Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the declaration of the prophet Isaiah, Chapter 40:29ff:

"The Lord... gives power to the faint, and strengthens the powerless.

Even youths will faint or grow weary, and the young will fall exhausted; but those who wait for the Lord shall renew their strength..."
Let us pray.

Father, we are tired! The House is weary! Our Governor is perplexed! Our world is divided! Our President and our nation are troubled! Help us not to add to the misery!

Help us to make a contribution by setting an example of good will, getting along together in spite of our differences, remembering the words recorded by St. John, (9:4):

"We must work the works of Him who sent me while it is day; night is coming when no one can work."
Amen!

At 12:01 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:01 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4026 (Word version) -- Reps. W.D. Smith, Delleney and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John W. Kittredge, the Honorable Mary E. Buchan and the Honorable John C. Hayes III had been screened and found qualified to serve.

On motion of Senator McCONNELL, with unanimous consent, the names of the Honorable Mary E. Buchan and the Honorable John C. Hayes III were withdrawn from consideration.

Senator McCONNELL placed the name of the Honorable John W. Kittredge in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John W. Kittredge had been elected to the position of Judge, Court of Appeals, Seat #3 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Third Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable W. Jeffrey Young had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable W. Jeffrey Young in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable W. Jeffrey Young had been elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #2 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:13 P.M., the Senate resumed.

At 12:14 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:08 P.M. and was called to order by the PRESIDENT.

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

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

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

3rd Congressional District

Stephen L. Davis, 106 Spruce Court, Greenwood, S.C. 29649 VICE Julius L. Leary (resigned)

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 15, 2001, and to expire May 15, 2008

2nd Congressional District

Clarence Davis, 1330 Lady Street, Suite 300, Columbia, S.C. 29201 VICE John R. Jordan (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large

W. Robert Harrell, 7449 Hendersonville Hwy., Yemassee, S.C. 29945 VICE Linda C. Kidd

Referred to the Committee on Medical Affairs.

Senator McCONNELL introduced Dr. Marc D. New of North Charleston, S.C., Doctor of the Day.

At 12:01 P.M., Senator DRUMMOND requested a leave of absence from 11:00 A.M.-5:00 P.M. on Thursday, May 29, 2003.

At 3:30 P.M., Senator JACKSON requested a leave of absence beginning at 5:00 P.M. today and lasting until 5:00 P.M. on June 5, 2003.

At 2:51 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 6:45 P.M.

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

H. 3255 (Word version) -- Rep. J.R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was read the second time, ordered placed on the Calendar for consideration tomorrow.

On motion of Senator MOORE, with unanimous consent, H. 3255 was ordered to receive a third reading on Thursday, May 29, 2003.

S. 169 (Word version) -- Senator Gregory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-04, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM.

Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

Senator GREGORY asked unanimous consent to give the Bill second and third readings on subsequent days.

Senator RANKIN objected.

H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the local delegation.

There was no objection.

The Bill was recalled from the delegation.

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

There was no objection.

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

Senator WALDREP asked unanimous consent to give the Bill second and third readings on subsequent days.

Senator RANKIN objected.

On motion of Senator WALDREP, with unanimous consent, the Bill was read the second time with notice of general amendments, and ordered placed on the third reading Calendar for consideration tomorrow.

H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

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

On motion of Senator WALDREP, with unanimous consent, the Bill was read the second time, with notice of general amendments, and ordered placed on the third reading Calendar for consideration tomorrow.

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee.

The following were introduced:

S. 722 (Word version) -- Senators Leatherman, Glover, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO CONGRATULATE THE FRANCIS MARION UNIVERSITY MEN'S GOLF TEAM ON WINNING THE 2003 NCAA DIVISION II MEN'S GOLF NATIONAL CHAMPIONSHIP TOURNAMENT HELD AT THE CROSSWATER GOLF CLUB IN SUNRIVER, OREGON.
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The Senate Resolution was adopted.

S. 723 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
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Read the first time and referred to the Committee on Transportation.

S. 724 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2783, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 725 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL "BLUE DEVILS" OF COLUMBIA AND THEIR COACH, DANIEL BROOKS, ON WINNING THE 2003 CLASS AAA GIRLS' TRACK STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
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The Senate Resolution was adopted.

S. 726 (Word version) -- Senators Drummond, McGill, Land, Leatherman and J. Verne Smith: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN E. "JACK" BALLING FOR HIS INVALUABLE LEADERSHIP AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH UPON THE OCCASION OF HIS RETIREMENT ON JUNE 5, 2003, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

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

On motion of Senator LAND, with unanimous consent, S. 727 was ordered to receive a second reading on the next legislative day.

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

Read the first time and, on motion of Senator PEELER, with unanimous consent, H. 3889 was ordered placed on the Calendar without reference.

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Read the first time and referred to the Committee on Medical Affairs.

H. 4018 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" AND "PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; AND TO ADD SECTIONS 42-1-330 AND 42-1-340 SO AS AUTHORIZE A PROFESSIONAL SPORTS TEAM PLAYER TO EXEMPT HIMSELF FROM THE WORKERS' COMPENSATION LAW UPON GIVING PROPER NOTICE AND TO PROVIDE FOR THE FORM AND THE MANNER IN WHICH THE NOTICE MUST BE GIVEN.

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

H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.

Read the first time and, on motion of Senator RICHARDSON, with unanimous consent, H. 4075 was ordered placed on the Calendar without reference.

H. 4250 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

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

H. 4269 (Word version) -- Reps. Cobb-Hunter, Ott and Rhoad: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Read the first time and, on motion of Senator HUTTO, with unanimous consent, H. 4269 was ordered placed on the Calendar without reference.

H. 4270 (Word version) -- Reps. Branham, McGee, Coates, M. Hines and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE FLORENCE COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, AND 5 OF FLORENCE COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

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

H. 4277 (Word version) -- Rep. Miller: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 4279 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION DESIGNATING THE SQUEALIN' ON THE SQUARE FESTIVAL IN THE CITY OF LAURENS AS "THE KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.

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

H. 4283 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE W. WYMAN KING ACADEMY KNIGHTS BASEBALL TEAM, OF BATESBURG IN SALUDA COUNTY, ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS FOR THEIR 2003 CLASS A STATE CHAMPIONSHIP WIN.

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

H. 4284 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. ROMANDO JAMES OF CLEMSON FOR BEING SELECTED AS A 2003 JEFFERSON AWARD RECIPIENT BY WYFF TELEVISION STATION IN GREENVILLE, TO COMMEND HIM FOR HIS OUTSTANDING COMMUNITY SERVICE AND INVOLVEMENT WITH YOUNG PEOPLE, AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4287 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILLCREST HIGH SCHOOL GIRLS SOFTBALL TEAM ON WINNING THE CLASS AAAA STATE CHAMPIONSHIP AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, AND STAFF LEADING TO THEIR STATE CHAMPIONSHIP.

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

H. 4295 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL VARSITY BOYS' SOCCER TEAM AND THE TEAM'S COACH, DAVID WILCOX, OF GREENVILLE, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS A BOYS' SOCCER STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 17, 2003.

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

H. 4296 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL SAT TEAM OF GREENVILLE FOR THEIR HARD WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED 2003 CLASS A STATE CHAMPIONS.

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

H. 4304 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE CHRIST CHURCH EPISCOPAL SCHOOL BOYS VARSITY GOLF TEAM AND THE TEAM'S COACH, R. J. BEACH, OF GREENVILLE, FOR THEIR DETERMINATION AND HARD WORK THROUGHOUT THEIR OUTSTANDING SEASON AND FOR WINNING THE 2003 CLASS A STATE GOLF CHAMPIONSHIP.

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

H. 4305 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE CHRIST CHURCH EPISCOPAL SCHOOL GIRLS' TENNIS TEAM AND HEAD COACH SALLY SHURTZ ON WINNING THE 2002 A-AA STATE CHAMPIONSHIP TITLE.

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

H. 4306 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS' TENNIS TEAM AND THE TEAM'S COACH, SALLY SHURTZ, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGH OUT THEIR SEASON AND ON CAPTURING THE 2003 CLASS AA-A BOYS' TENNIS STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 10, 2003.

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

H. 4307 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT WORK THAT LOCKSMITHS IN SOUTH CAROLINA PERFORM AND TO DECLARE THE FIRST MONDAY OF OCTOBER OF EACH YEAR AS "PROFESSIONAL LOCKSMITH'S DAY" TO BE PART OF THE CELEBRATION OF NATIONAL CRIME PREVENTION MONTH.

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

H. 4308 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS, MINISTERS, STAFF, AND FRIENDS OF THE FIRST BAPTIST CHURCH OF LANDRUM ON THE OCCASION OF THE CELEBRATION OF ITS TWO HUNDREDTH ANNIVERSARY THIS YEAR.

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

H. 4309 (Word version) -- Reps. Cooper, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF GENERAL ASSEMBLY TO R. GLENN HILLIARD ON THE OCCASION OF HIS RETIREMENT AS CHAIRMAN AND CEO OF ING AMERICAS, FOR HIS MANY ACCOMPLISHMENTS AND FOR HIS YEARS OF SERVICE TO THE GREAT STATE OF SOUTH CAROLINA, AND TO WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN FUTURE ENDEAVORS.

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

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 194 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.

Ordered for consideration tomorrow.

Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator ANDERSON a minority unfavorable report on:

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.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OVER OR OF A SEVERELY DISABLED PERSON WHO CANNOT OTHERWISE CARE FOR HIMSELF OR BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Judiciary submitted a majority favorable with amendment and Senator ANDERSON a minority unfavorable report on:

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

Ordered for consideration tomorrow.

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.

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

Senator MARTIN spoke on the report.

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

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

On motion of Senator MARTIN, the Report of the Committee of Free Conference to S. 555 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.

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

That the same do pass with the following amendments: (Reference is to Printer's Version [SEC 5/21/03 5:39 PM]--S.)

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

/   SECTION   1.   Section 14-7-1630 of the 1976 Code, as amended by Act 339 of 2002, is further amended to read:

"Section 14-7-1630.   (A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1) crimes involving narcotics, dangerous drugs, or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State;

(2) any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3) crimes involving the election laws including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4) crimes involving computer crimes, pursuant to Chapter 16, Title 16, or any conspiracy or solicitation to commit these crimes; and

(5) crimes involving terrorism, or any conspiracy or solicitation to commit these crimes. Terrorism includes activities that:

(a) involve acts dangerous to human life that are a violation of the criminal laws of this State;

(b) appear to be intended to:

(i) intimidate or coerce a civilian population;

(ii) influence the policy of a government by intimidation or coercion; or

(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c) occur primarily within the territorial jurisdiction of this State.; and

(6)   crimes involving any violation of Chapter 1, Title 35 of the Uniform Securities Act, or any crime related to securities fraud or a violation of the securities laws.

(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.

(C) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.

(D) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.

(E) The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.

(F) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."

SECTION   2.   Section 35-1-220 of the 1976 Code, as amended by Act 419 of 1998, is further amended to read:

"Section 35-1-220.   (A)   The Attorney General may retain the first one million five hundred thousand dollars from fee revenues collected pursuant to this chapter to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected pursuant to this chapter to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and may not be transferred to any other program or used for any other purpose.

(B)   The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under this chapter to offset investigative, prosecutive prosecutorial, and administrative costs of enforcing this chapter."

SECTION   3.   Section 35-1-430 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-430.   Every broker-dealer, and broker-dealer agent investment advisor registration, and every federally-covered advisor notice filing, expires at midnight on the last day of the calendar year in which it became effective unless renewed. Every investment adviser registration and federal covered adviser notice filing expires two years from its effective date unless renewed and, unless Unless renewed prior to expiration, every broker-dealer agent and investment adviser representative registration expires at the same time the registration or notice filing of the associated broker-dealer, investment adviser, or federal covered federally-covered adviser would expire if not renewed."

SECTION   4.   Section 35-1-480 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-480.   (A)   Every applicant for initial or renewal registration as a broker-dealer, broker-dealer agent, investment adviser, or investment adviser representative shall must pass one or more examinations, pay a registration fee, and meet other requirements as required by the securities commissioner.

(B)   Except with respect to federal covered federally-covered advisers whose only clients are those described in Section 35-1-420(1)(a), a federal covered federally-covered adviser shall must file with the commissioner, prior to acting as a federal covered federally-covered adviser in this State, such documents filed with the Securities and Exchange Commission or such other notice filing document, as the commissioner may by rule or otherwise require, together with such the notice fee and consent to service of process as the commissioner, by rule or otherwise, may require requires. The notice filing provisions under this subsection shall expire as provided in Section 35-1-430.

(C)   The following filing fees shall remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of this section unless and until the securities commissioner promulgates a rule or order establishing different fees:

(1)   broker-dealer: three hundred ten dollars;

(2)   agent: one hundred ten dollars;

(3)   investment adviser and federal covered federally-covered adviser: four two hundred ten dollars;

(4)   investment adviser representative: one hundred fifty-five dollars.

(D)   When an application is denied or withdrawn, the filing fee must not be refunded."

SECTION   5.   Section 35-1-1100 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-1100.   (a)   The securities commissioner, by rule or order, may require the filing of any or all of the following documents with respect to a federal covered federally-covered security under Section 18(b)(2) of the Securities Act of 1933:

(1)   Prior to the initial offer of such federal covered the federally-covered security in this State, all documents that are part of a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933 or a notice form adopted by the securities commissioner in lieu thereof, together with a consent to service of process signed by the issuer and a notice filing fee of five hundred forty-six dollars.

(2)   After the initial offer of such federal covered the federally-covered security in this State, all documents that are part of an amendment to a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933, or a notice form adopted by the securities commissioner in lieu thereof which shall must be filed concurrently with the securities commissioner.

(3)   All notice filings for federal covered federally-covered securities are effective upon receipt by the commission, unless another date is requested by the issuer. These filings are effective for twelve months. If securities are to be offered beyond this twelve-month period, the issuer must file an annual notice filing consisting of any documents that the securities commissioner, by rule or otherwise, may require requires and a fee of five hundred forty-six dollars. The renewal notice filing shall be is effective upon the expiration of the prior filing period.

(4)   Amendments to a notice filing are effective upon receipt by the securities commissioner. Termination of a notice filing is effective upon receipt by the securities commissioner of notice of the termination.

(b)   With respect to any security that is a federal covered federally-covered security under Section 18(b)(4)(D) of the Securities Act of 1933, the securities commissioner, by rule or order, may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than fifteen (15) days after the first sale of such federal covered the federally-covered security in this State, together with a fee of three hundred dollars.

(c)   The securities commissioner, by rule or order, may require the filing of any document filed with the United States Securities and Exchange Commission under the Securities Act of 1933 with respect to a federal covered federally-covered security under Section 18(b)(3) or (4) of the Securities Act of 1933, together with a filing fee of twenty-five dollars.

(d)   The securities commissioner may issue a stop order suspending the offer and sale of a federal covered federally-covered security, except a federal covered federally-covered security under Section 18(b)(1) of the Securities Act of 1933, if he finds that: (1) the order is in the public interest, and (2) there is a failure to comply with any condition established under this section.

(e)   The securities commissioner, by rule or order, may modify, change, or waive any or all of the provisions of this section."

SECTION   6.   Section 35-1-1530 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:

"Section 35-1-1530.   No person may sue under Sections Section 35-1-1490 and or 35-1-1500 more than three years after the contract of sale, except that in cases involving a violation of Section 35-1-1490(2), where the cause of action accrues on or after July 1, 2003, the limitations period is extended to three years after discovery of the untrue statement or omission or after the discovery should have been made by exercise of reasonable diligence. No person may sue under either section (a) if the buyer received:

(a)   a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within thirty days of its receipt; or

(b)   if the buyer received such an the offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within thirty days of its receipt."

SECTION   7.   The Office of the Attorney General is hereby authorized to collect the following security fees which shall remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of Section 35-1-480 unless and until the securities commissioner promulgates a rule or order establishing different fees:

(1)   Broker-dealer: three hundred ten dollars annually;

(2)   Broker-dealer agent: one hundred ten dollars annually;

(3)   Investment advisors and federal covered federally-covered advisors: two hundred ten dollars annually;

(4)   Investment advisor representatives: fifty-five dollars annually;

(5)   Federal covered Federally-covered securities (Mutual Funds): five hundred forty-six dollars annually.

The Office of the Attorney General is hereby authorized to collect, retain, expend, and carry forward one million five hundred thousand dollars from fee revenues collected pursuant to Section 35 to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected from security fees to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and must not be transferred to any other program or used for any other purpose.

SECTION   8.   This act takes effect upon approval of the Governor. /

Amend title to conform.

/s/Larry A. Martin                /s/James H. Harrison
/s/C. Bradley Hutto               /s/G. Murrell Smith, Jr.
/s/James H. Ritchie               /s/Creighton B. Coleman
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Harrison, Coleman and G. M. Smith to the Committee of Free Conference on the part of the House on:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Very respectfully,
Speaker of the House

Received as information.

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to S. 516 and asked for a Committee of Conference.

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

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cooper, Miller and Chellis to the Committee of Conference on the part of the House on:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Very respectfully,
Speaker of the House

Received as information.

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.

The House returned the Bill with amendments.

On motion of Senator GREGORY, 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. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE.

The House returned the Bill with amendments.

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

The House returned the Bill with amendments.

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

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W.D. Smith, Viers, Herbkersman, M.A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D.C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G.M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J.R. Smith, Rhoad, Anthony, Freeman, Scarborough, J.E. Smith, Loftis, Coates, Rivers, Ott, J.H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

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

There was no objection.

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

H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.

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

There was no objection.

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

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

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

There was no objection.

H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.

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

There was no objection.

The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.

H. 4220 (Word version) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: A BILL TO ALLOW THE GOVERNING BODY OF HORRY COUNTY BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE 30 OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.

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

There was no objection.

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:

H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG FIRE AND EMERGENCY SERVICES DISTRICT.

H. 4176 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.

On motion of Senator SHORT, H. 4176 was ordered to receive a third reading on Thursday, May 29, 2003.

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

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

There was no objection.

H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J.E. Smith, J.H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Owens, Perry, E.H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

On motion of Senator KNOTTS, with unanimous consent, the minority report was withdrawn.

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

The House returned the Bill with amendments.

Senator LEATHERMAN explained the amendments.

Senators McCONNELL, KUHN and FORD proposed the following Amendment No. 1 (SWB\5520CM03):

Amend the bill, as and if amended, in Section 11-41-30(2) as contained in Section 3C, page 6, by adding at the end of subitem (c) immediately after line 18:

/ (d)   'Project' also includes a four-year culinary arts program at Trident Technical College established pursuant to Section 59-53-425. Subject to the approval of the Department and notwithstanding the requirements provided in Section 11-41-30. This program is entitled to funding of no more than one hundred thousand dollars. /

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

/ SECTION   _____.   Article 5, Chapter 53, Title 59 of the 1976 Code is amended by adding:

"Section 59-53-425.   Notwithstanding any other provision of law, the governing commission of Trident Technical College may establish a four-year culinary curriculum program and award baccalaureate degrees in culinary arts for students graduating from this program. This program must be established pursuant to guidelines established by the State Board for Technical and Comprehensive Education in conjunction with the Commission on Higher Education. However, prior approval of either the State Board for Technical and Comprehensive Education or the Commission on Higher Education to establish this program is not required.

In Fiscal Year 2003-2004 funding for this program shall be provided by the State Board for Technical and Comprehensive Education from existing appropriations for instructional programs or from other sources as determined by the state board, only if any funds are available.

Beginning in Fiscal Year 2004-2005 and thereafter, formula funding for this program shall be provided by the State Board for Technical and Comprehensive Education from appropriations to be determined by the General Assembly in a manner consistent with funding for other similar third and fourth years of baccalaureate degrees." /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator SETZLER moved to carry over the Bill.

The Bill was carried over.

On motion of Senator FORD, the name of Senator FORD was added as a co-sponsor of S. 560.

At 3:01 P.M., Senator COURSON assumed the Chair.

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

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (TLMCIGTAX.28) proposed by Senators MOORE, DRUMMOND, LAND, J. VERNE SMITH, SHORT, LEVENTIS, HUTTO, ANDERSON, MARTIN, MALLOY, JACKSON, GLOVER and RICHARDSON and previously printed in the Journal of Tuesday, May 27, 2003.

Senator KNOTTS argued contra to the adoption of the amendment.

At 3:23 P.M., the PRESIDENT assumed the Chair.

Senator KNOTTS argued contra to the adoption of the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was a revenue-raising measure drawn to a Senate Bill and, as such, violated Article III, Section 15 of the South Carolina Constitution which provides that all revenue-raising measures should originate in the House.

Senator MOORE spoke on the Point of Order.

Senator MOORE made a Parliamentary Inquiry as to whether the Point of Order raised by Senator McCONNELL was to the amendment or to the Bill.

The PRESIDENT stated that the Point of Order was to the amendment.

Senator MOORE raised a Point of Order that the Point of Order raised by Senator McCONNELL was out of order inasmuch as it came too late as action had previously been taken on the amendment.

Senators McCONNELL and MOORE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT sustained the Point of Order raised by Senator McCONNELL.

Senator MOORE appealed the decision of the PRESIDENT to sustain the Point of Order raised by Senator McCONNELL.

At 4:15 P.M., Senator RITCHIE assumed the Chair.

The question then was, "Shall the ruling of the PRESIDENT be overridden?"

Senator MOORE spoke on the appeal.

Senator SETZLER made a Parliamentary Inquiry as to whether the appeal was to the decision of the PRESIDENT on the Point of Order raised by Senator McCONNELL or the decision of the PRESIDENT on the Point of Order raised by Senator MOORE.

The ACTING PRESIDENT stated that the question before the body was the appeal of the decision of the PRESIDENT to sustain the Point of Order raised by Senator McCONNELL.
  Senator MOORE continued speaking on the appeal.

Senator McCONNELL spoke on the appeal.

Senator MOORE asked unanimous consent to make a motion to take up H. 3598 for immediate consideration, with no Points of Order being raised on the question of germaneness.

Senator McCONNELL objected.

Senator McCONNELL continued speaking on the appeal.

Senator HUTTO spoke on the appeal.

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

Anderson                  Drummond                  Glover
Gregory                   Holland                   Hutto
Jackson                   Land                      Leventis
Malloy                    Matthews                  Moore
O'Dell                    Patterson                 Reese
Richardson                Short                     Smith, J. Verne

Alexander                 Branton                   Courson
Cromer                    Elliott                   Fair
Giese                     Grooms                    Hawkins
Hayes                     Knotts                    Kuhn
Leatherman                Martin                    McConnell
McGill                    Mescher                   Peeler
Rankin                    Ravenel                   Ritchie
Ryberg                    Thomas                    Verdin
Waldrep

The appeal was not overridden.

Amendment No. 1 was ruled out of order.

We voted to uphold the decision of the PRESIDENT because the decision of the PRESIDENT was correct. The PRESIDENT made his decision solely on the basis of whether or not a cigarette tax could be added to a Bill that did not originate in the House and thus violated Article III, Section 15. There were several Supreme Court cases on point and the correctness of the ruling was unquestionably legal. His decision was based on the law and not the merits of whether we should have a cigarette tax increase. We should never be in such a zeal to pass a measure that we are willing to violate the Constitution to do so. We all have taken an oath to uphold and defend the Constitution. That is a sacred trust between us and the people of the State. The Constitution should not be a convenient tool that allows us to do what we want. Instead, it is a safeguard put in place by our founding fathers to protect the people against the tyranny of government. The merits of the cigarette tax will be left to debate later, but no measure is important enough to trample the Constitution and for us to violate the oath of office. That is why we voted to sustain the ruling of the PRESIDENT.

At 5:27 P.M., the PRESIDENT assumed the Chair.

At 5:28 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.

At 5:33 P.M., the Senate resumed.

At 5:34 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes.

At 6:10 P.M., the Senate resumed.

At 6:10 P.M., Senator McCONNELL assumed the Chair.

With Senator KNOTTS retaining the floor on S. 28, Senator LEATHERMAN asked unanimous consent to make a motion to take up H. 3749, the General Appropriation Bill.

There was no objection.

At 6:12 P.M., the PRESIDENT assumed the Chair.

The House returned the Bill with amendments.

Senator LEATHERMAN spoke on the Bill.

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

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
asks for a Committee of Conference, and has appointed Reps. Harrell, Kirsh and Rice to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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

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

At 6:20 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed ten minutes.

At 6:37 P.M., the Senate resumed.

The Senate resumed consideration of S. 28 (Word version), Senator KNOTTS retaining the floor.

With Senator KNOTTS retaining the floor, on motion of Senator McCONNELL, with unanimous consent, any further amendments on the Bill were withdrawn.

With Senator KNOTTS retaining the floor, Senator McCONNELL moved to carry over the Bill.

S. 28 was carried over, with Senator KNOTTS retaining the floor.

Senator McCONNELL asked unanimous consent to make a motion to take up H. 3598 for immediate consideration.

There was no objection.

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

Senator McCONNELL moved to continue H. 3598.

At 6:38 P.M., the PRESIDENT assumed the Chair.

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

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Knotts                    Kuhn
Leatherman                Martin                    McConnell
McGill                    Mescher                   O'Dell
Peeler                    Rankin                    Ravenel
Richardson                Smith, J. Verne           Thomas
Verdin

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland *
Hutto                     Land                      Leventis
Malloy                    Matthews                  Moore
Patterson                 Pinckney *                Reese *
Ritchie                   Ryberg                    Short
Waldrep

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

H. 3598 was continued.

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

Senator MARTIN asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.

There was no objection and the Bill was placed in the status of Interrupted Debate.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 28, 2003, at 6:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R88, S. 10 (Word version)) -- Senators Ravenel, Mescher and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2004 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
L:\COUNCIL\ACTS\10SD03.DOC

(R89, S. 36 (Word version)) -- Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.
L:\COUNCIL\ACTS\36SL03.DOC

(R90, S. 107 (Word version)) -- Senators Hayes, Ritchie and Ravenel: AN ACT TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION, AND ONE MEMBER AT LARGE TO BE APPOINTED BY THE GOVERNOR.
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(R91, S. 204 (Word version)) -- Senators McConnell, Martin and Knotts: AN ACT TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION IN A MANNER THAT DOES NOT CONFLICT WITH OTHER PROVISIONS OF LAW AND IS CONSISTENT WITH THE DIVISION'S RULES OF PROCEDURE; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; BY ADDING SECTION 6-29-825 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; BY ADDING SECTION 6-29-915 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; BY ADDING SECTION 6-29-1155 SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND BY ADDING ARTICLE 9 TO CHAPTER 29, TITLE 6 SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.
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(R92, S. 228 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE; BY AMENDING SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS, SO AS TO AUTHORIZE A DEALER TO SELL ALCOHOLIC LIQUORS IN CONTAINERS OF ONE HUNDRED MILLITERS; BY ADDING SECTION 61-4-745 SO AS TO AUTHORIZE A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND IS A LEGAL RESIDENT OF THE STATE TO HAVE SHIPPED OR TRANSPORTED FROM A MANUFACTURER OF WINE UP TO TWENTY-FOUR BOTTLES OF WINE EACH MONTH FOR HIS OWN CONSUMPTION WITHOUT ACQUIRING PERMITS OR LICENSES; BY ADDING SECTION 61-4-747 SO AS TO AUTHORIZE A MANUFACTURER OF WINE WITHIN OR OUTSIDE THIS STATE THAT HOLDS A WINE PRODUCER AND BLENDERS BASIC PERMIT ISSUED IN ACCORDANCE WITHIN THE FEDERAL ALCOHOL ADMINISTRATION ACT TO SHIP TO A RESIDENT OF THIS STATE WHO IS AT LEAST TWENTY-ONE YEARS OF AGE UP TO TWENTY-FOUR BOTTLES OF WINE FOR HIS PERSONAL USE AND TO PROVIDE THE CONDITION UNDER WHICH THIS SHIPMENT MUST BE MADE; BY AMENDING SECTION 12-21-1610, RELATING TO THE PROHIBITION AGAINST SHIPPING BEER AND WINE INTO THIS STATE EXCEPT TO A LICENSED BEER AND WINE WHOLESALE DISTRIBUTOR, SO AS TO DELETE THE PROVISIONS WHICH PERMITTED AN INDIVIDUAL TO IMPORT BEER AND WINE INTO THIS STATE FOR PERSONAL USE AND CONSUMPTION; AND TO AMEND SECTION 61-2-80, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO REGULATE THE OPERATION OF RETAIL LOCATIONS AUTHORIZED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT THE DEPARTMENT OCCUPIES THE ENTIRE FIELD OF BEER, WINE, AND LIQUOR REGULATION EXCEPT AS IT RELATES TO HOURS OF OPERATION MORE RESTRICTIVE THAN THOSE SET FORTH IN TITLE 61.
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(R93, S. 334 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS 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.
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(R94, S. 425 (Word version)) -- Senators Setzler and Knotts: AN ACT 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.
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(R95, S. 438 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE "SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT", TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, THE DIRECTOR OF THE CONSUMER FINANCE DIVISION, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO PROVIDE FOR DISCLOSURE OF THE AMOUNT THE LENDER EARNS FROM THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A LENDER; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME, TO INCREASE THE PENALTY AMOUNT, AND TO PROHIBIT CLASS ACTIONS; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT, IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-3-103, RELATING TO DEFINITIONS FOR PURPOSES OF CONSUMER PROTECTION, BY DEFINING "SHORT-TERM VEHICLE SECURED LOAN"; TO ADD SECTION 37-3-413 SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A CONSUMER LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN TWO HUNDRED FORTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS; TO ADD SECTION 40-58-78 SO AS TO PRESCRIBE AND PROHIBIT CERTAIN ACTS BY A MORTGAGE BROKER OR ORIGINATOR; AND TO ADD SECTION 34-1-140 SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REGULATE LENDING AND FINANCIAL ACTIVITIES OF CERTAIN ENTITIES.
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(R96, S. 550 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.
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(R97, S. 591 (Word version)) -- Senators McConnell and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO ADOPT THE UNITED STATES CENSUS OF 2000; TO REPEAL SECTIONS 1-1-730 AND 2-1-65, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS OF 1990 AND THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE SENATE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE HOUSE OF REPRESENTATIVES ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING IN THE 2004 GENERAL ELECTION; TO REPEAL SECTION 2-1-25 RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO DESIGNATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE OF REPRESENTATIVES REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED BEFORE THE 2004 GENERAL ELECTION BE FROM THE HOUSE OF REPRESENTATIVES DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO PROVIDE THAT IF ANY PART OF SECTION 2-1-45 IS DETERMINED TO BE NULL AND VOID EITHER BY A FAILURE TO RECEIVE PRECLEARANCE FROM THE DEPARTMENT OF JUSTICE OR BY ANY COURT OF COMPETENT JURISDICTION, SECTION 2-1-45 IS REPEALED, ALL PROVISIONS OF SECTION 2-1-45 BEING DECLARED TO BE NONSEVERABLE FROM THE OTHER.
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(R98, S. 626 (Word version)) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.
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(R99, S. 657 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R100, S. 678 (Word version)) -- Senator Richardson: AN ACT TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.
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(R101, H. 3436 (Word version)) -- Reps. Young, Chellis, Bailey and Harrell: AN ACT TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
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(R102, H. 3630 (Word version)) -- Reps. McLeod and Duncan: AN ACT TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
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(R103, H. 3631 (Word version)) -- Reps. McLeod and Duncan: AN ACT TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.
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(R104, H. 3673 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.
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(R105, H. 3945 (Word version)) -- Rep. G. Brown: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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(R106, H. 3990 (Word version)) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: AN ACT TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE "SALTWATER FISHING" SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.
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(R107, H. 4007 (Word version)) -- Rep. Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND "ORAL PROPHYLAXIS"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION IN A PRIVATE OFFICE SETTING; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.
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(R108, H. 4091 (Word version)) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R109, H. 4092 (Word version)) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.
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(R110, H. 4118 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004; EIGHT OF WHICH MUST BE USED FOR SCHOOL OPERATIONS AND THREE FOR DEBT SERVICE.
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(R111, H. 4149 (Word version)) -- Rep. Anthony: AN ACT TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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(R112, S. 555 (Word version)) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: AN ACT TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO RETENTION OF FEE REVENUES GENERATED BY THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY RETAIN THE FIRST ONE MILLION FIVE HUNDRED THOUSAND DOLLARS OF FEES COLLECTED AND TO PROVIDE, FURTHER, FOR THE TRANSFER OF THE NEXT TWO HUNDRED THOUSAND DOLLARS TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION FOR THE STATE GRAND JURY; TO AMEND SECTION 35-1-430, AS AMENDED, RELATING TO REGISTRATIONS PURSUANT TO THE UNIFORM SECURITIES ACT, SO AS TO INCLUDE INVESTMENT ADVISERS AND FEDERALLY-COVERED ADVISERS; TO AMEND SECTION 35-1-480, AS AMENDED, RELATING TO FEES, SO AS TO MODIFY THE AMOUNTS OF THE FILING FEES BY CATEGORY; TO AMEND SECTION 35-1-1100, AS AMENDED, RELATING TO FILINGS FOR FEDERALLY-COVERED SECURITIES, SO AS TO INCREASE THE FEE BY FORTY-SIX DOLLARS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS PURSUANT TO SECTION 35-1-1490(2) IN WHICH THE CAUSE OF ACTION ACCRUES ON OR AFTER JULY 1, 2003, THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE; AND TO AUTHORIZE THE ATTORNEY GENERAL TO COLLECT AND TRANSFER FUNDS TO THE STATE GRAND JURY AS PROVIDED UNTIL DIFFERENT FEES ARE ESTABLISHED BY RULE OR ORDER.
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On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned in memory of Mr. Ronald Lawrimore of Hemingway, S.C.

At 6:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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