Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from the Book of Exodus, 3:5:
"Then God said to Moses, 'Come no closer! Remove the sandals from your feet, for the place on which you are standing is holy ground'!"
Let us pray.
Father, we thank You for these sacred moments each day. By the gifts of Your Spirit make them moments of spiritual illumination where we see the facts of our mortal life in the frame of eternal perspective.
Make clear to us our duty to You, our GOD, and our duty to our State and country. Help us not awkwardly to confound the two but to realize that the duties of Christian-citizenship are a God-ordained responsibility.
Provide us an arsenal of spiritual power that we may conquer our enemies within and with out by the power of the Prince of Peace, in whose name we say our prayer.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1997, and to expire May 19, 2004
At-Large - Chairman
Thomas Graham Edwards, 1618 Dennis Blvd., Moncks Corner, S.C. 29461 VICE Howell Donald McElveen (resigned)
Senator J. VERNE SMITH introduced Dr. Harold "Hal" Shaw of Greenville, S.C., Doctor of the Day.
At 11:20 A.M., Senator DRUMMOND requested a leave of absence for the week of March 31 through April 6, 2003.
S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 203.
S. 164 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry and return it to its previous place on the Calendar for consideration tomorrow.
There was no objection.
The following were introduced:
S. 529 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO ADD A PROVISION THAT ALL POWERS GRANTED TO THE GOVERNING BODY BY LAW MAY BE IMPLEMENTED BY ORDINANCE, RESOLUTION, OR ANOTHER FORM OF ACTION, AS THE GOVERNING BODY MAY BY ORDINANCE PROVIDE, AND PROVIDE AN EXCEPTION BY DELETING LANGUAGE TO MAKE IT CONSISTENT WITH OTHER PARTS OF THIS ACT; AND TO AMEND SECTION 4-9-130, RELATING TO THE REQUIREMENT THAT PUBLIC HEARINGS MUST BE HELD BEFORE FINAL ACTION IS TAKEN BY THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO ADOPT CERTAIN CODES WITHOUT REQUIRING THEM TO BE ADOPTED WITH AN ORDINANCE.
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Read the first time and referred to the Committee on Judiciary.
S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
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Read the first time and, on motion of Senator GIESE, with unanimous consent, S. 530 was ordered placed on the Calendar without reference.
S. 531 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIBOTTLE TAX, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS UPON RETAIL DEALERS, SO AS TO ELIMINATE THE PROHIBITION AGAINST SELLING MINIBOTTLES TO PERSONS OTHER THAN THOSE PERSONS LICENSED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 61-6-1600 AND 61-6-1610, RELATING TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1630, RELATING TO PURCHASES FROM LICENSED RETAIL DEALERS, SO AS TO ELIMINATE THE PROHIBITION AGAINST A RETAIL DEALER FROM SELLING MINIBOTTLES TO PERSONS OTHER THAN THOSE PERSONS LICENSED BY THE DEPARTMENT OF REVENUE TO SELL ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION; TO ADD SECTION 61-6-1640, SO AS TO PROHIBIT A PERSON LICENSED UNDER ARTICLE 5 OF CHAPTER 6 OF TITLE 61 FROM SUBSTITUTING ANY OTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER UNLESS THE CUSTOMER IS ADVISED THAT THE DESIRED BRAND IS NOT AVAILABLE AND THE CUSTOMER APPROVES OF THE SUBSTITUTION, AND TO PROVIDE A PENALTY FOR VIOLATION OF THIS SECTION; TO ADD SECTION 61-6-1650, SO AS TO PROHIBIT A LICENSEE FROM REFILLING OR REUSING ANY BOTTLE OF LAWFULLY PURCHASED ALCOHOLIC LIQUORS AND TO PROVIDE A PENALTY; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2005, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE REFERENCES TO "SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES, AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION.
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Read the first time and ordered placed on the Calendar without reference.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
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Read the first time and ordered placed on the Calendar without reference.
H. 3054 (Word version) -- Reps. Walker, Hinson and Cotty: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
Read the first time and referred to the Committee on Education.
H. 3228 (Word version) -- Reps. G. M. Smith, Sheheen and Rutherford: A BILL TO AMEND SECTION 56-5-2934, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON'S RIGHT TO COMPULSORY PROCESS WHEN CHARGED WITH THE OFFENSE OF, OR AN OFFENSE RELATED TO, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO DELETE THE PROVISION THAT ALLOWS A PERSON CHARGED WITH AN OFFENSE TO COMPLETE A HEARING REQUEST FORM AND GIVE IT TO THE ARRESTING OFFICER WHO SHALL FORWARD IT TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES IMPOSED FOR VIOLATING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FINES IMPOSED FOR THESE OFFENSES, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO INCREASE THE FINES IMPOSED FOR THIS OFFENSE, AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO FUND HIGHWAY PATROL PROJECTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO DOES NOT ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WITHIN A CERTAIN PERIOD TO HAVE HIS SUSPENSION REMAIN IN EFFECT AND BE DENIED ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED LICENSE AND THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING, TO DELETE THE PROVISION THAT REQUIRES A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE FILING A FORM TO OBTAIN A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A LICENSE OR PERMIT IS ISSUED IF THE PERSON'S SUSPENSION IS UPHELD DURING AN ADMINISTRATIVE HEARING, TO REQUIRE A PERSON TO ENROLL IN AN ALCOHOL DRUG SAFETY ACTION PROGRAM BEFORE HE MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO REVISE THE TIME PERIOD IN WHICH A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING; AND TO AMEND SECTION 56-5-2952, RELATING TO THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE CERTAIN DRIVER'S LICENSE SUSPENSIONS, SO AS TO PROVIDE THAT THIS FEE APPLIES TO ANY ADMINISTRATIVE HEARING BEFORE THE DEPARTMENT OF PUBLIC SAFETY, AND TO INCREASE THE FEE.
Read the first time and referred to the Committee on Judiciary.
H. 3607 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN SCHOOL DISTRICT 1 OF ANDERSON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
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.
Read the first time and referred to the Committee on Finance.
H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.
Read the first time and ordered placed on the Local and Uncontested Calendar.
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.
Read the first time and referred to the Committee on Finance.
H. 3855 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 19-26, 2003, AS NATIONAL LANDSCAPE ARCHITECTURE WEEK IN SOUTH CAROLINA AND TO COMMEND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FOR CREATING THE SPECIAL PLACES IN WHICH WE LIVE, WORK, AND PLAY.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 3856 (Word version) -- Rep. D. C. Smith: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, PUBLIC SERVICE, AND SACRIFICE OF WADE HAMPTON III, OF SOUTH CAROLINA, GOVERNOR, SENATOR, AND SOLDIER, AND TO COMMEND THE SERGEANT BERRY G. BENSON CAMP NO. 1672, SONS OF CONFEDERATE VETERANS, OF NORTH AUGUSTA, FOR THEIR FAITHFUL REMEMBRANCE OF THIS DISTINGUISHED PUBLIC SERVANT AND LEADER, IN PEACE AND WAR, ON THE ONE HUNDRED EIGHTY-FIFTH ANNIVERSARY OF HIS BIRTH.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the YORK REGIONAL CHAMBER OF COMMERCE to attend a reception at the SC State Museum on Tuesday, April 1, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from PREVENT CHILD ABUSE SC to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 2, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the NATIONAL GUARD ASSOCIATION OF SC to attend a luncheon on the State House Grounds on Wednesday, April 2, 2003, from 12:00 until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the HOME BUILDERS ASSOCIATION to attend a reception and bird supper at Seawells on Wednesday, April 2, 2003, from 6:30 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the YMCA's OF SC to attend a Continental Breakfast in Room 221 Blatt Bldg. on Thursday, April 3, 2003, from 8:30 until 10:00 A .M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
CONCURRENCE
S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
The House returned the Bill with amendments.
Senator HAYES explained the House amendment.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.
The House returned the Joint Resolution with amendments.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills 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. 3599 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
By prior motion of Senator ELLIOTT, with unanimous consent
H. 3600 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
By prior motion of Senator ELLIOTT, with unanimous consent
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
Senator FAIR asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator FAIR, with unanimous consent, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third.
S. 208 (Word version) -- Senators McConnell and Moore: 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 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0208.002), 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 20001, 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, directly or indirectly, contact a member of the General Assembly regarding screening for the Public Service Commission until the qualifications of all candidates for that office have been determined by the Public Service Commission and Office of Public Staff Review Committee and 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, requests a person to contact a member of the General Assembly on behalf of the candidate before nominations are formally made by the review committee. The prohibitions of this section do not extend to an announcement of candidacy by the candidate or statement by the candidate detailing the candidate's qualifications.
(B) No member of the General Assembly may offer his pledge until 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 until 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 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) 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. 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. 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:
Division of Consumer Advocacy
Section 37-6-601. There is hereby created in the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided.
Section 37-6-602. The consumer advocate Consumer Advocate may be the Administrator of Consumer Affairs or he may be appointed by the Administrator administrator with the approval of the Commission on Consumer Affairs. The consumer advocate shall Consumer Advocate must be an attorney qualified to practice in all courts of this State with a minimum of three years' practice experience.
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 matters.;
(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 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 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 on June 30, 2004, shall be handled by the Consumer Advocate until June 30, 2006, when responsibility for such matters will be transferred to the Office of Public Staff.
Section 37-6-605. In the performance of his assigned functions the advocate shall must 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 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 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. 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 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 to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest.
(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 investigation or proceeding as it deems 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.
(I) 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.
Section 37-6-607. (A) The advocate shall be deemed 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.
(B) 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.
Section 37-6-608. (A) To the extent necessary to carry out the consumer advocacy responsibilities, the advocate may in addition to a regular staff, employ temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall not exceed the appropriation made for such purposes.
(B) 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.
Section 37-6-609. (A) 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 must be in the sole discretion of the Consumer Advocate except as modified by order of a Court court of competent jurisdiction.
(B) 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."
SECTION 4. Article 1, Chapter 3 of Title 58 of the 1976 Code is amended to read:
General Provisions
Section 58-3-5. As used in this chapter and Chapter 4:
(1) 'A 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, and 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 Public Service 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 must continue to be under the jurisdiction of the commission until the case reaches final disposition at a hearing. 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 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 election for a term beginning after June 30, 2004, the members must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between a student and an instructor 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) institution of higher learning chartered before 1962; and
(2) must have 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; and
(h) law.
(B) The members of the Public Service Commission must be qualified under the provisions of this act and must be elected to staggered terms. 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 shall 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 A member of the General Assembly or a member of his immediate family shall must not be elected to the Public Service 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 Public Service Commission if the Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Public Service Commission if the 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 58-3-30. (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. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners must comply with the requirements of the State Ethics Act in 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 Public Service Commission and Office of Public Staff 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 experience of the potential appointees in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs and finance. In making its findings the joint committee shall seek to find the best qualified people giving due consideration to their ability and integrity.
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 office for a full term or an unexpired term, as the case may be, shall have been is elected by the General Assembly.
Section 58-3-40 58-3-45. (A) The Commission shall commission must elect one of their number to be 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 determination on the merits of any case. The compensation, costs, and expenses incurred incident to utilization of an administrative law judge or hearing officer must be fixed or approved by the Commission and must be included as expenses of the Commission under Section 58-3-100.
(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 duty and responsibility 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 by 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 allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel incurred while traveling on official business.
(C) The commissioners have no authority to supervise the Office of Public Staff.
(D) The commission has no authority to inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is the sole responsibility of the Office of Public Staff.
Section 58-3-70 58-3-60. The chairman and members of the Commission shall commission must 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 Public Service 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 Public Service 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 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 administration into the State Treasury state treasury as other taxes collected by the Department of Revenue for the State.
The Public Service Commission shall certify to the South Carolina Department of Revenue annually 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 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 state department, board, and commission, and every officer or agent of the State shall must furnish to the Commission commission and Office of Public Staff, upon demand, for its inspection and for its confidential use any record filed with it or him 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 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, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.
(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 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, 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 jurisdiction found in Title 58 or any other titles.
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 in any rate fixing proceeding 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, 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 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 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 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. 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 that are subject to the jurisdiction of the commission and that are doing business in this State, except such as are municipally owned and operated, shall must promptly, when required by the Public Service Commission, furnish to the Commission a full and detailed written report and written information concerning its their business affairs or any matter pertaining thereto, as shall be is specified in such the requirement, and shall with like promptness must also promptly answer fully all questions and interrogatories which may be propounded by the Commission commission. Any written report or written information furnished under this section to the commission must be furnished in the same manner and form and at the same time to the Office of Public Staff.
Section 58-3-200 58-3-110. If, in the judgment of the Commission commission, the information or reports referred to in Section 58-3-190 58-3-105 are not furnished within a reasonable time or the questions or interrogatories referred to in said 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 information, reports, or answers to such the 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 in the notice.
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 or 58-3-110, 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. 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 Commission by suit or action, if necessary, except, that if such the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made pursuant to the requirements of the Commission in regard thereto, the expense of making such the examination and inspection shall must be paid out of the funds of the Commission commission.
Section 58-3-220 58-3-120. 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 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 collections to 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 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 or provide, 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 agreement and the provision of the services under the terms of the agreement.
(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 which may be designated or until changed or revoked by the commission. If an order cannot, in the judgment of the commission, 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 may 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 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 commission, individuals, corporations, partnerships, limited liability companies, elected officials of state government, and other public and elected officials.
(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 may 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 starting to serve, 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 statement describing the subject matter discussed and the parties, persons, commissioner, commission employees, and Office of Public Staff employees in attendance; and the executive director certifies that the briefing was not of a subject matter so similar to nor so close in proximity in time to a contemplated proceeding so as be an attempt to evade or circumvent the limitations of this section on ex parte communication during a proceeding.
(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 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 Public Service Commission and Office of Public Staff 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 wilfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
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, 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 58-3-170. The judge also must impose sanctions in accordance with subsection (G). In imposing these sanctions, the judge, as a matter of equity, must protect the rights and interests of parties who are not alleged to have violated Section 58-3-170 and the public interest in general.
(G) In the decision required by subsection (F), 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 it 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) do not prejudice the proceeding to the extent that the commission is unable to consider the matter in the proceeding impartially;
(c) do not prejudice other parties; or
(d) do 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 needless increase in the cost of the proceeding, the administrative law judge may issue an appropriate sanction against the complainant.
Section 58-3-150. A former commissioner must not be employed by a public utility for a period of 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:
Public Service Commission and Office of Public Staff Review
Committee
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 on the call of the chairman or 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 to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Sections 58-3-15 and 58-3-560;
(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 by the review committee for executive director, the review committee must nominate another single 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 Public Service Commission. 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 a final draft of the performance review is submitted to the General Assembly. The final performance reviews must be made a part of the member's record for consideration if the member seeks reelection to the Public Service Commission;
(4) to evaluate the actions of the South Carolina Public Service 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, individual and corporate;
(5) to develop and distribute to each party and its representatives appearing before the South Carolina Public Service Commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(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; and
(f) temperament and demeanor in general, preparation for hearings, and attentiveness to hearings;
(6) to develop and distribute to each employee of the Public Service Commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(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 evaluations to the General Assembly, on an annual basis, of the performance of the South Carolina Public Service Commission. A proposed draft of such evaluations must be submitted to the South Carolina Public Service Commission prior to submission to the General Assembly, and the South Carolina Public Service 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, from time to time, on matters relating to the powers and duties set out in this section; and
(10) to undertake such additional studies or evaluations as may, from time to time, be referred 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.
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 has the power to employ other professional staff, upon the determination of the necessity therefore by the review committee, if sufficient funds for such outside staff are available within the review committee's budget.
(C) The review committee is authorized to 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 Public Service 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 South Carolina Public Service 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;
(2) the level of expertise and experience of the candidates in such varied fields as energy, telecommunications, consumer protection and advocacy, water and wastewater, finance, economics, and statistics, accounting, engineering, or law; and
(3) 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 Public Service Commission. The review committee must prepare and deliver a report along with its recommendations concerning filing of tariffs to the General Assembly by no later than 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 by no later than January 15, 2005.
Section 58-3-580. No later than June 30, 2003, the Public Service Commission and Office of Public Staff Review Committee must allocate personal service positions within the Public Service Commission to either the Public Service 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 service positions supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Public Staff has sole authority to select and employ personnel of the Office of Public Staff. On and after June 30, 2003, a Public Service Commission employee whose position is transferred to the Office of Public Staff is, upon application to the executive director, entitled only to due consideration for the position."
SECTION 6. Title 58 of the 1976 Code is amended by adding:
Office of Public Staff
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 Public Service Commission. The public staff must represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means a balancing of the following:
(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 plants 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 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.
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 Public Service Commission and Office of Public Staff 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 Public Service Commission and Office of Public Staff Review Committee recommends 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 Public Service Commission and Office of Public Staff 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 Public Service Commission and Office of Public Staff 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 Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Office of Public Staff is associated, the employee annually must 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 has no authority to make inspections, audits, and 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;
(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 wherein 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) to monitor existing regulations, rate structures, and policies affecting public utilities which are of special interest to consumers and to report to and educate the public by reporting 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
(14) upon request, the executive director must employ the resources of the public staff to furnish to the commission, its members, or 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 as may be necessary to carry out the laws providing for their regulation.
(B) 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 Public Service Commission and Office of Public Staff 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 Public Service 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 of Revenue 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 administration into the state treasury as other taxes collected by the Department of Revenue for the State.
(C) The Office of Public Staff shall 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 it shall have been collected from the corporations liable therefor and, when collected, shall 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 required 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 requirement, 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 particulars in which information, reports, or answers to the questions or interrogations are not satisfactory, and the person or corporation has a reasonable time in which to comply with the requirements of the notice in the particulars mentioned in 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 required. 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 making the examination and inspection must be paid out of the funds of the public staff.
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 respecting 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 from time to time 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, this 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 Public Service Commission and Office of Public Staff 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 procedure promulgated by the Supreme Court under Article V of the Constitution."
SECTION 7. On or before January 1, 2003, the Code Commissioner must prepare and deliver to the Public Service Commission and Office of Public Staff Review Committee, all code references and other references and provisions in Title 58 of the 1976 Code 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 at the time this act is approved by the Governor 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 at the time this act is approved by the Governor 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.
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 Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 521 (Word version) -- Senators Knotts and Setzler: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
By prior motion of Senator KNOTTS
S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.
H. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
H. 3299 (Word version) -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Senators RAVENEL and MESCHER spoke on the Bill.
S. 305 (Word version) -- Senators Leatherman and Drummond: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
S. 425 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.
H. 3655 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3656 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3657 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (BBM\9547SL03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-25-115 of the 1976 Code, as added by Act 387 of 1990, is amended to read:
"Section 59-25-115. All persons applying for initial certification to become certified education personnel in this State shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual applying for initial certification. (A) A person enrolled in a teacher education program in South Carolina must be advised by the college or university that his prior criminal record could prevent certification as a teacher in this State in accordance with State Board of Education guidelines.
(B) Before beginning full-time clinical teaching experience in this State, a teacher education candidate shall undergo a state criminal records check by the South Carolina Law Enforcement Division and a national criminal records check supported by fingerprints by the Federal Bureau of Investigation. The cost associated with the FBI background checks are those of the applicant. Information reported relative to prior arrests or convictions will be reviewed by the State Department of Education, and the State Board of Education when warranted, according to board guidelines. A teacher education candidate with prior arrests or convictions of a serious nature that could affect his fitness to teach in the public schools of South Carolina may be denied the opportunity to complete the clinical teaching experience and qualify for initial teacher certification. An individual who is denied this opportunity as a result of prior arrests or convictions, after one year, may request reconsideration under guidelines established by the State Board of Education.
(C) A graduate of a teacher education program applying for initial teacher certification must have completed the FBI fingerprint process within eighteen months of formally applying for initial teacher certification or the fingerprint process must be repeated."
SECTION 2. This act takes effect on January 1, 2004, and applies to candidates seeking to complete the clinical teaching experience in the fall of 2004 and subsequent semesters. /
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0407.001), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 61-6-1640, as contained in SECTION 1, by striking /to serve minibottles/ and inserting therein / pursuant to Article 5 of this chapter /.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MOORE proposed the following amendment (478-MOORE), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 56-19-420(B) of the 1976 Code is amended to read:
"(B) Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:
(1) the first one million dollars must be allocated annually to the Department of Education and used to support adult education programs; and
(2) the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs."
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 510 (Word version) -- Senators Glover, Jackson, Ford, Anderson, Matthews and Pinckney: A CONCURRENT RESOLUTION TO ERECT A HISTORICAL MARKER IN LAKE CITY AS A MEMORIAL TO FRAZIER B. BAKER, POSTMASTER OF LAKE CITY IN 1898, WHO WAS A VICTIM OF A MOB LYNCHING, WHICH RESULTED IN THE UNTIMELY DEATH OF MR. BAKER AND HIS TWO-YEAR-OLD DAUGHTER, JULIA BAKER.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM ALBERT LANE TO TUGGLE LANE IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator GROOMS proposed the following amendment (469R001.LKG), which was adopted:
Amend the resolution, as and if amended, page 1, by striking lines 13-14 and inserting:
/ HIGHWAY 61 IN DORCHESTER COUNTY FROM WALTERBORO ROAD TO THE SOUTHERNMOST INTERSECTION OF OLD BEECH HILL ROAD AND HIGHWAY 61 IN MEMORY OF CLEMENT /
Amend the resolution further, as and if amended, page 2, by striking lines 21-22 and inserting:
/ Highway 61 in Dorchester County from Walterboro Road to the southernmost intersection of Old Beech Hill Road and Highway 61 after Clement Singleton, Sr. and install appropriate markers /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House.
H. 3618 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PERMANENTLY REPEAL THE DEATH TAX.
On motion of Senator LEVENTIS, the Concurrent Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 280 (Word version) -- Senators Leatherman, Land, Reese, Verdin, Ryberg, McGill and Kuhn: A BILL TO AMEND SECTION 6-29-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONCONFORMITIES IN LOCAL PLANNING AND ZONING, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY SHALL PAY CASH COMPENSATION TO THE OWNERS OF LAND, BUILDINGS, AND STRUCTURES THAT ARE SUBJECT TO THESE NONCONFORMITIES AND TO DEFINE THE TERM "STRUCTURE".
Senator MARTIN moved to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance.
Senator MARTIN moved to commit the Bill to the Committee on Judiciary.
There was no objection.
The Bill was committed to the Committee on Judiciary.
On motion of Senators ALEXANDER, ANDERSON, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned in memory of Mrs. Marjorie Estell Sineath Westbury of Folly Beach, S.C., beloved grandmother of Lieutenant Governor ANDRÉ BAUER.
Senator McCONNELL moved that, when the Senate adjourns on Friday, March 21, 2003, it stand adjourned to meet next Tuesday, April 1, 2003, at 12:00 Noon, which motion was adopted.
At 11:48 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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