healing and new strength. Grant, O Lord, to the community he loves, and the institutions he served, the fulfillment of his dreams for the "beloved community."
Amen.

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

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

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

James H. Witherspoon, Jr., P.O. 1205, Barnwell, S.C. 29812-1205

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

Brenda H. Ervin, 1152 Heritage Ct., Fort Mill, S.C. 29715

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

Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

Initial Appointment, York County Master-in-Equity, with term to commence February 28, 2003, and to expire June 30, 2009

S. Jackson Kimball III, Rhinehart, Matthews, et al, P. O. Box 36250, Rock Hill, S.C. 29731 VICE J. Buford Grier

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2003, and to expire June 30, 2007

6th Congressional District

Coleman F. Buckhouse, MD, 2008 Highland Avenue, Florence, S.C. 29501 VICE Lawrence R. Chewning

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

3rd Congressional District

John Lewis Cannon, 731 Winged Foot Drive, Aiken, S.C. 29803 VICE Andrew Marine

Referred to the Committee on Judiciary.

Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor

James V. McClain, P. O. Box 1087, North, S.C. 29112 VICE Stephen K. Benjamin

Referred to the Committee on Corrections and Penology.

The following was received:

Document No. 2818
Agency: Department of Labor, Licensing and Regulation
SUBJECT: Inspections and Fees
Received by Lieutenant Governor March 25, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 23, 2003
(Subject to Sine Die Revision)
Withdrawn and Resubmitted April 14, 2003

Senator SETZLER introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.

Senator RICHARDSON rose for an Expression of Personal Interest.

Senator COURSON rose for an Expression of Personal Interest.

Senator HUTTO rose for an Expression of Personal Interest.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

S. 549 (Word version) -- Senators Land, Martin and J. Verne Smith: 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

On motion of Senator HAWKINS, with unanimous consent, the names of Senators HAWKINS and McCONNELL were added as co-sponsors of S. 549.

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.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

The Bill was recalled from the Committee on Labor, Commerce and Industry.

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

There was no objection.

Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Transportation.

There was no objection.

The Bill was committed to the Committee on Transportation.

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

Senator RYBERG asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation.

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

There was no objection.

Senator RYBERG asked unanimous consent to adopt the Resolution and return it to the House.

There was no objection.

The Resolution was returned to the House.

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER

The House returned the Bill with amendments.

Senators McCONNELL and MOORE proposed the following amendment (JUD0208.014), which was adopted:

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

/   SECTION   1.   Section 1-3-240(C) of the 1976 Code, as amended by Act 59 of 2001, is further amended to read:

"(C)   Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)   Workers' Compensation Commission;

(2)   Commission of the Department of Revenue;

(3)   Ethics Commission;

(4)   Election Commission;

(5)   Professional and Occupational Licensing Boards;

(6)   Juvenile Parole Board;

(7)   Probation, Parole and Pardon Board;

(8)   Director of the Department of Public Safety;

(9)   Board of the Department of Health and Environmental Control, excepting the Chairman;

(10)   Chief of State Law Enforcement Division.;

(11)   South Carolina Lottery Commission; and

(12)   Executive Director of the Office of Public Staff, upon compliance with the requirements of Section 58-4-30(F).

Upon the expiration of an officeholder's term, such the individual may continue to serve until a successor has been appointed and qualifies."

SECTION   2.   The 1976 Code is amended by adding:

"Section 8-13-935.   (A)   No candidate for or person intending to become a candidate for the Public Service Commission may seek, directly or indirectly, the pledge of a member of the General Assembly's vote or contact, directly or indirectly, a member of the General Assembly regarding screening for the Public Service Commission, until: (1) the qualifications of all candidates for that office have been determined by the Public Service Commission and Office of Public Staff Review Committee, and (2) the review committee has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. For purposes of this section, 'indirectly seeking a pledge' means the candidate, or someone acting on behalf of and at the request of the candidate,

(B)   No member of the General Assembly may offer his pledge until: (1) the qualifications of all candidates for the Public Service Commission have been determined by the Public Service Commission and Office of Public Staff Review Committee, and (2) the review committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications must occur no earlier than forty-eight hours after the names of nominees have been initially released to members of the General Assembly.

(C)   No member of the General Assembly may trade anything of value, including pledges, to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for the Public Service Commission.

(D)(1)   Violations of this section may be considered by the Public Service Commission and Office of Public Staff Review Committee when it considers the candidate's qualifications.

(2)   Violations of this section by members of the General Assembly must be reported by the review committee to the House or Senate Ethics Committee, as may be applicable.

(3)   Violations of this section by incumbent commissioners seeking reelection must be reported by the commission to the State Ethics Commission.

A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."

SECTION   3.   Part 6 of Chapter 6 of Title 37 of the 1976 Code is amended to read:

Section 37-6-601.   There is hereby created in within the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided in this chapter.

Section 37-6-602.   The consumer advocate Consumer Advocate may be the Administrator of Consumer Affairs or he may be appointed by

Section 37-6-603.   The Division of Consumer Advocacy shall must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office shall must be paid from appropriations provided annually in the State General Appropriation Act.

Section 37-6-604.   (A)   The Except as provided in subsection (C), the functions and duties of the Division of Consumer Advocacy are:

(1)   To to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto, and to provide legal representation of the consumer interest concerning Certificates of Need for health facilities and services, as required for an activity under Section 44-7-160, health care licensing procedures, and other health related-matters health-related provisions.;

(2)   To to monitor existing regulations, rate structures, and policies of that agency of special interest to consumers, and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State.; and

(3)   The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.

(4)   To to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2) above, except that any proceedings initiated by the advocate Consumer Advocate must be brought on behalf of the public at large at-large and not for individuals; initiation or continuation of any proceedings must be at is in the sole discretion of the consumer advocate Consumer Advocate.

(B)   The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.

(C)   After June 30, 2004, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2004, or any appeals of those matters pending on June 30, 2004. Matters or appeals pending

Section 37-6-605.   In the performance of his assigned functions, the advocate Consumer Advocate shall have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies shall must cooperate with the advocate in the performance of his duties. In addition, the advocate shall must have reasonable access to confidential records and information, provided if he enters a proprietary agreement to insure ensure their confidentiality. The South Carolina Department of Insurance and advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate making or other proceeding before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the Public Service Commission, the issuance by the director of the Department of Insurance or the executive director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the South Carolina Department of Insurance or the Public Service Commission. If the executive director issues or refuses to issue the order, the aggrieved party may appeal to the full commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. For good cause shown, in In lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing, for good cause shown. Any objections to the issuance of the order must be filed with the commission within three days of being notified of the written request or such the order. Any objections so filed must list the specific grounds for objection. The commission shall rule on the objections within ten days or the objection is denied.

Section 37-6-606.   (1)(A)   Whenever the advocate Consumer Advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting it the regulatory agency to

(2)(B)   The petition shall set forth must state facts which it is claimed claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the hearing proceeding.

(3)(C)   The regulatory agency may hold a public hearing or may conduct such an investigation or proceeding as it deems the regulatory agency considers appropriate in order to determine whether or not such the petition should be granted.

(4)(D)   Within sixty days after the filing of the petition described in item (1) of this section subsection (A), the regulatory agency shall must either grant or deny the petition. If the agency grants the petition, it shall must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition, it shall must publish the reasons for such the denial.

(5)(E)   If the regulatory agency denies the petition made under this section, (or if it fails to grant or deny such the petition within sixty days), the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding as requested in the petition. Any such The action may be filed by the petitioner thirty days after the denial of the petition or, if the agency fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period.

(6)(F)   If the petitioner can demonstrate demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court shall must order the agency to commence or complete the proceeding as requested in the petition.

(7)(G)   In any action under this section, the court shall have has no authority to compel the agency to take any action other than the commencement or completion of a proceeding.

(H)   The remedies under this subsection shall be section are in addition to and not in lieu of other remedies provided by law.

Section 37-6-607.   The advocate shall be deemed Consumer Advocate is considered to have an interest sufficient to maintain actions for judicial review and may, as of right, and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an agency action that the consumer advocate Consumer Advocate determines may substantially affect the interests of consumers.

Section 37-6-608.   To the extent necessary to carry out the consumer advocacy responsibilities, the advocate may in addition to a regular staff, employ, in addition to a regular staff, temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such these persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall must not exceed the appropriation made for such purposes.

Section 37-6-609.   Decisions of the Consumer Advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings under Sections 37-6-601 to 37-6-608, shall be are in the sole discretion of the Consumer Advocate, except as modified by order of a Court court of competent jurisdiction.

Section 37-6-610.   After June 30, 2004, the division is not responsible for representing consumers in matters arising under Title 58, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2004, or any appeals of those matters pending on June 30, 2004. Matters or appeals pending on June 30, 2004, are the responsibility of the Consumer Advocate until June 30, 2006, when responsibility for these matters shall be transferred to the Office of Public Staff."

SECTION   4.   Article 1, Chapter 3 of Title 58 of the 1976 Code is amended to read:

Section 58-3-5.   As used in this chapter:

(1)   'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.

(2)   'Immediate family' means an individual who is:

(a)   a child residing in the person's household;

(b)   a spouse of the person; or

(c)   an individual claimed by the person or the person's spouse as a dependent for income tax purposes.

(3)   'Commission' means the Public Service Commission.

(4)   'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.

(5)   'Public staff' means the executive director or the executive director and employees of the Office of Public Staff.

(6)   'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.

(7)   'Review committee' means the Public Service Commission and Office of Public Staff Review Committee.

Section 58-3-10.   A commission is hereby established to be known as 'The Public Service Commission,' which shall be composed of seven members, whose powers over all transporting and transmitting corporations and public utilities and whose duties, manner of election, and term of office shall be prescribed by law. (A) The commission as constituted under law in effect before May 15, 2003, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.

(B)   Any case docketed for hearing before the commission prior to the effective date of this act continues to be under the commission's jurisdiction until the case reaches final disposition. The rules of procedure and review for the commission in effect on the date of filing of the pending action remain in effect until the final disposition of the pending action, notwithstanding other provisions of this chapter.

Section 58-3-20 58-3-15.   (A)   The Public Service Commission shall be commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For any term beginning after June 30, 2004, each member must have:

(1)   a baccalaureate or more advanced degree from:

(a)   a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b)   an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c)   an institution of higher learning chartered before 1962; and

(2)   a background of substantial duration and an expertise in at least one of the following:

(a)   energy issues;

(b)   telecommunications issues;

(c)   consumer protection and advocacy issues;

(d)   water and wastewater issues;

(e)   finance, economics, and statistics;

(f)   accounting;

(g)   engineering; or

(h)   law.

(B)   The members of the commission must be qualified under the provisions of this chapter. In 2004, the members representing the second, fourth, and sixth congressional districts must be elected for terms beginning on July 1, 2004, and ending on June 30, 2008, or until their successors are elected and qualify. In 2005, the members representing the first, third, and fifth congressional districts and the State-at-large must be elected for terms beginning on July 1, 2005, and ending on June 30, 2009, or until their successors are elected and qualify. Thereafter, members must be elected to terms of four years and until their successors are elected and qualify.

(C)   The General Assembly shall must provide for the election of the seven member seven-member commission, and elect its members thereto based upon the congressional districts established by the General Assembly pursuant to the latest official United States Decennial Census of 1990. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission.

Section 58-3-24 58-3-20.   After January 1, 1981, no No member of the General Assembly or member of his immediate family shall be elected to the Public Service Commission commission while that person the member is serving in the General Assembly; nor shall that person a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission for a period of four years after he the member either:

(1)   ceases to be a member of the General Assembly; or

(2)   fails to file for election to the General Assembly in accordance with Section 7-11-15.

Section 58-3-25.   (A)   Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated.

(B)   If the commission regulates a business with which an employee of the commission is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.

(C)   No person may be an employee of the commission if the commission regulates a business with which the employee is

Section 58-3-30.   (A)   The commissioners are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, except as provided in Section 58-3-140, and the State Ethics Commission must enforce and administer those rules pursuant to Section 8-13-320. In addition, commissioners must comply with the requirements of Chapter 13 of Title 8.

(B)   Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the review committee.

Section 58-3-26.   Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a review committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom shall be appointed by the President Pro Tempore of the Senate from the general public at-large, and two of whom appointed by the Speaker of the House of Representatives from the general public at-large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however, that in making appointments to the review committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The review committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The review committee shall conduct its screening pursuant to the provisions of Section 2-19-10 et seq.

The members of the general public appointed by the Speaker and the President Pro Tempore must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission.

In screening such persons for election to the Public Service Commission the joint committee shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and

Section 58-3-30 58-3-40.   The commissioners shall must take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may fill vacancies in the office of commissioner until the successor in such the office is elected by the General Assembly for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly.

Section 58-3-40 58-3-45.   (A)   The Commission shall commission must elect one of their number members as chairman for a period of two years. The Commission shall be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk

(B)   The chairman is the chief executive and administrative officer of the commission.

(C)(1)   Upon the request of any party or any commissioner, the commission may employ a hearing officer who may hear and determine procedural motions or petitions not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer.

(2)   The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence, but may not participate in the determination on the merits of any case.

(3)   The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.

Section 58-3-50.   The clerk of the commission may administer oaths.

Section 58-3-60 58-3-55.   The commission may employ technical, administrative, or clerical staff or other aid as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and 33 of this title and may fix the compensation for employment. The Commission may also employ and utilize administrative law judges or hearing officers to preside over rate hearings and other contested matters. The administrative law judge or hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the

(A)   The commission is authorized and empowered to employ a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; a hearing officer; hearing reporters; transportation inspectors; pipeline safety inspectors; railway safety inspectors; and such other professional, administrative, technical, and clerical personnel as the commission determines to be necessary in the proper discharge of the commission's duties and responsibilities as provided by law. The chairman must organize and direct the work of the commission staff. The salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation for other state agencies.

(B)   Subject to Section 58-3-580, the commission must be staffed and equipped to perform the functions set forth in this title except for those responsibilities and functions reserved to the Office of Public Staff. The expenses must be paid from the assessments collected pursuant to Section 58-3-70. The chairman, within allowed budgetary limits and as otherwise allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel incurred while traveling on official business.

(C)   The commissioners shall not supervise the Office of Public Staff.

(D)   The commission shall not inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is solely the responsibility of the Office of Public Staff.

Section 58-3-70 58-3-60.   The chairman and members of the Commission commission shall receive annual salaries payable in the same manner as the salaries of other State state officers are paid. Each commissioner must devote full time to his duties as a commissioner, and must not engage in any other employment, business, profession, or vocation during the normal business hours of the commission.

Section 58-3-80.   The commissioners and their secretary shall be transported free of charge, when in the performance of the duties of their office concerning railroads, over all railroads and railroad trains in this State and they may take with them experts or other agents whose services they may deem to be temporarily of importance and such agents shall in like manner be transported free of charge.

Section 58-3-90 58-3-65.   The Commission shall commission must meet at least once each month, and the chairman shall must call a meeting at any other time upon the written request of any two members of the Commission commission. A majority of the commissioners shall constitute constitutes a quorum for the transaction of all business pertaining to their office.

Section 58-3-95 58-3-67.   Whenever a corporation or person furnishing heat, water, sewerage collection, sewerage disposal, or street railway service, or whenever a telephone utility with fewer than ten thousand customers as of the date of filing, files a schedule setting forth proposed changes with the Commission commission pursuant to the procedures prescribed in this title, a panel of three members of the Commission shall commission must hear and rule on the proposed changes. The chairman of the Commission shall commission must appoint the members of the panel.

Section 58-3-100 58-3-70.   The expenses of the Transportation Department of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.

Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all All other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, and electric utilities as defined in Section 58-27-10, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to under the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue shall must assess each public utility company, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of Revenue department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1,

The Public Service Commission shall commission must certify to the South Carolina Department of Revenue annually, but no later than on or before May first, the amounts to be assessed.

The commission shall operate as an other-funded agency.

Section 58-3-110 58-3-75.   The appropriation for the Public Service Commission's commission's office shall must be advanced by the State until it shall have has been collected from the corporations liable therefor and, when collected, shall must be placed in the State Treasury state treasury.

Section 58-3-120.   The Attorney General shall:

(1)   represent and appear for the people of the State and the Commission in all actions and proceedings involving any question of general and public interest within the jurisdiction of the Commission and, if directed to do so by the Commission, intervene, if possible, in any action or proceeding in which any such question is involved;

(2)   Commence, prosecute and expedite the final determination of all actions and proceedings directed or authorized by the Commission;

(3)   Advise the Commission and each commissioner, when so requested, in regard to all matters connected with powers and duties of the Commission and the members thereof; and

(4)   Generally perform all duties and service as attorney to the Commission which the Commission may require of him.

Section 58-3-130 58-3-80.   Every State Upon demand by the commission or Office of Public Staff, each state department, board, and commission, and every each officer or agent of the State shall must furnish to the Commission commission or Office of Public Staff, upon demand, for its inspection and for its confidential use, any record or information filed on file with it or him the department, board, commission, or officer, as appropriate, or any information in their possession concerning the property values, operation, income, or other matter of any person doing business as a public utility in this State, as defined in Section 58-5-10, an electric utility or a motor vehicle carrier.

Section 58-3-140 58-3-85.   (A)   The Public Service Commission commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices,

(B)   The Commission shall commission must develop and publish a policy manual which shall must set forth guidelines for the administration of the Commission commission. All procedures shall must incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.

(C)   The Commission shall commission must facilitate access to its general rate request orders in contested matters involving over more than one hundred thousand dollars by publishing an order guide which indexes and cross-references such orders issued after the effective date of this act by subject matter and case name. The order guide must be made available for public inspection.

(D)   The Commission is authorized to and shall commission must promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal intervenor status, such testimony to be reduced to writing and prefiled with the Commission commission in advance of any hearing.

(E)   Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service Commission the commission's jurisdiction found in pursuant to Title 58 or any other titles title.

Section 58-3-142 58-3-90.   No member of the General Assembly or any member of a member's law-firm law firm shall appear before the Public Service Commission commission in any rate fixing proceeding by representing any party in such the proceeding for any purposes including political purposes, and it shall be is the duty of the presiding commissioner or hearing officer to enforce the provisions of this section. Provided, however However, this section shall does not apply to any member of the General Assembly appearing as a witness on either side of any hearing.

Section 58-3-145.   The Public Service Commission shall notify the Chief Justice of the South Carolina Supreme Court of all pending contested rate matters where the amount in controversy in such rate matters is in excess of one million dollars annually. The Chief Justice, when so notified or when otherwise requested to do so by the Chairman of the Commission, shall appoint a circuit judge to preside over the hearings in such cases. Such judge shall have full authority to rule on questions concerning the conduct of the case and the admission of evidence but shall not participate in the determination on the merits of any such case.

During the conduct of such hearings, the judge shall have the same authority to control the proceedings and the conduct of participants therein as he would have in proceedings being heard in the circuit courts of the State.

Section 58-3-150 58-3-93.   The Commission commission may investigate all existing or proposed interstate rates, fares, tolls, charges, and classifications and all rules and practices in relation thereto, for or in relation to the transportation of persons or property, when any act in relation thereto shall take takes place within this State. When the same are, in the opinion of the Commission commission, excessive or discriminatory or in violation of the act of Congress entitled 'An Act to Regulate Commerce,' approved February 4, 1887, and the acts amendatory thereof and supplemental thereto as amended or supplemented, or of any other act of Congress, or in conflict with the rulings, orders, or regulations of the Interstate Commerce Commission, the Public Service Commission commission may apply by petition or otherwise to the Interstate Commerce Commission or to any court of competent jurisdiction for relief.

Section 58-3-160.   The Commission may appear and participate in railroad abandonment, railroad extension or any other proceedings before the Interstate Commerce Commission, whenever, in the judgment of the Commission, such proceedings affect the welfare of the State and its people.

Section 58-3-170 58-3-95.   In case of failure on their part of common carriers and telephone and telegraph companies to agree, the Commission shall commission must supervise and fix all agreements, contracts, rates, or the divisions thereof and rules and regulations between or among common carriers and telephone and telegraph companies, of whatever kind, placed under the control or supervision of the Commission commission.

Except insofar as for rates, transactions affecting rates, or transactions affecting service areas are concerned, the provisions of this section do not apply to transactions between a telephone cooperative association and its subsidiary corporation or cooperative association.

Section 58-3-180 58-3-100.   The Commission shall make such rules and commission must promulgate regulations as may be necessary to carry into effect effectuate the provisions of Section 58-3-170 58-3-95.

Section 58-3-190 58-3-105.   (A)   All persons or corporations that are included within the definition of a 'public utility,' as defined in Section 58-5-10 as well as every a motor vehicle carrier All public utilities subject to the jurisdiction of the commission that are doing

Section 58-3-200.   (B)   If, in the judgment of the Commission commission, the information or reports referred to in Section 58-3-190 requested are not furnished within a reasonable time or the questions or interrogatories referred to in said this section are not answered fully within a reasonable time or, if so furnished and answered, are not satisfactory to the Commission commission, the Commission shall commission must give by written notice to such the person or corporation the particulars in which such reasons why the information, reports, or answers to such questions or interrogations are not satisfactory, and such the person or corporation shall have has a reasonable time in which to comply with the requirements of such the notice in the particulars therein mentioned.

Section 58-3-210 58-3-115.   If it is desired for any reason to verify or recheck the information furnished under Sections 58-3-190 or 58-3-200 Section 58-3-105, the Commission, in person or by its agents, shall commission may request the Office of Public Staff to make such an examination of the books, papers, accounts, and records of and such the inspection of the properties of the persons referred to in Section 58-3-190 58-3-105 as shall be necessary to procure the information required requested. To that end the Commission The commission may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the Commission commission may designate, and the expense of making such the necessary examination or inspection for the procuring of such the information shall must be paid by the party so examined or inspected, to be collected by the Attorney General on behalf of the

Section 58-3-220 58-3-120.   All One half of all penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the Commission shall commission must be paid over one half into the State Treasury state treasury, and the other half into the county treasury of the county in which the suit is brought imposing the penalty or forfeiture so collected, such The revenues accruing from such these collections to must be used for general State state and county purposes.

Section 58-3-225 58-3-125.   (A)   Hearings conducted before the Public Service Commission shall commission must be conducted under dignified and orderly procedures designed to protect the rights of all parties.

(B)   All persons appearing in a representative capacity before the Commission commission in its proceedings should conform to the standards of ethical conduct required of attorneys practicing before the courts of this State.

(C)   Any person, firm, or corporation who disregards Commission commission orders after due notice or who engages in conduct calculated to bring the due and orderly course of Commission commission proceedings into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the proceedings may, by order of the Commission commission or its presiding officer, be ejected for the remainder of that day from such the proceedings. If that person, firm, or corporation engages in further conduct resulting in ejection for a second day or portion thereof in the same proceeding, he shall must also be declared in contempt and cited for such to any circuit judge, who may punish by a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both. Such The proscribed conduct shall include includes, but is not be limited to, any person, firm, or corporation intentionally delaying the proceedings by the injection of matters determined not to be relevant after a proper warning that such the matters shall not be pursued.

(D)   The above provision shall provisions of this section must not be construed as limiting any powers of the Commission commission under existing law.

(E)   A party may strike its petition, application, complaint, counterclaim, cross-claim, or third-party claim from any commission docket one time as a matter of right, if all parties adverse to that petition, application, complaint, counterclaim, cross-claim, or third-party claim agree in writing that it may be stricken.

Section 58-3-240 58-3-130.   (A)   As used in this section:

(1)   'privately owned privately-owned industrial park' means a privately owned privately-owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned 'Privately-owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;

(2)   'industrial premises' means a building, structure, plant, or facility which is located in a privately owned privately-owned industrial park and is owned or leased by an industrial user;

(3)   'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;

(4)   'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates, that offer offers or provide provides, or both, utility services to the public or any portion of it outside a privately owned privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned privately-owned industrial park; and

(5)   'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.

(B)   The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written

(C)   Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall must file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B).

Section 58-3-135.   (A)   All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings, and must include:

(1)   findings and conclusions and the reasons or bases therefor upon all the material issues of fact, law, or discretion presented in the record; and

(2)   the appropriate rule, order, sanction, relief, or statement of denial thereof.

(B)   A copy of every final order or decision under the seal of the commission must be served by registered or certified mail upon the person against whom it runs or his attorney, and notice thereof must be given to the other parties to the proceeding or their attorneys. The order takes effect and becomes operative when issued unless otherwise designated, and continues in force either for a period designated by the commission or until changed or revoked by the commission. If, in the judgment of the commission, an order cannot be complied with within the time designated, the commission may grant and prescribe additional time as is reasonably necessary to comply with the order and, on application and for good cause shown, may extend the time for compliance fixed in its order.

Section 58-3-140.   (A)   Except as provided in subsection (B) or unless required for the disposition of ex parte communication matters specifically authorized by law, a commissioner, hearing officer, or commission employee shall not communicate, directly or indirectly, regarding any issue in any proceeding with any person without notice and opportunity for all parties to participate in the communication. For purposes of this section:

(1)   'Proceeding' means a contested case to be adjudicated, decided, or arbitrated by the commission.

(2)   'Person' means a party to a proceeding pending before the commission, a member of the Office of Public Staff, the executive director, a representative of a party to a proceeding pending before the

(B)   A commissioner may communicate with other commissioners regarding matters pending before the commission, and any commissioner, hearing officer, or commission employee may receive aid from commission employees if the commission employees providing aid do not:

(1)   receive ex parte communications of a type that the commissioner, hearing officer, or commission employee would be prohibited from receiving; or

(2)   furnish, augment, diminish, or modify the evidence in the record.

(C)   Unless required for the disposition of ex parte matters specifically authorized by law, no party to a proceeding and no person may communicate, directly or indirectly, in connection with any issue in a proceeding with any commissioner, hearing officer, or commission employee without notice and opportunity for all parties to participate in the communication.

(D)   Except as provided in item (1), prior to the filing with the commission of any pleadings, applications, or other documents that could initiate a proceeding, a commissioner, hearing officer, or commission employee shall not communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding. If before serving in a proceeding, a commissioner, hearing officer, or commission employee receives an ex parte communication of a type that may not properly be received while serving, the commissioner, hearing officer, or commission employee, promptly after beginning to serve in the proceeding, must disclose the communication in the manner prescribed in subsection (E) if the Executive Director of the Office of Public Staff or his designee was not present at the time the ex parte communication was received.

(1)   A commissioner or commission employee may communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding for the purposes of an educational briefing if:

(a)   all members of the commission are invited to attend the briefing; and

(b)   the Executive Director of the Office of Public Staff or his designee attends the briefing; the executive director files a written

(E)   If a commissioner, hearing officer, or a commission employee receives an ex parte communication in violation of this section, he must promptly after receipt of the communication or, in the case of a communication prior to a filing, as soon as it is known to relate to a filing, place on the record of the matter all written and electronic communications received, all written and electronic responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the commissioner, hearing officer, or commission employee, as appropriate, received an ex parte communication, and must advise all parties that these matters have been placed on the record. Within ten days after receipt of notice of the ex parte communication, any party who desires to rebut the contents of the communication must request and shall be granted the opportunity to rebut the contents. Parties affected by a violation may, after a hearing on any violation under Section 58-3-140(E), agree to a resolution of any claim regarding such violation, and the obligation to report violations under Section 58-3-140(G) may be waived.

(F)   If necessary to eliminate the effect of an ex parte communication received in violation of this section, a commissioner, hearing officer, or commission employee who receives the communication may be disqualified by the commission, and the portions of the record pertaining to the communication may be sealed by protective order.

(G)   Any commissioner, hearing officer, commission employee, party, or any other person must report any wilful violation of this section on the part of a commissioner, hearing officer, or commission employee to the State Ethics Commission for any disciplinary proceedings or action provided by law. In addition, a copy of the report must be filed with the review committee as a matter of information to become part of the review committee's annual review of the commission and its members.

(H)   Any person who willfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not

Section 58-3-145.   (A)   Any party seeking remedial relief from alleged violations of Section 58-3-140 may file a complaint with the Administrative Law Judge Division.

(B)   A complaint seeking sanctions must include the following:

(1)   the name and address of the complainant;

(2)   the name and address of complainant's counsel, if any;

(3)   the name and address of each person alleged to have violated the ex parte prohibition (hereinafter referred to as respondent);

(4)   the name and address of each respondent's counsel, if known;

(5)   the facts constituting the alleged violation; and

(6)   the sanctions sought by the complainant.

(C)   A complaint filed under this section must be served on the commission; each respondent; respondents' counsel, if known; and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.

(D)   Within seven days of service of the complaint, a respondent must file an answer with the Administrative Law Judge Division and serve it on the complainant and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.

(E)   The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division may issue an order tolling any statutory deadlines for a decision by the commission on the proceeding that is subject of the ex parte communication complaint. The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division must conduct a hearing and must issue a decision within sixty days after the complaint is filed.

(F)   The decision of the administrative law judge must describe the relevant facts of the case and must set forth the judge's findings as to whether the ex parte communication was in violation of Section 58-3-140. The judge also must impose sanctions in accordance with subsection (G). In imposing these sanctions, the judge, as a matter of equity, must protect (1) the rights and interests of parties who are not alleged to have violated Section 58-3-140, and (2) the public interest in general.

(G)   In his decision, the administrative law judge may impose the following sanctions:

(1)   dismiss the proceeding if the prohibited ex parte communication has so prejudiced the proceeding that the commission cannot consider the matter impartially;

(2)   issue an adverse ruling on a pending issue that is the subject of the prohibited ex parte communication if other parties are prejudiced by the prohibited ex parte communication;

(3)   strike evidence or pleadings if the evidence or pleadings are tainted by the prohibited ex parte communication;

(4)   issue a public statement of censure, if it is determined that the prohibited ex parte communication occurred but mitigating circumstances exist that:

(a)   negate the need for a more severe sanction;

(b)   indicate that the proceeding was not prejudiced to the extent that the commission is unable to consider the matter in the proceeding impartially;

(c)   indicate that the ex parte communication did not prejudice other parties; or

(d)   indicate that the ex parte communication did not taint the evidence or pleadings.

(H)   If the administrative law judge finds the complainant's allegation of an ex parte violation was interposed for any improper purpose, such as to harass or cause unnecessary delay or increase in the cost of the proceeding, the administrative law judge may issue an appropriate sanction against the complainant.

(I)   Any decision of an administrative law judge pursuant to this section shall be considered interlocutory in nature and is not immediately appealable until a final order of the commission has been issued. Any appeal of a decision of an administrative law judge pursuant to this section must be included in and made in the same manner as an appeal of the final order of the commission in the subject proceeding.

Section 58-3-150.   A former commissioner must not be employed or retained by a public utility for a period of at least one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."

SECTION   5.   Chapter 3 of Title 58 of the 1976 Code is amended by adding:

Section 58-3-510.   There is hereby established a committee to be known as the Public Service Commission and Office of Public Staff Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.

Section 58-3-520.   (A)   The review committee shall consist of nineteen members, five of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, two of whom must be appointed by the President Pro Tempore of the Senate from the general public at-large, five of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, two of whom must be appointed by the Speaker of the House of Representatives from the general public at-large, and five of whom must be appointed by the Governor. The Governor must not appoint a member of the General Assembly or a member's immediate family member.

(B)   The terms of the members appointed by the President Pro Tempore shall be coterminous with the President Pro Tempore's term of office, and the members appointed by the Speaker shall be coterminous with the Speaker's term of office. The terms of those members appointed by the Governor expire with the term of the appointing Governor. Members serve at the pleasure of their appointing officer, and any vacancies occurring on the review committee must be filled by the appropriate appointing officer of the General Assembly or by the Governor.

(C)   The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of ten members.

(D)   Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Public Service Commission or for the Executive Director of the Office of Public Staff, the candidate must not be elected to the Public Service Commission or appointed to serve as Executive Director of the Office of Public Staff.

Section 58-3-530.   The review committee has the following powers and duties:

(1)   to nominate:

(a)   no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order

(b)   no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Public Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. A person must not be appointed to serve as Executive Director of the Office of Public Staff unless nominated by the review committee. If the Governor rejects a person nominated for the position of executive director by the review committee, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment;

(2)   to set the salary of the Executive Director of the Office of Public Staff;

(3)   to conduct an annual performance review of each member of the commission, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;

(4)   to evaluate the actions of the commission, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;

(5)   to develop and distribute to each party and its representatives appearing before the commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following:

(a)   knowledge and application of substantive utility issues; ability to perceive relevant issues;

(b)   absence of influence by political considerations;

(c)   absence of influence by identities of lawyers;

(d)   absence of influence by identities of litigants;

(e)   courtesy to all persons appearing before the commission; and

(f)   temperament and demeanor in general; preparation for hearings; and attentiveness during hearings;

(6)   to develop and distribute to each employee of the commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following:

(a)   knowledge and application of substantive utility issues; ability to perceive relevant issues;

(b)   absence of influence by political considerations;

(c)   absence of influence by identities of lawyers;

(d)   absence of influence by identities of litigants;

(e)   courtesy to all persons appearing before the South Carolina Public Service Commission;

(f)   temperament and demeanor in general; preparation for hearings; and attentiveness to hearings; and

(g)   demonstrated ability for leadership and management by the commissioner;

(7)   to submit the review committee's evaluation to the General Assembly, on an annual basis, of the performance of the commission. A proposed draft of the evaluation must be submitted to the commission prior to submission to the General Assembly, and the commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;

(8)   to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Public Staff;

(9)   to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section; and

(10)   to undertake such additional studies or evaluations as may be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or either body of the General Assembly.

Section 58-3-540.   The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.

Section 58-3-550.   (A)   The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.

(B)   The review committee may employ other professional staff, upon the determination of the necessity for other staff by the review

(C)   The review committee may employ consultants to assist in identifying candidates for the Executive Director of the Office of Public Staff.

(D)   The costs and expenses of the committee must be funded in the annual state appropriation act.

Section 58-3-560.   (A)   Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10 et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee.

(B)   In order to be nominated for a seat on the commission, candidates must meet the minimum qualifications provided in Section 58-3-15 and this section. In screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:

(1)   ability, dedication, compassion, common sense, and integrity of the candidates; and

(2)   the race and gender of the candidates and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State.

Section 58-3-570.   (A)   The review committee must recommend a method by which tariffs may be filed with the Office of Public Staff and, if not contested, become effective upon publication. This proposal must include authority for the Executive Director of the Office of Public Staff to oppose proposed tariffs before the commission. The review committee must prepare and deliver a report along with its recommendations concerning filing of tariffs to the General Assembly on or before January 15, 2004.

(B)   The review committee must conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee must prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2005.

Section 58-3-580.   No later than June 30, 2004, the review committee must allocate personal service positions within the commission to either the commission or the Office of Public Staff. The review committee must organize appropriate divisions within the commission and within the Office of Public Staff. The review committee's authority to reorganize the agencies and assign personal

SECTION   6.   Title 58 of the 1976 Code is amended by adding:

Section 58-4-5.   As used in this chapter:

(1)   'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.

(2)   'Immediate family' means an individual who is:

(a)   a child residing in the person's household;

(b)   a spouse of the person; or

(c)   an individual claimed by the person or the person's spouse as a dependent for income tax purposes.

(3)   'Commission' means the Public Service Commission.

(4)   'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.

(5)   'Public staff' means the executive director or the executive director and employees of the Office of Public Staff.

(6)   'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.

(7)   'Review committee' means the Public Service Commission and Office of Public Staff Review Committee.

Section 58-4-10.   (A)   There is hereby created the Office of Public Staff as a separate agency of the State with the duties and organizations as hereinafter provided.

(B)   The Office of Public Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The public staff must represent the public interest of South Carolina before

(1)   concerns of the using and consuming public with respect to public utility services, regardless of the class of customer;

(2)   economic development and job attraction and retention in South Carolina; and

(3)   preservation of the financial integrity of the State's public utilities and continued investment in and maintenance of utility facilities so as to provide reliable and high quality utility services.

(C)   The Office of Public Staff is subject to the provision of Section 58-3-140 prohibiting ex parte communications with the Public Service Commission, and any advice given to the commission by the public staff must be given in a form, forum, and manner as may lawfully be given by any other party or person.

Section 58-4-20.   (A)   The Office of Public Staff shall consist of the executive director and other professional, administrative, technical, and clerical personnel as may be necessary in order for the public staff to represent the public interest, as hereinafter provided. All such personnel must be appointed, supervised, and directed by the executive director.

(B)   The public staff is not subject to the supervision, direction, or control of the commission, the chairman, or members of the commission.

(C)   Except for the executive director, the salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation by other state agencies.

(D)   The Office of Public Staff must not be physically housed in the same location as the Public Service Commission. The review committee must approve the location of the Office of Public Staff.

Section 58-4-30.   (A)   The Executive Director of the Public Staff must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.

(B)   The review committee must nominate one candidate as qualified to serve as executive director for the Governor's consideration.

(1)   A person must not be appointed to serve as Executive Director of the Office of Public Staff unless the review committee nominates the person.

(2)   If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment.

(C)   The executive director must be appointed by the Governor with the advice and consent of the Senate for a term of six years and until his successor is appointed and confirmed.

(D)   The name of the executive director appointed by the Governor must be submitted to the Senate on or before April first of the year in which the term of the executive director begins.

(E)   The initial term of office for the executive director begins July 1, 2004.

(F)   The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C) only after a two-thirds majority vote of the review committee recommending removal for cause.

(G)   In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's successor must be submitted by the review committee to the Governor, who must send his appointment to the Senate for confirmation. If a vacancy arises in the office when the Senate is not in session, the review committee must nominate a candidate and the Governor must appoint an executive director to serve on an interim basis pending confirmation by the Senate.

(H)   The executive director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.

(I)   The salary of the executive director must be set by the review committee.

Section 58-4-40.   (A)   Unless otherwise provided by law, no person may serve as the Executive Director of the Office of Public Staff if the commission regulates any business with which that person is associated.

(B)   If the commission regulates a business with which an employee of the Office of Public Staff is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.

(C)   No person may be an employee of the Office of Public Staff if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.

Section 58-4-50.   (A)   It is the duty and responsibility of the public staff to:

(1)   review, investigate, and make appropriate recommendations to the commission with respect to the reasonableness of rates charged or proposed to be charged by any public utility and with respect to the consistency of these rates with the public policy of assuring an energy supply adequate to protect the public health and safety and to promote the general welfare;

(2)   make inspections, audits, and examinations of public utilities. The public staff has sole responsibility for this duty, and the commission shall not make inspections, audits, or examinations of public utilities;

(3)   review, investigate, and make appropriate recommendations to the commission with respect to the service furnished or proposed to be furnished by any public utility;

(4)   represent the public interest in all commission proceedings, hearings, rulemakings, adjudications, arbitrations, and other regulatory matters;

(5)   when considered necessary by the executive director and in the public interest, petition the commission to initiate proceedings to review, investigate, and take appropriate action with respect to the rates or service of public utilities;

(6)   represent the public interest in all certificate applications;

(7)   represent the public interest in all proceedings in which any public utility proposes to reduce or abandon service to the public;

(8)   investigate complaints affecting the public interest generally, including those which are directed to the commission, commissioners, or commission employees, and where appropriate, make recommendations to the commission with respect to these complaints;

(9)   make studies and recommendations to the commission with respect to standards, regulations, practices, or service of any public utility pursuant to the provisions of this title; however, the public staff has no duty, responsibility, or authority with respect to the enforcement of natural gas pipeline safety laws, rules, or regulations;

(10)   when considered necessary by the executive director and in the public interest, participate in commission proceedings with respect to transfers of franchises, mergers, consolidations, and combinations of public utilities;

(11)   when considered necessary by the executive director and in the public interest, provide legal representation of the public interest before federal regulatory agencies in proceedings which could affect the rates or service of any public utility;

(12)   review, investigate, and make appropriate recommendations to the commission with respect to contracts of public utilities with affiliates or subsidiaries;

(13)   monitor existing regulations, rate structures, and policies affecting public utilities which are of special interest to consumers and report to and educate the public through the news media and other sources, concerning proposed changes therein under consideration and the effect of those changes on the lives of the citizens of this State; and

(B)   Upon request, the executive director must employ the resources of the public staff to furnish to the commission, its members, or, until June 30, 2006, the Consumer Advocate, such information and reports or conduct such investigations and provide other assistance as may reasonably be required in order to supervise and control the public utilities of the State and to carry out the laws providing for their regulation.

(C)   Each year, the executive director and the public staff employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the review committee.

Section 58-4-60.   (A)   The public staff must be staffed and equipped to perform the functions described in Section 58-4-50. The expenses of the office must be paid as set forth in Section 58-3-70 and this section. The executive director, within established budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related necessary expenses of the executive director or public staff incurred while traveling on official business.

(B)   All expenses of the Office of Public Staff must be borne by the public utilities, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54, of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of

(C)   The Office of Public Staff must certify to the South Carolina Department of Revenue annually on or before May first the amounts to be assessed.

(D)   The Office of Public Staff shall operate as an other-funded agency.

(E)   The appropriation for the Office of Public Staff shall be advanced by the State until such time as funds have been collected from the corporations liable therefor and, when collected, must be placed in the state treasury.

Section 58-4-70.   (A)   All public utilities that are subject to the jurisdiction of the commission and that are doing business in this State must promptly, when requested by the Office of Public Staff, furnish a full and detailed written report and written information concerning their business affairs or any matter pertaining thereto, as is specified in the request, and must also promptly answer fully all questions and interrogatories which may be propounded by the public staff.

(B)   If, in the judgment of the Office of Public Staff, the information or reports referred to in subsection (A) are not furnished within a reasonable time or the questions or interrogatories referred to in subsection (A) are not answered fully within a reasonable time or, if furnished and answered, are not satisfactory to the public staff, the public staff must give by written notice to the person or corporation the reasons why the information, reports, or answers to the questions or interrogatories are not satisfactory, and the person or corporation has a reasonable time in which to comply with the requirements of the notice.

(C)   If it is desired for any reason to verify or recheck the information furnished under this section, the public staff, in person or by its agents, must make an examination of the books, papers, accounts, and records of and the inspection of the properties of the persons referred to in subsection (A) as necessary to procure the information requested. The public staff may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the public staff may designate and the expense of making the necessary examination or inspection for the procuring of the information must be paid by the party examined or inspected, to be collected by the public staff by suit or action, if necessary, except that if the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made, the expense of

Section 58-4-80.   The executive director representing the public staff is considered to have an interest sufficient to maintain actions for judicial review from commission orders or decisions and may, as of right and in a manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of commission action that the executive director determines may substantially affect the interests of consumers. This right includes intervention in any action for judicial review from commission orders or decisions that are pending at any stage of the action. The executive director representing the public staff has the same rights of appeal from commission orders or decisions as other parties to commission proceedings.

Section 58-4-90.   Except as required by Section 58-4-50, decisions relating to whether, when, or how to initiate, continue, participate, or intervene in proceedings under Section 58-4-50 are in the sole discretion of the executive director, except as modified by order of a court of competent jurisdiction.

Section 58-4-100.   To the extent necessary to carry out public staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary to assist the public staff in its participation in commission proceedings. The compensation paid to these persons may be commensurate with compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings or from the public staff's budget. If paid by the public utility or utilities, the compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the review committee, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.

Section 58-4-110.   The public staff must make and publish annual reports to the General Assembly on its activities in the interest of the using and consuming public.

Section 58-4-120.   Rules governing the internal administration and operations of the Office of the Public Staff must be promulgated by the office and subject to review by the General Assembly as are rules of

SECTION   7.   On or before January 1, 2004, the Code Commissioner must prepare and deliver to the Public Service Commission and Office of Public Staff Review Committee, a report of all code references and other references and provisions in Title 58 which he considers in need of correction or modification as a result of the provisions of this act.

SECTION   8.   Members of the Public Service Commission who represent the second, fourth, and sixth congressional districts and who are serving on the commission on the effective date of this act shall continue to hold such office until June 30, 2004. Members of the Public Service Commission who represent the first, third, and fifth congressional districts and the State-at-large and who are serving on the commission on the effective date of this act shall continue to hold such office until June 30, 2005.

SECTION   9.   Sections 58-3-67 and 58-3-93, as contained in Section 4, are repealed July 1, 2004.

SECTION   10.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   11.   This act takes effect upon approval by the Governor except that:

(1)   Article 5 of Chapter 3 of Title 58 as contained in Section 5 takes effect August 1, 2003;

(2)   Section 1-3-240(C) as contained in Section 1; Section 58-3-55 as contained in Section 4; Section 58-3-80 as contained in Section 4; Section 58-3-115 as contained in Section 4; Section 58-3-140 as contained in Section 4; Section 58-3-145 as contained in Section 4; and Chapter 4 of Title 58 as contained in Section 6 take effect July 1, 2004./

Renumber sections to conform.

Amend title to conform.

Senator MOORE spoke on the amendment.

The amendment was adopted.

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

The following were introduced:

S. 583 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 584 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 585 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 27 - MAY 4, 2003, AS NATIONAL SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 586 (Word version) -- Senators Alexander and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-290 SO AS TO DEFINE "BULLYING", PROVIDE THAT EACH LOCAL SCHOOL BOARD SHALL ADOPT POLICIES TO PROHIBIT BULLYING, AND PROVIDE THAT A

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

S. 587 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS, AND STAFFING, AND TO REPEAL JOINT RESOLUTION 378 OF 2002 RELATING TO A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS.
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Read the first time and referred to the General Committee.

S. 588 (Word version) -- Senators J. Verne 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.
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Read the first time and referred to the Committee on Judiciary.

S. 589 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE STATE ATTORNEY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FOR ABUSED AND NEGLECTED CHILDREN HAS STANDING TO PETITION THE FAMILY COURT, FOR CERTAIN ENUMERATED REASONS, FOR THE REMOVAL OF A GUARDIAN APPOINTED AS AND ADVOCATED FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING.
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Read the first time and referred to the Committee on Judiciary.

S. 590 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 59-150-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA EDUCATION LOTTERY ACT, SO AS TO PROVIDE THAT AN ELECTRONIC OR MECHANICAL MACHINE USED BY A RETAILER MAY DISPENSE PROMOTIONAL MATERIALS AS APPROVED BY THE LOTTERY COMMISSION.
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Read the first time and referred to the Committee on Judiciary.

S. 591 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE SENATE ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO REPEAL SECTION 2-1-65, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED.
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Read the first time and referred to the Committee on Judiciary.

S. 592 (Word version) -- Senators Jackson, Kuhn, Knotts and Malloy: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REQUIRING THAT THE OWNER OF A VEHICLE BE NOTIFIED BY REGISTERED MAIL IF IT IS

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

S. 593 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-11-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPECIAL PURPOSE DISTRICTS RESULTING IN OVERLAP, SO AS TO PROVIDE THAT, IF THE BOUNDARIES OF A SPECIAL PURPOSE DISTRICT PROVIDING WATERWORKS OR SEWER SERVICE ARE DIMINISHED, THE SPECIAL PURPOSE DISTRICT MAY CONTINUE TO PROVIDE WATER OR SEWER SERVICES OUTSIDE OF ITS DIMINISHED BOUNDARIES PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT WITH ONE OR MORE POLITICAL SUBDIVISIONS AUTHORIZED TO PROVIDE THE WATER OR SEWER SERVICE DIRECTLY, AND TO FURTHER PROVIDE THAT THIS CONTINUATION OF WATER OR SEWER SERVICE MUST BE APPROVED BY THE COUNTY BOARD BY RESOLUTION.
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Senator VERDIN spoke on the Bill.

Read the first time and, on motion of Senator VERDIN, with unanimous consent, S. 593 was ordered placed on the Calendar without reference.

S. 594 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO INSPECTIONS AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2818, 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. 595 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION,

Read the first time and ordered placed on the Calendar without reference.

S. 596 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
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Read the first time and referred to the Committee on Finance.

S. 597 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
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Senator KNOTTS asked unanimous consent to make a motion that the Concurrent Resolution be placed on the Calendar without reference.

Senator RYBERG objected.

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

S. 598 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE IRMO'S LAKEWOOD CHURCH AND THE NORTHWEST YMCA FOR HOSTING THE GREAT IRMO EGG HUNT AND FOR ILLUMINATING THE TRUE REASON TO CELEBRATE EASTER.

The Senate Resolution was adopted.

S. 599 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4015, SO AS TO ALLOW OTHERWISE LAWFUL BINGO GAMES IN THIS STATE TO BE PLAYED BY MEANS OF AN ELECTRONIC DABBER, TO REQUIRE THAT PLAYERS USING AN ELECTRONIC DABBER MUST BE GIVEN BINGO CARDS APPROVED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE THAT ARE DATE STAMPED AND VALIDATED AND NOT REUSABLE, TO DEFINE "ELECTRONIC DABBER" AND PROVIDE REQUIREMENTS AND PROHIBITIONS APPLICABLE TO DABBERS, TO REQUIRE DABBERS TO BE TESTED AND APPROVED BY AN INDEPENDENT TESTING FACILITY DETERMINED BY THE DEPARTMENT OF REVENUE TO ENSURE THAT EACH DABBER MEETS THE REQUIREMENTS OF THIS SECTION, TO REQUIRE THE DEPARTMENT OF REVENUE TO REVOKE PERMANENTLY THE BINGO LICENSE AND PROMOTER LICENSE OF AN ORGANIZATION AND PROMOTER FOUND TO BE USING A DABBER WITHOUT THE REQUIRED BINGO CARDS AND PROHIBIT A PROMOTER WHOSE LICENSE IS REVOKED PURSUANT TO THIS SECTION FROM ANY FUTURE INVOLVEMENT WITH BINGO IN THIS STATE, AND TO PROVIDE THAT THIS SECTION DOES NOT DIMINISH OR IMPAIR RIGHTS GRANTED TO THE CATAWBA INDIAN TRIBE PRESENT TO THE LAWS IN THIS STATE.
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Read the first time and referred to the Committee on Finance.

S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
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On motion of Senator KNOTTS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 601 (Word version) -- Senators Kuhn, McGill and Land: A BILL TO AMEND SECTION 50-5-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL SALTWATER RECREATIONAL FISHING STAMPS AND CHARTER FISHING LICENSES, SO AS TO DELETE PROVISIONS RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND PROVIDE THAT A PERSON SIXTEEN YEARS OF AGE OR OLDER MAY NOT ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT CERTAIN LICENSES; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO CERTAIN HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE SECTION SO AS TO COMBINE CERTAIN HUNTING OR FISHING PRIVILEGES IN CERTAIN LICENSES, ESTABLISH A NEW RESIDENT HUNTING, RESIDENT FISHING, COMBINATION HUNTING AND FISHING, AND SPORTSMAN LICENSES, AND REVISE CERTAIN FEES; TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO DELETE THE REQUIREMENT THAT A PERSON PROCURE AND HAVE A DUCK STAMP IN POSSESSION WHEN HUNTING WATERFOWL, PROVIDE THAT A PERSON MUST HAVE A VALID HUNTING LICENSE TO HUNT WATERFOWL, AND PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CONTINUE TO PRODUCE COMMEMORATIVE DUCK STAMPS AND RETAIN THE REVENUE; TO AMEND SECTION 50-9-540, AS AMENDED, RELATING TO FISHING LICENSES, SO AS TO DELETE CERTAIN PROVISIONS REQUIRING PURCHASE OF AN ANNUAL STATEWIDE LICENSE; AND TO REPEAL SECTION 50-9-550, RELATING TO FRESHWATER PERMITS FOR FISHING IN RESERVOIRS, LAKES, AND STREAMS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55

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

H. 3212 (Word version) -- Rep. Lourie: A BILL TO AMEND SECTION 23-6-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN DOMESTIC VIOLENCE, SO AS TO ALSO REQUIRE CREDITS IN VULNERABLE ADULT ABUSE.

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

H. 3332 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.

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

H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE THAT THE VALUE OF THE LOSS OF REVENUE CAUSED BY THE UNLAWFUL WITHHOLDING OR FRAUDULENT APPROPRIATION OF RENTAL PROPERTY MAY BE CONSIDERED FOR THE PURPOSES OF COMPUTING THE APPLICABLE PENALTY, TO PROVIDE THAT A CIRCUIT COURT JUDGE OR MAGISTRATE MAY ORDER RESTITUTION IN AMOUNT BASED ON THE VALUE OF THE LOSS OF REVENUE OR DAMAGE TO THE RENTED ITEM; AND TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO

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

H. 3552 (Word version) -- Reps. Lourie, J. E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3567 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 11-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

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

H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.

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

H. 3641 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-43-60 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT MUST TERMINATE AFTER THE FIFTH YEAR OF GRANTS AND LOANS ARE RECEIVED AND AT LEAST FIVE MILLION DOLLARS IN TAX CREDITS ARE USED; AND TO REPEAL SECTION 4 OF ACT 314 OF 2000, RELATING TO SUNSET PROVISIONS FOR THE ACT.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO DELETE A SENTENCE PROVIDING THAT THE DEFINITIONS USED IN THE FEDERAL PERKINS LOAN PROGRAM SERVE AS THE BASIS FOR DEFINING "CRITICAL GEOGRAPHIC AREA", AND TO MAKE OTHER NONSUBSTANTIVE CHANGES.

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

H. 3997 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME WILLIAM L. "BILL" BIGGS OF OMAHA, NEBRASKA, A PAST PRESIDENT OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.

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

H. 4003 (Word version) -- Reps. Freeman, Hayes, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. RONALD W. HAMPTON OF CHERAW, ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF NORTHEASTERN TECHNICAL COLLEGE, FOR HIS MANY YEARS OF SERVICE TO THIS STATE THROUGH HIS WORK IN HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

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

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.

Ordered for consideration tomorrow.

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, York County Master-in-Equity, with term to commence February 28, 2003, and to expire June 30, 2009

S. Jackson Kimball III, Rhinehart, Matthews, et al, P. O. Box 36250, Rock Hill, S.C. 29731 VICE J. Buford Grier
Very respectfully,
Speaker of the House

Received as information.

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

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

H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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. 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.

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

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.

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

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 477.

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 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 DISTRESSED OR LEAST DEVELOPED.

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.

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.

By prior motion of Senator HAWKINS, with unanimous consent

S. 94 (Word version) -- Senators Anderson, Elliott, Reese and Knotts: A BILL TO AMEND SECTION 7-7-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS, SO AS TO REQUIRE A VOTER TO BE NOTIFIED OF HIS TRANSFER TO A NEW PRECINCT AND OF HIS TRANSFER TO A NEW ELECTION DISTRICT FOR A SPECIAL PURPOSE DISTRICT, SCHOOL DISTRICT, MUNICIPALITY, COUNTY, THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, OR THE SOUTH CAROLINA SENATE.

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

Senators ANDERSON and McCONNELL proposed the following amendment (JUD0094.010), which was adopted:

Amend the committee report, as and if amended, page [94-2], beginning on line 5, by striking /special purpose district,/ .

Renumber sections to conform.

Amend title to conform.

Senator ANDERSON explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0094.004), which was adopted:

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

/   SECTION   1.   Section 7-7-10 of the 1976 Code is amended to read:

"Section 7-7-10.   (A)   For the purpose of holding any general, primary, or special election in this State, the voting precincts and voting places in the several counties of the State shall must be designated, fixed, and established by the General Assembly. Nothing in this chapter prohibits a county election commission from establishing multiple polling places within a precinct, provided that if voters are assigned to these polling places alphabetically or geographically as determined by the county election commission and approved by a majority of that county's legislative delegation.

(B)   A voter must be notified by the county board of voter registration in writing no later than thirty days before the date of the next election held in the polling place, precinct, or election district of:

(1)   his transfer to a new polling place and the location of the new polling place;

(2)   his transfer to a new precinct as provided in Sections 7-7-720 and 7-7-950; or

(3)   his transfer to a new election district for a special purpose district, school district, municipality, county, the South Carolina House of Representatives, the South Carolina Senate, or the United States House of Representatives."

SECTION   2.   Section 7-7-720 of the 1976 Code is amended to read:

"Section 7-7-720.   (A)   A person whose registration is transferred to another precinct by virtue of the provisions of this article must be notified by mail by the county board of voter registration of the transfer no later than thirty days before the date of the next election held in the precinct.

(B)   A person whose notification is returned to the board of registration as undeliverable must be reported by the board to the State Election Commission. The State Election Commission must place the elector in an inactive status on the master file and may remove this elector's name from inactive status upon compliance with the provisions of Section 7-5-330(F)."

SECTION   3.   Section 7-7-950 of the 1976 Code is amended to read:

"Section 7-7-950.   When a new voting precinct is established by law, the board of registration must transfer from the books of registration the names of electors registered to vote in other voting precincts as should register and vote in the new voting precinct and

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator ANDERSON proposed the following amendment (PT\ 1527MM03), which was adopted:

Amend the bill, as and if amended, Section 7-7-950 as found in SECTION 3, page 94-2, line 29, by inserting before /election/ the following:

/ presidential election or statewide constitutional officers' /

Renumber sections to conform.

Amend title to conform.

Senator ANDERSON 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 with notice of general amendments.

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 REPORTING, TO AMEND SECTION 42-19-10, AS AMENDED,

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

The Committee on Banking and Insurance proposed the following amendment (507SBI), which was adopted:

Amend the bill, as and if amended, page 3, line 2, SECTION 3, by deleting the Section in its entirety and inserting:

/   SECTION 3.   This act becomes effective one hundred twenty days after approval by Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON 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 with notice of general amendments.

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

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.

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.

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

The Committee on Banking and Insurance proposed the following amendment (222SBI), which was adopted:

Amend the bill, as and if amended, Section 37-20-130 (A), page 2, line 27, by striking the line in its entirety and inserting:

/   credit card listing an address that is substantially different from the address on /;

Amend the bill further, as and if amended, Section 37-20-130 (B), page 2, line 38, by striking the line in its entirety and inserting:

/   the credit card issuer proves that the offeree actually incurred or knowingly benefited from the /;

Amend the bill further, as and if amended, Section 37-20-130 (C), page 2, line 42, by striking the line in its entirety and inserting:

/   within a period not to exceed thirty days after the requested address change receives a /;

Amend the bill further, as and if amended, Section 37-20-160, page 4, by deleting lines 7-22 and inserting:

/   Section 37-20-160. (A)   The State Law Enforcement Division shall establish and maintain appropriate records of individuals who

(B)   A victim of identity theft must submit to the State Law Enforcement Division a copy of the police report, a full set of fingerprints, or other relevant information required by the State Law Enforcement Division for the inclusion in the records of identity theft victims. The State Law Enforcement Division shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles.   /

Renumber sections to conform.

Amend title to conform.

Senator SHORT 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.

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 PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARD THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.

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

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

On motion of Senator HAWKINS, the Resolution was carried over.

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

Senator MARTIN moved that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M. for the exclusive purpose of Ratification of Acts and upon the completion of the Ratification of Acts, the Senate would stand in recess until 11:00 A.M.

There was no objection and the motion was adopted.

Senator MARTIN informed the Senate that tomorrow the Senate may consider a motion to convene subject to the provisions of Rule 1B for the session on Thursday, April 17, 2003.

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

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

James H. Witherspoon, Jr., P. O. Box 1205, Barnwell, S.C. 29812-1205

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

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

Brenda H. Ervin, 1152 Heritage Ct., Fort Mill, S.C. 29715

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

Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, S.C. 29732

Initial Appointment, York County Master-in-Equity, with term to commence February 28, 2003, and to expire June 30, 2009

S. Jackson Kimball III, Rhinehart, Matthews, et al, P. O. Box 36250, Rock Hill, S.C. 29731 VICE J. Buford Grier

On motion of Senator LEATHERMAN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:

Initial Appointment, Director, Department of Health and Human Services, with term coterminous with Governor

Robert M. Kerr, 116 Winners Circle, Lexington, S.C. 29072 VICE William A. Prince

On motion of Senators HAYES and HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of MSG Mike Cash of Camden, S.C.

At 1:13 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:30 A.M.

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