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 Pro Tempore.

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

Beloved, hear words of St. Paul to the Corinthians, Chapter 9:7-8:

"Each of you must give as you have made up your mind, not reluctantly or under compulsion, for God loves a cheerful giver."
Let us pray.

Father, You love us more than we love You. You and our people have entrusted us with positions, and power, to make far-reaching decisions, including the distribution of billions of dollars of our people's money.

Help us, now, to pursue our unfinished tasks with vigor and determination... and a kindly charity. We have it in our hearts to help each other carry each other's burdens.

Lest we falter now, O Lord, grant us a fresh gift of physical stamina, mental acumen, and spiritual perception that together, we may finish, with merit, the necessary business of this session.

In the Holy Name we pray!
Amen!

TO:       The Clerk of the Senate

The Clerk of the House
FROM:   Glenn F. McConnell, Chairman
DATE:     May 30, 2003

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

Respectfully submitted,

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

Date Draft Report Issued:           Friday, May 30, 2003
Date and Time Final Report Issued:   12:00 Noon on Tuesday, June 3, 2003

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

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

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

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

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

(1)   survey of the bench and bar;

(2)   SLED and FBI investigation;

(3)   credit investigation;

(4)   grievance investigation;

(5)   study of application materials;

(6)   verification of ethics compliance;

(7)   search of newspaper articles;

(8)   conflict of interest investigation;

(9)   court schedule study;

(10)   study of appellate record;

(11)   court observation; and

(12)   investigation of complaints.

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

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

Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues were no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the canons, etc., is his completed and sworn questionnaire.

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

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

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

Commission's Findings:     QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:

Based on the Commission's investigation, Mr. Barnette meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Barnette was born on June 20, 1963. He is 39 years old and a resident of Spartanburg, South Carolina. Mr. Barnette provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Barnette.
Mr. Barnette demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Barnette reported that he has not made any campaign expenditures.
Mr. Barnette testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Barnette testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Mr. Barnette to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Barnette described his continuing legal or judicial education during the past five years as follows:
"Classes involving criminal law issues; classes involving evidence law and civil procedure issues; Magistrate Judge classes involving all types of legal issues.
(a)   2002/05/08   DUI Trial Advocacy;
(b)   2002/03/18   Orientation School for

Magistrates;
(c)   2002/09/29   S.C. Solicitors Conference;
(d)   2001/03/26   Orientation School for

Magistrates;
(e)   2001/08/24   Felony DUI and Accident;
(f)   2001/09/30   S.C. Solicitors Conference;
(g)   2000/07/17   Orientation School for

Magistrates;
(h)   2000/04/19   Identifying Legal Issues;
(i)   2000/08/03   Scientific Evidence & Expert

Testimony;
(j)   2000/04/03   Orientation School for

Magistrates;
(k)   2000/08/31   DUI 101 for the Prosecutor;
(l)   1999/02/19   Update on the Law;
(m)   1999/07/19   Orientation School for

Magistrates;
(n)   1999/11/12   Magistrates Mandatory

School;
(o)   1998/06/20   Family Law; Ethics;
(p)   1998/06/19   Consumer Law/Construction

Law;
(q)   1998/07/20   Orientation School for

Magistrates;
(r)   1998/09/27   S.C. Solicitors Conference;
(s)   1998/11/06   Magistrates Mandatory

School."
Mr. Barnette reported that he has taught the following law-related courses:
"(a)   Co-teacher of the Evidence class of the Magistrate Orientation for new Magistrates from 1997 to 2002 for South Carolina Court Administration;
(b)   Criminal law matters for the South Carolina Commission on Prosecution Coordination since 1995."
Mr. Barnette reported that he has not published any books and/or articles.
(4)   Character:

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

The Commission also noted that Mr. Barnette was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Mr. Barnette reported that his Martindale-Hubbell rating was "AV."
(6)   Physical Health:
Mr. Barnette appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Barnette appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Barnette was admitted to the South Carolina Bar in 1989. He provided the following account of his legal experience since graduation from law school:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k)   State v. Ricky Dennis Gentry, Indictment Nos. 01-GS-42-1298, 01-GS-42-1299, 02-GS-42-4273, 02-GS-42-4274, 02-GS-42-4293,   and 02-GS-42-4294. Jury trial. Mr. Gentry was found guilty of Accessory Before the Fact of Armed Robbery and Accessory Before the Fact of Assault and Battery with Intent to Kill and not guilty of Murder, Assault and Battery with Intent to Kill, Armed Robbery, and Accessory Before the Fact of Murder. Mr. Gentry received a 30-year sentence for the Accessory Before the Fact of Armed Robbery and a 20-year sentence for the Accessory Before the Fact of ABWITK from the Honorable J. Derham Cole on September 13, 2002.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. Barnette reported regarding civil court matters he has handled: "I was a Spartanburg County Magistrate Court Judge from July 1996 to January 2001. I was in charge of the Civil Division for four years from July 1996 to July 2000. I handled the non-jury civil cases for the Spartanburg Magistrate Court as well as the eviction actions, claim and delivery actions, and default hearings. I also handled jury trials involving civil actions, as well as criminal cases assigned by the Chief Magistrate. I also issued arrest warrants, search warrants, held preliminary hearings, and held bond hearings on a limited basis."
Mr. Barnette reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   None;
(b)   State:     Daily."
Mr. Barnette reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

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

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

(c)   Domestic:   None."
Mr. Barnette reported the percentage of his practice in trial court during the last five years as follows:

"(a)   Jury:   30%;

(b)   Non-jury:   70%."
Mr. Barnette provided that he most often served as chief counsel.

The following is Mr. Barnette's account of his five most significant litigated matters:
"(a)   State v. Alonzo Mack, General Sessions Indictment No. 95-GS-42-2742. Mr. Mack was convicted of Murder and Possession of a Firearm during the Commission of a Violent Crime by a jury. The defendant was sentenced by the Honorable Paul Burch to a Life Sentence on the murder conviction and five years on the Possession of a Firearm conviction on May 30, 1996. Mr. Mack had murdered Darren Wayne Thomas in the front of his apartment witnessed by his 3-year-old daughter. Mr. Mack was not eligible for parole because of a previous conviction for trafficking cocaine.
(b)   State v. Letha L. Goode, General Sessions Indictment No. 94-GS-42-1613. Mrs. Goode was charged with Murder and was convicted of Voluntary Manslaughter by a jury for killing her husband, Robert Lee Goode, on Valentine's Day 1994. Mrs. Goode was sentenced by the Honorable Sidney Floyd to 18 years on March 28, 1995. The issue of spousal abuse was used as a possible self-defense during the trial and it was a fairly new defense at the time of this trial.
(c)   State v. Leonard Lee Foster, General Sessions Indictment No. 02-GS-11-142. Mr. Foster was convicted of Felony DUI (Death) and Reckless Homicide by a jury for death of Cody Keeler (6 years old). Several legal issues were contested in this case such as: the use of more than one proximate cause, the use of a suspended license of Mr. Foster as one of the elements of violating a law under the Felony DUI statue, and the use of Habitual Traffic Offender status of Mr. Foster as one of the elements of violating a law under the Felony DUI statue. Mr. Foster received a 35-year sentence from the Honorable Gary E. Clary on March 20, 2002.
(d)   State v. Michael McCravy, General Sessions Indictment No. 90-GS-42-4110. Mr. McCravy was charged with Murder and was convicted of Voluntary Manslaughter by a jury. He was also involved with the murder of two other possible individuals in the State of New York and with another person in the State of South Carolina. He had no criminal record prior to his conviction in this trial. He received a sentence of 20 years from the Honorable James Lockemy on September 3, 1992.
(e)   State v. Anthony Michael Owens, General Sessions Indictment Nos. 01-GS-42-902 thru 01-GS-42-909.   Jury trial. Defendant was found guilty of three counts of Kidnapping, one count of Assault and Battery with Intent to Kill, and three counts of Assault with Intent to Kill and received a life sentence from the Honorable J. Derham Cole on November 15, 2001.   The defendant was one of the most dangerous individuals prosecuted in South Carolina and Georgia at that time. He had also been charged with Murder, two counts of Kidnapping, and Armed Robbery in the State of Georgia. He had also been charged with Kidnapping and Criminal Sexual Conduct in the 1st Degree in Orangeburg and Lexington counties, as well as Kidnapping and Armed Robbery in Laurens County."

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

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

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

Mr. Barnette provided the following list of significant orders:

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

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

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

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

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

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

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

The Upstate Citizens Advisory Committee reported: "Mr. Barnette was found to be a most competent lawyer. His qualifications greatly exceed the expectations set forth in the evaluative criteria."
Mr. Barnette is married to Tina Mae Barnette. He has two children: Benjamin Joseph Barnette, age 10; and Kelsey Morgan Barnette, age 8.
Mr. Barnette reported that he was a member of the following bar associations and professional associations:

"(a)   South Carolina Bar;

(b)   West Virginia Bar;

(c)   South Carolina Summary Judges Association."
Mr. Barnette provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

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

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

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

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

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

Commission's Findings:       QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:

Based on the Commission's investigation, Judge Couch meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Couch was born on February 1, 1950. He is 53 years old and a resident of Spartanburg, South Carolina. Judge Couch provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1975.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Couch.
Judge Couch demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Couch reported that he has not made any campaign expenditures for anything other than those for travel and room and board.
Judge Couch testified he has not:

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

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

(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Couch testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Judge Couch to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Couch described his continuing legal or judicial education during the past five years as follows:
"I have maintained my required continuing legal education as required with an emphasis on seminars which would assist me in my work as a Master-in-Equity.

(a)   03/26/99   Mechanic's Liens;

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

(c)   10/08/99   Non-Jury Practice;

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

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

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

(g)   01/05/01   Statewide Meeting;

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

(i)     02/15/02   Master-in-Equity;

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

(k)   10/11/02   Master-in-Equity Bench/Bar."
Judge Couch reported that he has taught the following law-related courses:

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

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

(c)   I have been asked to speak at the Bar's Master-in-Equity Bench and Bar Conference this fall."
Judge Couch reported regarding articles he has published:

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

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

The Commission also noted that Judge Couch was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Couch reported that his last available Martindale-Hubbell rating was "BV."

Judge Couch further provided regarding elected positions he has held:

"From March 1997 until June 1997, I served as an elected school board member in Spartanburg County School District 6."
(6)   Physical Health:
Judge Couch appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Couch appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Couch was admitted to the South Carolina Bar in 1975. He gave the following account of his legal experience since graduation from law school:

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

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

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

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

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

Judge Couch reported the following judicial offices he has held:

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

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

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

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

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

The Upstate Citizens Advisory Committee reported: "Judge Couch was found to be a most competent and excellent jurist. His qualifications greatly exceed the expectations set forth in the evaluative criteria."
Judge Couch is married to Joy Elaine Ayers. He has two children. William Ramsey Couch, age 22; and Robert Ashmore Couch, age 22. He also has one step-child, James Dyar Jennings, age 23.
Judge Couch reported that he was a member of the following bar associations and professional associations:

"(a)   Spartanburg County Bar Association;

(b)   South Carolina Bar Association."
Judge Couch provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

"(a)   Downtown Spartanburg Rotary Club."

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

Commission's Findings:       QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:

Based on the Commission's investigation, Mr. Winter meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Winter was born on October 28, 1944.   He is 58 years old and a resident of Gaffney, South Carolina. Mr. Winter provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1970.
(2)   Ethical Fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Winter.
Mr. Winter demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Winter reported that he has not made any campaign expenditures.
Mr. Winter testified he has not:

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

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

(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Winter testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:

The Commission found Mr. Winter to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Winter described his continuing legal or judicial education during the past five years as follows:

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

(a)   05/13/98   Elder Law in S.C.;

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

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

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

(e)   10/20/00   DUI;

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

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

Ethical Violation;

(h)   11/8/01   Software Solutions;

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

(j)     12/15/01   Course 01-49;

(k)   12/21/01   Course 01-26;

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

Carolina;

(m)   12/20/02   20/20: An Optimal View of 2002."
Mr. Winter reported that he has taught the following law-related course:

"As a member of the Judge Advocate General's Corps, United States Army, I instructed senior students at the Citadel during my annual active duty. The topic was the Uniform Code of Military Justice."
Mr. Winter reported that he has not published any books and/or articles.
(4)   Character:

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

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

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

Mr. Winter further reported that he has never held public office.
(6)   Physical Health:
Mr. Winter appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Winter appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Winter was admitted to the South Carolina Bar in 1970. He gave the following account of his legal experience since graduation from law school:

"1969 - 1973   Active duty with United States Army Judge Advocate General's Corps. Served as trial counsel and defense counsel in Court Marital with extensive experience. Performed services in military legal assistance office.

1973 - 1990   Performed as a partner in the law firm of Hall, Daniel, Winter & Clary. I engaged in the general practice of law including family law, general litigation, real estate, criminal law, workers' compensation, and business law. I had a part-time job as Assistant Solicitor in the Seventh Judicial Circuit for approximately ten years.

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

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

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

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

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

In September 1999, I represented a Defendant (State v. Atlas Brown) in a trafficking drugs 400 grams or more case. The Defendant was not convicted as the State was unable to establish my client's link to the crime. Several other Defendants were convicted and received the mandatory sentence.

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

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

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

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

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

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

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

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

(b)   State:     In the past five years I have appeared on a very frequent basis in the Circuit Court, Family Court, Probate Court, and Magistrate Court."
Mr. Winter reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

"(a)   Civil:   25%;

(b)   Criminal:   25%;

(c)   Domestic:   25%."
Mr. Winter reported the percentage of his practice in trial court during the last five years as follows:

"(a)   Jury:   50%;

(b)   Non-jury:   50%."
Mr. Winter provided that he most often served as "sole counsel except in the death penalty case herein referenced."

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

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

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

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

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

(e)   I recently represented a Plaintiff in a jury trial in Magistrate Court. It involved a 'fender bender' according to the defense. The highest offer of settlement was $100.00. It was Defendant's position that there was no injury since there was no physical evidence of severe impact. The matter was tried before a Magistrate Court jury. The jury returned a verdict for my client in the amount of $5,000.00. (Civil Case 02-CV-1131, Cherokee County Magistrate Court)."

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

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

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

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

The Upstate Citizens Advisory Committee reported: "Mr. Winter consistently exhibits the temperament, professional courtesy, integrity, and character necessary to hold a circuit judgeship. He is qualified by his experience, intellect, and character to be a circuit judge."
Mr. Winter is married to Carla Cooper Winter. He has two children: Elizabeth R. Winter, age 31; and Ann L. Winter, age 28.
Mr. Winter reported that he was a member of the following bar associations and professional associations:

"(a)   American Bar Association;

(b)   South Carolina Bar Association;

(c)   Virginia Bar Association;

(d)   Cherokee County Bar Association."
Mr. Winter provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

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

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

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

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

The following candidates were found qualified and nominated:

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

Respectfully submitted,

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

On motion of Senator McCONNELL, ordered printed in the Journal.

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

At 11:08 A.M., the PRESIDENT assumed the Chair.

At 11:08 A.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed fifteen minutes.

At 11:28 A.M., the Senate resumed.

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.

Senator GIESE asked unanimous consent to make a motion to recall the Bill from the Committee on Education and place the Bill on the Calendar for consideration tomorrow.

There was no objection.

H. 3701 (Word version) -- Reps. Hinson, Merrill, Lloyd, Dantzler, Frye, Gourdine, Koon, Neilson, Parks, M.A. Pitts, Toole, Altman, Umphlett and Walker: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.

Senator GIESE asked unanimous consent to make a motion to recall the Bill from the Committee on Education and place the Bill on the Calendar for consideration tomorrow.

There was no objection.

H. 3831 (Word version) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation and place the Bill on the Calendar for consideration tomorrow.

There was no objection.

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J.H. Neal, Quinn, Rutherford and J.E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 INTERCHANGE IN THE KILLIAN COMMUNITY OF RICHLAND COUNTY IN HONOR OF THE LATE W. D. "SON" GRIMSLEY, A DISTINGUISHED COMMUNITY LEADER AND PUBLIC SERVANT, AND TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. GRIMSLEY'S CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation and place the Resolution on the Calendar for consideration tomorrow.

There was no objection.

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.

Senator RYBERG asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation and place the Resolution on the Calendar for consideration tomorrow.

There was no objection.

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary and place the Bill on the Calendar for consideration tomorrow.

There was no objection.

H. 4280 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN HORRY 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.

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

There was no objection.

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

There was no objection.

On motion of Senator ELLIOTT, with unanimous consent, the Bill was given a second reading.

On motion of Senator ELLIOTT, with unanimous consent, H. 4280 was ordered to receive a third reading on Wednesday, June 4, 2003.

H. 4285 (Word version) -- Reps. Battle and M. 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 SCHOOL DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD 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 GLOVER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator GLOVER, with unanimous consent, the Bill was given a second reading and placed on the third reading Calendar.

On motion of Senator GLOVER, with unanimous consent, H. 4285 was ordered to receive a third reading on Wednesday, June 4, 2003.

H. 3470 (Word version) -- Rep. Frye: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE 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 CROMER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator CROMER, with unanimous consent, the Bill was given a second reading and placed on the third reading Calendar.

On motion of Senator CROMER, with unanimous consent, H. 3470 was ordered to receive a third reading on Wednesday, June 4, 2003.

H. 3254 (Word version) -- Reps. G.M. Smith, Weeks and Coates: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL 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.

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

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was given a second reading and placed on the third reading Calendar.

On motion of Senator LEVENTIS, with unanimous consent, H. 3254 was ordered to receive a third reading on Wednesday, June 4, 2003.

H. 3802 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ALONG COUNTRY CLUB DRIVE IN THE COUNTY OF DILLON FOR THE HONORABLE WILLIAM BLEDSOE HAWKINS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "WILLIAM BLEDSOE HAWKINS BRIDGE".

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

There was no objection.

On motion of Senator GLOVER, with unanimous consent, the Resolution was adopted and ordered returned to the House.

The following were introduced:

S. 736 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE PALMETTO BOOK ALLIANCE FOR ITS OUTSTANDING EFFORT IN CREATING THE SOUTH CAROLINA LITERARY TOUR.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 737 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR THE DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION AND THE CONVERSION OF A DOMESTIC BUSINESS CORPORATION TO A DOMESTIC NONPROFIT CORPORATION, A FOREIGN NONPROFIT CORPORATION TO A DOMESTIC BUSINESS CORPORATION, AND A DOMESTIC BUSINESS CORPORATION TO A DOMESTIC UNINCORPORATED ENTITY, AND TO PROVIDE FOR IN EACH DOMESTICATION, CONVERSION, OR BOTH, FOR A PLAN, REQUIREMENTS FOR ACTION ON THE PLAN, ARTICLES, SURRENDER OF PREVIOUS CHARTER, EFFECT OF THE CHANGE, AND ABANDONMENT OF THE PLAN; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES COLLECTED BY THE SECRETARY OF STATE FOR DOCUMENTS IN CONNECTION WITH BUSINESS AND NONPROFIT CORPORATIONS AND UNINCORPORATED ENTITIES, SO AS TO INCLUDE FEES FOR THE FILING OF DOCUMENTS REQUIRED IN CONNECTION WITH DOMESTICATION AND CONVERSION; AND TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO INCLUDE DEFINITIONS IN CONNECTION WITH DOMESTICATION AND CONVERSION.
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Read the first time and referred to the Committee on Judiciary.

S. 738 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 739 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 32, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION, SO AS TO, AMONG OTHER THINGS, REVISE PROGRAM GUIDELINES.
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Senator FAIR spoke on the Bill.

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

S. 740 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.
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Read the first time and referred to the Committee on Judiciary.

S. 741 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO RESIDENTIAL CARE FACILITY ADMINISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2829, 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. 742 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, 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. 743 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO BUSINESS ENTERPRISE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2832, 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. 744 (Word version) -- Senators Kuhn, McConnell, Malloy, Ryberg, Land, Fair, Peeler, Mescher, Branton, Drummond, Hayes, Grooms, Alexander, Knotts, Hawkins, J. Verne Smith, Waldrep, Leatherman, Cromer, O'Dell, Courson, Setzler, Moore, Matthews, Hutto, Martin, Ravenel and Ritchie: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROVIDE THAT ALL FUNDING OF THE MEDICAID PROGRAM SHALL BE PROVIDED BY THE FEDERAL GOVERNMENT, AND TO ELIMINATE THE REQUIREMENT THAT THE STATES PROVIDE MATCHING FUNDS IN ORDER TO RECEIVE CERTAIN TYPES OF FEDERAL FUNDS TO BE USED FOR MEDICAID PURPOSES.
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On motion of Senator KUHN, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

S. 745 (Word version) -- Senator Martin: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO THE D. W. DANIEL HIGH SCHOOL BOYS' SOCCER TEAM AND THE TEAM'S COACH, TOMMY BOLGER, OF CENTRAL, SOUTH CAROLINA IN PICKENS COUNTY ON THEIR OUTSTANDING PERFORMANCE, DEDICATION, AND DETERMINATION THROUGHOUT THEIR INCREDIBLE SEASON AND ON CAPTURING THE 2003 CLASS AAA BOYS' SOCCER STATE CHAMPIONSHIP TITLE ON SATURDAY, MAY 17, 2003.
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The Senate Resolution was adopted.

H. 3465 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Duncan, Taylor and Anthony: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS NO. 50 AND 52 IN GREENWOOD COUNTY, SCHOOL DISTRICT NO. 51 IN GREENWOOD AND LAURENS COUNTIES, AND SCHOOL DISTRICTS NO. 55 AND 56 IN LAURENS COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICTS 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 VERDIN, with unanimous consent, H.3465 was ordered placed on the Calendar without reference.

On motion of Senator VERDIN, with unanimous consent, H.3465 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3515 (Word version) -- Rep. Anthony: 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 UNION 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. 3523 (Word version) -- Rep. Whitmire: 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 OCONEE 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. 4166 (Word version) -- Reps. Harrell, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-10-110 SO AS TO AUTHORIZE A CORPORATION, BY AMENDMENT OF ITS ARTICLES OF INCORPORATION, TO CONVERT TO A NONPROFIT PUBLIC BENEFIT CORPORATION OR A NONPROFIT MUTUAL BENEFIT CORPORATION, TO PROVIDE FOR THE EFFECTIVE DATE OF THE CONVERSION, THE REQUIREMENTS FOR THE AMENDMENTS TO THE ARTICLES, AND THE VOTING REQUIREMENT FOR ANY SHAREHOLDERS; AND TO AMEND SECTION 33-31-401, RELATING TO THE NAME OF A NONPROFIT CORPORATION, SO AS TO PROVIDE THAT A CORPORATION THAT CONVERTS TO NONPROFIT MAY CONTINUE TO USE ITS ORIGINAL NAME.

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

H. 4317 (Word version) -- Rep. Jennings: 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 MARLBORO COUNTY MUST BE SET BY THE MARLBORO COUNTY BOARD OF EDUCATION 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. 4338 (Word version) -- Reps. Cobb-Hunter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION JOINING THE MANY FANS AND FRIENDS OF SKIPP PEARSON OF RICHLAND COUNTY IN CONGRATULATING HIM ON HIS SELECTION AS WINNER OF THE 2003 ELIZABETH O'NEILL VERNER AWARD IN RECOGNITION OF HIS CONSUMMATE SKILL IN PLAYING THE JAZZ SAXOPHONE AND SHARING HIS MASTERY WITH OTHERS.

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

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

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

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

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

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

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

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

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

H. 4344 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INDIVIDUALS WHO MAINTAINED THE NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, OVER THE PAST YEARS AND WHO WERE ESSENTIAL IN ENSURING THE SUCCESSFUL TRANSFER OF THE ARMORY TO THE CITY OF ST. GEORGE.

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

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

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 450 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO PROVIDE THAT A REQUIREMENT TO OBTAIN PRIOR AUTHORIZATION OR PLACING OTHER RESTRICTIONS ON PRESCRIPTIONS FOR MEDICATIONS USED TO TREAT MENTAL ILLNESSES MAY NOT BE IMPOSED ON MEDICAID RECIPIENTS.

Ordered for consideration tomorrow.

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

H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E.H. Pitts, Mahaffey, Cobb-Hunter, McCraw, J.H. Neal, Perry, Mack, Quinn, Howard, Rhoad, Rutherford, Rice, Lourie, Sandifer, Neilson, Skelton, Miller, D.C. Smith, Bowers, J.E. Smith, Ott, J.R. Smith, Owens, W.D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH OVERSIGHT COUNCIL, DEFINE CERTAIN TERMS, PROVIDE FOR THE MEMBERSHIP OF THE COUNCIL, SET FORTH THE COUNCIL'S MISSION, GOALS, POWERS, DUTIES, AND RESPONSIBILITIES, PROVIDE FOR THE COUNCIL'S COLLECTION OF DATA AND THE MEASURE OF PERFORMANCE FOR RESEARCH UNIVERSITIES, PROVIDE FOR THE PREPARATION OF A BUDGET FOR RESEARCH UNIVERSITIES, SET FORTH THE RESPONSIBILITY OF THE RESEARCH OVERSIGHT COUNCIL TO MAKE RECOMMENDATIONS REGARDING RESEARCH UNIVERSITIES, PROVIDE FUNDING FOR THE COUNCIL, PROVIDE AN EXECUTIVE DIRECTOR AND STAFF FOR THE COUNCIL, PROVIDE FOR THE CREATION OF COMMITTEES, PROVIDE FOR THE APPROVAL OF NEW FACILITIES WITH RESPECT TO RESEARCH UNIVERSITIES, PROVIDE FOR EXPENDITURE OF NONSTATE FUNDS AND THE USE OF FEE WAIVERS, PROVIDE RESEARCH GRANT POSITIONS PURSUANT TO CERTAIN CONDITIONS AND CERTAIN FUNDING SOURCES; TO AMEND SECTION 2-75-10 AND SECTION 2-75-70, BOTH RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CONFORM ACTIVITIES OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD WITH THE DUTIES AND POWERS OF THE RESEARCH OVERSIGHT COUNCIL; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION OF A FACILITY ON LAND OWNED OR OCCUPIED BY A RESEARCH UNIVERSITY IS EXEMPT FROM THE PROCUREMENT CODE PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTIONS 59-118-30, AS AMENDED, 59-118-60, 59-118-70, 59-118-80, 59-118-90, 59-118-100, ALL RELATING TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT ACT, AND TO ADD SECTIONS 59-118-75, 59-118-95, AND 59-118-105 SO AS TO DEFINE "RESEARCH UNIVERSITY" AND PROVIDE THAT THE PORTION OF STATE MATCHING FUNDS THAT ARE CURRENTLY AVAILABLE TO RESEARCH UNIVERSITIES WILL BE ADMINISTERED BY THE RESEARCH OVERSIGHT COUNCIL; BY ADDING CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT AND RESEARCH UNIVERSITY BOND ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS PURSUANT TO CERTAIN CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR EXPIRATION OF THE RIGHT TO ISSUE BONDS, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS, PROVIDE FOR PURCHASE OF BONDS, PROVIDE FOR EXPENDITURE OF PROCEEDS OF THE BONDS; AND TO REPEAL CHAPTER 41 OF TITLE 11 RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT.

Ordered for consideration tomorrow.

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

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Cobb-Hunter, Perry, E.H. Pitts, M.A. Pitts, Mack, Richardson, J.H. Neal, Sandifer, Howard, Simrill, Bales, Skelton, Neilson, J.R. Smith, Owens, Snow, Talley, Trotter, Bailey, Umphlett, White, Whitmire, Thompson, Witherspoon, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.

Ordered for consideration tomorrow.

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

H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Columbia, S.C., April 8, 2003

Mr. President and Senators:

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

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

3rd Congressional District

John Lewis Cannon, 731 Winged Foot Drive, Aiken, S.C. 29803 VICE Andrew Marine
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 13, 2003

Mr. President and Senators:

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

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

5th Congressional District

Duane G. Hansen, 1993 Candlewick Drive, Fort Mill, S.C. 29715 VICE Peter C. Coggeshall
Very respectfully,
Speaker of the House

Received as information.

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

The House returned the Bill with amendments.

On motion of Senator VERDIN, 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.

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.

The House returned the Bill with amendments.

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

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

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

H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION

H. 3333 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.

Senator SHORT explained the Bill.

H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

Having voted on the prevailing side, Senator KNOTTS asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

Senator KNOTTS 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 third reading of the Bill.

Senator KNOTTS proposed the following amendment (BBM\9898CM03), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION   __.   The 1976 Code is amended by adding:

"Section 56-10-270.   (A)   A person knowingly operating an uninsured motor vehicle subject to registration in this State or a person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor for a first or second offense and, upon conviction: for a first offense, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than one year; or for a second offense, must be fined two hundred dollars or imprisoned for not more than two years, or both. A person convicted of a third or subsequent offense is guilty of a felony and, upon conviction: for a third offense, must be imprisoned for not more than five years; or for a fourth or subsequent offense, must be imprisoned for not more than five years and have his driver's license permanently revoked. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 38-77-340.

(B)   The department, upon receipt of information to the effect that a person has been convicted of violating subsection (A) of this section, shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days and may not reinstate that person's privileges until proof of financial responsibility has been filed.

(C)(1)   If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. The department may not issue the special restricted driver's license until proof of financial responsibility has been filed.

(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3)   The fee for each special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Of this fee, twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Department of Motor Vehicles.

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

(D)   A person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored if he files proof of financial responsibility with the department." /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

Senator THOMAS objected to further consideration of the Bill.

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 RITCHIE explained the Bill.

H. 3385 (Word version) -- Reps. Sheheen and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW 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.

By prior motion of Senator HOLLAND, with unanimous consent

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.

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

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

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.

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

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

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.

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.

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

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

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

H. 3257 (Word version) -- Reps. Lourie, J.E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J.H. Neal and Rutherford: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO 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.

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

Senators SETZLER, COURSON, CROMER and KNOTTS proposed the following amendment (GJK\20703SD03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION   ____.   Notwithstanding the provisions of Section 59-5-71 of the 1976 Code, or any regulation or action of the State Board of Education to the contrary, beginning with school year 2003-2004, the starting date and ending date for the annual school term of Lexington County School Districts One, Two, Three, and Four and Lexington/Richland School District 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. /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

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.

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

Senator THOMAS proposed the following amendment (GJK\20691SD03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION   ____.   Section 57-23-50 of the 1976 Code is amended to read:

"Section 57-23-50.   (A)   There is created a Scenic Highways Committee composed of eleven fifteen members as follows:

(1)   the Director of the Department of Transportation or the director's designee;

(2)   the Chairman of the South Carolina Department of Parks, Recreation and Tourism Commission or the chairman's designee;

(3)   two representatives of the outdoor advertising industry who are active members of an organization such as the Outdoor Advertising Association of South Carolina;

(4)   a representative of the South Carolina hotel and motel industry Hospitality Association;

(5)   a representative of the agricultural industry who is active in an organization such as the State Farm Bureau;

(6)   a representative of the petroleum marketing industry;

(7)   a representative of the tourism industry in South Carolina;

(8)   a representative of highway beautification efforts, such as South Carolina Clean and Beautiful Keep South Carolina Beautiful;

(9)   a representative of Palmetto Pride;

(10)   a representative of the Department of Transportation Enhancement Advisory Committee;

(11)   a representative of the South Carolina Litter Control Association;

(12)   a representative of the Citizens for a Scenic South Carolina;

(9) (13)   a representative involved with parks and recreation, such as the South Carolina Recreation and Parks Association;

(10) (14)   a member of the general public.

(B)   All members of the committee shall serve for a term of two years and, with the exception of the appointments made pursuant to items (1) and (2), all appointments must be made by the Governor with the advice and consent of the Senate. Members of the committee shall serve without compensation or reimbursement.

(C)   If a committee member fails to attend at least fifty percent of the committee meetings during a fiscal year, then the committee member loses his voting rights during the subsequent fiscal year unless his absence is excused by a licensed physician.

(D)   Committee members appointed pursuant to subitems (A)(1), (8), (9), (10), (11), (12), and (14) may not be employed in the tourism, outdoor advertising, petroleum, or agriculture industries." /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

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

H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.

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

Senator PINCKNEY proposed the following amendment (SWB\5564CM03), which was adopted:

Amend the bill, as and if amended, SECTION 3. (B), page 5, by striking lines 2 through 6 and inserting:

/continue to use the facilities, to pay rent, or a purchase price. A converted charter school in a Charleston County school district is exempt from the payment of rent./

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

Senator PINCKNEY proposed the following amendment (SWB\5563CM03), which was adopted:

Amend the bill, as and if amended, SECTION 1. (A)(1), page 1, by striking lines 33, 34, and 35, and inserting:

/school, the county board, or the State Board of Education. An expelled student may petition for readmission for the /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

The amendment was adopted.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments carrying over all other amendments.

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

H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

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

On motion of Senator MATTHEWS, H. 3941 was ordered to receive a third reading on Wednesday, June 4, 2003.

H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

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

The Committee on Corrections and Penology proposed the following amendment (3531R001.MLF), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/   SECTION   __.   Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-285.   The Department of Corrections, in conjunction with the Materials Management Office of the Budget and Control Board, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program. The negotiation of new contracts and renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Materials Management Office of the Budget and Control Board and the Department of Corrections. Regulations must be promulgated to ensure equity and fairness in the recruiting of businesses whenever the wage to be paid is less than the federally established minimum wage." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senators GLOVER, FAIR and HAWKINS proposed the following amendment (GJK\20695SD03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION   ____.   Chapter 13, Title 24 of the 1976 Code is amended to read:

"Section 24-13-225.   Prisoners working in prison industry programs shall be given the maximum earned work credits allowed by law for such work." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Senators FAIR, MALLOY and KNOTTS proposed the following amendment (GGS\22268HTC03), which was adopted:

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

/ SECTION   _____.   Section 9-1-1790(A) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"(A)   A retired member of the system who has been retired for at least sixty fifteen consecutive calendar days may return to employment covered by the system and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than sixty fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

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

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.

Senator HUTTO 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 HUTTO proposed the following amendment (4269R001.CBH), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting the following:

/   SECTION   1.   Notwithstanding the provisions of Section 59-5-71 of the 1976 Code, or any regulation or action of the State Board of Education to the contrary, beginning with school year 2003-2004, the starting date and ending date for the annual school term of Allendale County School District, Bamberg County School Districts One and Two, Barnwell County School Districts Nineteen, Twenty-Nine, and Forty-Five, Hampton County School Districts One and Two, and 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.                 /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

On motion of Senator HUUTO, with unanimous consent, H. 4269 was ordered to receive a third reading on Wednesday, June 4, 2003.

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 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 adopted, ordered returned to the House.

The following Bills and Joint Resolutions were carried over:

S. 732 (Word version) -- Senators Pinckney, J. Verne Smith, Leventis, Anderson and Richardson: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE RATHER THAN ALLOW THE TAX ASSESSOR, COUNTY TREASURER, AND COUNTY AUDITOR TO DIVIDE A DIVISIBLE PARCEL OF REAL PROPERTY FOR PURPOSES OF THE DELINQUENT TAX SALE AND OFFER A PORTION OF THE PARCEL SUFFICIENT TO SATISFY THE PAYMENT OF THE TAXES, ASSESSMENTS, PENALTIES, AND COSTS.

On motion of Senator MOORE, the Bill was carried over.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 732.

H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J.E. Smith, Govan, Townsend, J.M. Neal, Cato, Rhoad, E.H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M.A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D.C. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3199 (Word version) -- Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.

On motion of Senator MOORE, the Bill was carried over.

H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.

On motion of Senator MARTIN, the Bill was carried over.

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

On motion of Senator SETZLER, the Bill was carried over.

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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.

On motion of Senator SETZLER, the Bill was carried over.

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.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

On motion of Senator ALEXANDER, the Bill was carried over.

Senator LEATHERMAN, Chairman of the Committee on Finance, was recognized to give a report regarding the Second Report of the Committee of Conference on H. 3749, the General Appropriation Bill.

Senator LEATHERMAN moved that the Second Report of the Committee of Conference to H. 3749, as contained in document (P:\LEGWORK\HOUSE\AMEND\COUNCIL\GGS\22263HTC03.DOC), be adopted and incorporated by reference in the Journal.

Senator GROOMS spoke on the report.

At 1:14 P.M., Senator MARTIN assumed the Chair.

Senator GROOMS continued speaking on the report.

Senator SHORT spoke on the report.

Senator MOORE argued contra to the adoption of the report.

Senator LAND spoke on the report.

At 2:21 P.M., Senator RITCHIE assumed the Chair.

Senator LAND continued arguing contra to the adoption of the report.

Senator KUHN spoke on the report.

At 2:35 P.M., the PRESIDENT assumed the Chair.

Senator KUHN continued speaking on the report.

Senator FORD asked unanimous consent to make a motion that the Senate stand in recess for a half an hour.

Senator KUHN objected.

Senator KUHN spoke on the report.

Senator RICHARDSON spoke on the report.

At 2:43 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator RICHARDSON spoke on the report.

Senator SETZLER spoke on the report.

Senator LEVENTIS spoke on the report.

Senator ELLIOTT spoke on the report.

Senator KNOTTS spoke on the report.

Senator LEATHERMAN spoke on the report.

At 3:48 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

A quorum being present, the Senate resumed.

Senator LEATHERMAN continued speaking on the report.

Senator J. VERNE SMITH spoke on the report.

Senator HUTTO spoke on the report.

The question then was the adoption of the Second Report of the Committee of Conference to H. 3749, the General Appropriation Bill.

On motion of Senator MOORE, with unanimous consent, Senators DRUMMOND, McCONNELL and KUHN, who were attending a meeting of a committee of conference, were granted leave to vote from the balcony.

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

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

Anderson                  Drummond                  Ford
Glover                    Grooms                    Holland
Hutto                     Land                      Leventis
Malloy                    Moore                     Patterson
Pinckney                  Reese                     Richardson
Ritchie                   Setzler                   Short

The Report of the Committee of Conference to H. 3749, the General Appropriation Bill, as contained in document (P:\LEGWORK\HOUSE\
AMEND\COUNCIL\GGS\22263HTC03.DOC), was adopted and incorporated by reference in the Journal.

I voted against the budget after working with my colleagues for four weeks on the Senate Floor trying to find ways to provide increased revenue or reductions in non-essential services in order to adequately fund education, health care, and other essential services. We were unsuccessful in our efforts for a variety of reasons, the most egregious of those the refusal of so many to consider the possibility of a cigarette tax increase dedicated to health care or a limited general sales tax increase. As a result, education is funded at 1995 levels in all likelihood resulting in class size increases making it even more difficult to reach the goals set for our children in our public schools. Health care is again funded with non-recurring funds, guaranteeing a $200 million deficit to begin next year's budget debate. I cannot in good conscience vote in favor of this Bill that so inadequately provides for the essential services that the State is obligated to provide for our citizens.

Columbia, S.C., June 3, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, Kirsh and Rice to the Committee of Conference on the part of the House on:

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

(R76, H3218 (Word version)) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

The veto of the Governor was taken up for immediate consideration.

Senator RICHARDSON moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Elliott
Fair                      Giese                     Gregory
Grooms                    Hawkins *                 Hayes
Hutto                     Knotts                    Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill *
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Ford                      Glover                    Jackson
Kuhn                      Malloy                    Ryberg

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

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 657 (Word version), R99, a Joint Resolution:

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

This veto is based upon my belief that S. 657, R99 is unconstitutional.

Though well-intentioned as it might be, S. 657, R99 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable", S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 657, R99 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

In summary, I believe the specific nature of S. 657, R99 renders this Act unconstitutional. For this reason, I am returning S. 657, R99 to you without my signature.

Sincerely,
/s/Mark Sanford
Governor

(R99, S657 (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.

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 334 (Word version), R93, 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.

This veto is based upon my belief that S. 334, R93 is unconstitutional.

Though well-intentioned as it might be, S. 334, R93 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable", S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 334, R93 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

In summary, I believe the specific nature of S. 334, R93 renders this Act unconstitutional. For this reason, I am returning S. 334, R93 to you without my signature.

Sincerely,
/s/Mark Sanford
Governor

(R93, S334 (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.

The veto of the Governor was taken up for immediate consideration.

Senator ALEXANDER moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

At 4:27 P.M., Senator LEATHERMAN 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 5:30 P.M.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

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

Senator MOORE spoke on the Bill.

At 4:32 P.M., with Senator MOORE retaining the floor, on motion of Senator RYBERG, with unanimous consent, the Senate receded from business not to exceed two minutes.

At 4:36 P.M., the Senate resumed.

Senator MOORE spoke on the Bill.

With Senator MOORE retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion that, when the Senate adjourned today, it stand adjourned to meet tomorrow at 11:00 A.M.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, debate was interrupted by adjournment, with Senator MOORE retaining the floor.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 3, 2003, at 5:30 P.M. and the following Acts were ratified:

(R113, S. 166 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING FROM A PUBLIC ROAD OR RAILROAD RIGHT-OF-WAY WITHOUT PERMISSION TO HUNT FROM THE ADJACENT LANDOWNER, SO AS TO REVISE THE DEFINITION OF "HUNTING" FOR PURPOSES OF THE OFFENSE.
L:\COUNCIL\ACTS\166HTC03.DOC

(R114, S. 285 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-13-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.
L:\COUNCIL\ACTS\285SL03.DOC

(R115, S. 305 (Word version)) -- Senators Leatherman and Drummond: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
L:\COUNCIL\ACTS\305HTC03.DOC

(R116, S. 342 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES; TO ENACT THE DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003; BY ADDING SECTION 56-1-5 SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ADMINISTRATIVE AGENCY OF STATE GOVERNMENT; TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES AND HIS DUTIES AND RESPONSIBILITIES, AND TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT AN INDEPENDENT REVIEW OF THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE EMPLOYEES, FUNDS, APPROPRIATIONS, ASSETS, LIABILITIES, BONDED INDEBTEDNESS, REAL AND PERSONAL PROPERTY, CONTRACTUAL RIGHTS, AND OBLIGATIONS OF THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT OF THE DEPARTMENT OF PUBLIC SAFETY ARE TRANSFERRED TO AND BECOME PART OF THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL HAVE ACCESS TO CERTAIN DATA AND REPORTS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OR THE DEPARTMENT OF PUBLIC SAFETY, OR BOTH, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST IMPLEMENT MOTOR CARRIER SERVICES IN SIX LOCATIONS THROUGHOUT THE STATE, TO CREATE AN INTERAGENCY ADVISORY COUNCIL BETWEEN THE STATE TRANSPORT POLICE AND THE MOTOR CARRIER SERVICES TO FACILITATE A SMOOTH AND EFFICIENT TRANSITION AND ENSURE EFFICIENT INFORMATION EXCHANGES, AND TO PROVIDE THAT THE GOVERNOR SHALL DESIGNATE A LEAD AGENCY TO DISTRIBUTE FEDERAL MOTOR CARRIER SAFETY GRANTS AND FUNDS; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST ENTER INTO CONTRACTS WITH VARIOUS ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION, TO PROVIDE THAT AN ENTITY MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT TO PROVIDE THIS SERVICE, TO PROVIDE THAT THE DEPARTMENT MUST RANDOMLY TEST DRIVER'S LICENSE APPLICANTS WHO SUCCESSFULLY COMPLETE A DRIVER'S LICENSE EXAMINATION ADMINISTERED BY AN ENTITY, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY SUSPEND THE AUTHORITY OR CONTRACT OF AN ENTITY UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL REGISTER CERTAIN PERSONS FOR THE UNITED STATES SELECTIVE SERVICE WHEN THEY APPLY FOR THE ISSUANCE, RENEWAL, OR A DUPLICATE COPY OF CERTAIN DRIVER'S LICENSES OR AN IDENTIFICATION CARD; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, TO DELETE THE RESPONSIBILITIES IT ASSUMED WHEN CERTAIN FUNCTIONS OF THE DIVISION OF MOTOR VEHICLES WERE TRANSFERRED TO IT, AND TO DELETE ITS MOTOR VEHICLE LICENSING, REGISTRATION, AND TITLING FUNCTIONS; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, AND CERTAIN RESPONSIBILITIES THAT WERE TRANSFERRED TO THE DEPARTMENT WHEN IT WAS ESTABLISHED; TO AMEND SECTION 23-6-30, AS AMENDED, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE CERTAIN DUTIES AND POWERS OF THE DEPARTMENT TO INCLUDE LICENSE SUSPENSIONS AND REVOCATIONS, THE TITLING AND REGISTRATION OF MOTOR VEHICLES, THE LICENSING OF MOTOR VEHICLE OPERATORS, THE COLLECTION OF LICENSE, REGISTRATION, TITLING, AND OTHER FEES, AND THE MAINTENANCE OF AN AUTOMATED SYSTEM FOR THE STORAGE AND RETRIEVAL OF ALL MOTOR VEHICLE AND MOTOR VEHICLE OPERATOR RECORDS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS CONCERNING THE REGULATION OF MOTOR VEHICLES IN THIS STATE, SO AS TO REVISE THE DEFINITION OF THE TERM "DEPARTMENT" TO MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES AND THE DEPARTMENT OF PUBLIC SAFETY UNDER OTHER CIRCUMSTANCES; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO WHEN A DRIVER'S LICENSE IS NO LONGER VALID, AND THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR FIVE YEARS AND THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR TEN YEARS, TO DELETE A PROVISION THAT REQUIRES A DRIVER'S LICENSE APPLICANT TO SUCCESSFULLY PASS A VISION TEST AND THE CIRCUMSTANCES UPON WHICH THIS TEST MAY BE WAIVED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW A PERSON TO RENEW HIS DRIVER'S LICENSE ELECTRONICALLY, TO SUBSTITUTE THE TERM VISION SCREENING FOR THE TERM VISUAL EXAMINATION; TO AMEND SECTION 56-1-220, AS AMENDED, RELATING TO THE EYE EXAMINATION THAT IS REQUIRED OF A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE MUST HAVE HIS EYES EXAMINED OR SCREENED; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID CERTAIN PROPERTY TAXES, AND TO THE DEPARTMENT'S ISSUANCE OF BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, SO AS TO PROVIDE THAT THIS PROVISION RELATES TO PERSONAL PROPERTY TAXES, TO PROVIDE THAT THESE FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF MOTOR VEHICLES FROM THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACT WITH CERTAIN ENTITIES TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, AND TO PROVIDE THAT THESE ENTITIES MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT FOR THE PROVISION OF THESE SERVICES; TO AMEND SECTION 56-19-420, AS AMENDED, RELATING TO CERTAIN FEES THAT MAY BE CHARGED FOR THE ISSUANCE OF CERTAIN MOTOR VEHICLE TITLES, SO AS TO INCREASE THE FEE THAT MAY BE CHARGED FOR THE ISSUANCE OF THESE TITLES, AND TO PROVIDE THAT A PORTION OF THIS FEE MUST BE USED BY THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY CERTAIN OPERATIONAL EXPENSES; TO REPEAL SECTION 23-6-35 RELATING TO CERTAIN FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING COPIES OF CERTAIN RECORDS, AND ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT THE TERMS MOTOR VEHICLE DIVISION, MOTOR VEHICLES DIVISION, DIVISION OF MOTOR VEHICLE, AND DIVISION OF MOTOR VEHICLES SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES, UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE TERM DEPARTMENT OF PUBLIC SAFETY SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT IS UNLAWFUL FOR A PERSON TO DISCLOSE ANY CONFIDENTIAL INFORMATION WHICH BELONGS TO THE DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE DIVISION UNDER CERTAIN CIRCUMSTANCES DURING OR AFTER THE TRANSFER OF THE CONFIDENTIAL INFORMATION FROM THE MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION; BY ADDING SECTION 56-1-215 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES A PERSON MAY HAVE HIS LICENSE RENEWED WITHOUT TAKING THE ROAD TEST OR A WRITTEN EXAMINATION; TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS PROHIBITED FROM HIRING ADDITIONAL EMPLOYEES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 29-5-10, AS AMENDED, RELATING TO MECHANICS LIENS CONCERNING A PERSON WHO FURNISHES LABOR AND MATERIAL FOR THE ERECTION, ALTERATION, OR REPAIR OF A BUILDING OR STRUCTURES, SO AS TO REVISE THE COMPONENTS OF THE TERM "WORK OF MAKING THE REAL ESTATE SUITABLE AS A SITE FOR A BUILDING OR STRUCTURE" TO INCLUDE THE DISPOSAL OF CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS; AND BY ADDING SECTION 29-5-27 SO AS TO PROVIDE THAT ANY PERSON PROVIDING CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL SERVICES IS A LABORER, AND TO PROVIDE A DEFINITION FOR THE TERM PERSON.
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(R117, S. 478 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-19-480 AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE" AND MUST PAY THE FEE ASSOCIATED WITH OBTAINING A CERTIFICATE OF TITLE, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; TO AMEND SECTION 56-19-485, RELATING TO THE TRANSFER OF WRECKED OR SALVAGED MOTOR VEHICLES, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOTOR VEHICLE THAT HAS A FAIR MARKET VALUE OF TWO THOUSAND DOLLARS OR LESS, OR TO AN ANTIQUE MOTOR VEHICLE; AND TO AMEND SECTION 56-3-2210, AS AMENDED, RELATING TO DESIGNATING CERTAIN MOTOR VEHICLES AS ANTIQUE MOTOR VEHICLES, SO AS TO REVISE THE AGE OF A MOTOR VEHICLE THAT MAY BE DESIGNATED AS AN ANTIQUE MOTOR VEHICLE.
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(R118, S. 489 (Word version)) -- Senators Ravenel and McGill: AN ACT TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROPERTY OF BELLE W. BARUCH FOUNDATION DESIGNATED AS A BIRD AND GAME REFUGE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST ANY GAME, INCLUDING WILD HOGS AND COYOTES, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYEE OR AGENT OF THE FOUNDATION TO CAPTURE, TRAP, OR HUNT WILD HOGS, COYOTES, DEER, OR RACCOON, UPON THE AUTHORIZATION OF THE FOUNDATION, FOR THE PURPOSE OF ANIMAL OR DISEASE CONTROL OR OTHER ENVIRONMENTAL OR ECOLOGICAL PURPOSES.
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(R119, S. 516 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES AS OF JULY 10, 2002, SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS LEAST DEVELOPED, AND TO AMEND SECTION 12-20-50, RELATING TO THE CORPORATE LICENSE TAX, SO AS FOR PURPOSES OF THE CORPORATE LICENSE TAX TO ALLOW A HOLDING COMPANY TO REDUCE ITS PAID-IN CAPITAL SURPLUS BY THE PORTION OF CONTRIBUTIONS TO ITS CAPITAL RECEIVED FROM ITS PARENT CORPORATION DIRECTLY OR INDIRECTLY USED TO FINANCE A SUBSIDIARY'S EXPANSION COSTING IN EXCESS OF ONE HUNDRED MILLION DOLLARS, WHICH ON THE DATE CONSTRUCTION BEGAN IS LOCATED IN AN ECONOMIC IMPACT ZONE, TO PROVIDE A THREE-YEAR PERIOD WITHIN WHICH THE EXPANSION MUST BE COMPLETED, TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO EXTEND THIS PERIOD ON GOOD CAUSE SHOWN, AND TO PROVIDE FOR RECAPTURE IF THE EXPANSION IS NOT TIMELY COMPLETED.
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(R120, S. 542 (Word version)) -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY OR WATERS ADJACENT TO SANTEE COOPER RESORT IN ORANGEBURG COUNTY ON LAKE MARION WITHIN TWO HUNDRED YARDS OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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(R121, S. 572 (Word version)) -- Senators Waldrep and Hutto: AN ACT TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY, PROVIDE THAT A VIOLATION OF THIS SECTION DOES NOT SUBJECT THE DEFENDANT'S DRIVING RECORD TO ASSESSMENT OF ANY POINTS NOR MAY THE VIOLATION BE CONSIDERED BY ANY INSURANCE COMPANY FOR AUTOMOBILE INSURANCE OR MERIT RATING SYSTEM AND RECOUPMENT PURPOSES.
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(R122, S. 710 (Word version)) -- Senator Reese: AN ACT TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.
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(R123, H. 3410 (Word version)) -- Rep. Harvin: AN ACT TO AMEND SECTION 30-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.
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(R124, H. 3575 (Word version)) -- Rep. Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS EXCEPTING AMOUNTS DUE TO THE STATE OR A POLITICAL SUBDIVISION OF THE STATE.
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(R125, H. 3586 (Word version)) -- Reps. Clemmons, Harrison, Cato, W.D. Smith, Viers, Herbkersman, M.A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D.C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G.M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J.R. Smith, Rhoad, Anthony, Freeman, Scarborough, J.E. Smith, Loftis, Coates, Rivers, Ott, J.H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT WHICH CREATES A PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO NONMEDICAID SENIOR RESIDENTS; TO REQUIRE THE DEPARTMENT TO ESTABLISH ANNUAL ENROLLMENT FEES WHICH MUST FULLY FUND THE ADMINISTRATION OF THE PROGRAM; TO AUTHORIZE THE DEPARTMENT TO SEEK NECESSARY WAIVERS, TO COMBINE NEGOTIATING POWERS TO ATTAIN REDUCED PRESCRIPTION COSTS FOR PROGRAM ENROLLEES, AND TO CONTRACT WITH OTHER STATES AND ENTITIES TO ASSIST IN ADMINISTERING THIS PROGRAM; AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ANNUALLY ON THE PROGRAM.
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(R126, H. 3592 (Word version)) -- Reps. Delleney and Lucas: AN ACT TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.
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(R127, H. 3749 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
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(R128, H. 3806 (Word version)) -- Reps. Neilson, Lucas and J. Hines: AN ACT TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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(R129, H. 3939 (Word version)) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM A SINGLE DWELLING UNIT WITHOUT THE USE OF COMMUNITYWIDE SEWERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES; AND TO PROVIDE THAT, WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330 RELATING TO THESE MATTERS ARE REPEALED.
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(R130, H. 3950 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS THE AUTHORITY TO PERMIT, LICENSE, AND REGULATE AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, AS AMENDED, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THESE LIMITS DO NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, AS AMENDED, RELATING TO REQUIRING A COMMERCIAL FRESHWATER FISHING LICENSE WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE AND MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-13-1610, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF AND TRAFFIC IN CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION FOR GAME FISH AS ALLOWED BY TITLE 50 AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; TO AMEND SECTION 50-5-1335, AS AMENDED, RELATING TO THE UNLAWFUL SETTING OR USE OF A BLUE CRAB TRAP FOR COMMERCIAL PURPOSES, SO AS TO CLARIFY THESE PROVISIONS AND TO ALSO APPLY THIS PROHIBITION TO CERTAIN PORTIONS OF DEBORDIEU CREEK, THE SAMPIT RIVER, AND LITTLE CHECHESSEE CREEK; 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, AND SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES.
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(R131, H. 4176 (Word version)) -- Rep. Anthony: AN ACT TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.
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On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session.

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

Having received a favorable report from the Committee on Corrections and Penology, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 2003, and to expire March 15, 2009

3rd Congressional District

James H. Williams, 103 Mountainrock View, Easley, S.C. 29642 VICE Anne P. Elliott

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

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

3rd Congressional District

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

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. John Lewis Cannon to the State Ethics Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. John Lewis Cannon to the State Ethics Commission.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006

1st Congressional District

Richard Coen, 100 Haddrell Street, Mt. Pleasant, S.C. 29464 VICE Willie E. Givens (resigned)

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

5th Congressional District

Duane G. Hansen, 1993 Candlewick Drive, Fort Mill, S.C. 29715 VICE Peter C. Coggeshall

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Duane G. Hansen to the State Ethics Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wish the Journal to reflect that I abstained from consideration of and voting on matters pertaining to the appointment of Mr. Duane G. Hansen to the State Ethics Commission.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006

2nd Congressional District

Duane M. Swygert, P. O. Box 486, Hardeeville, S.C. 29927 VICE Dorothea Dawkins-Haigler

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2003, and to expire July 27, 2006

5th Congressional District

C. Hampton Atkins, 1502 Jack White Drive, Rock Hill, S.C. 29732 VICE Nathaniel A. Barber

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2003, and to expire July 27, 2006

2nd Congressional District

Peter M. Brown, Colite International, Ltd., P. O. Box 4005, West Columbia, S.C. 29171 VICE Thomas C. Barnwell, Jr.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

At-Large

Joe E. Taylor, 47 Mahalo Lane, Columbia, S.C. 29204 VICE Keith Waring (retired)

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

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 2003, and to expire March 14, 2008

6th Congressional District

Stephen A. Imbeau, M. D., 800 E. Cheves St., Suite 420, Florence, S.C. 29506 VICE Josephine Jupiter

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

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2003, and to expire February 13, 2010

At-Large

Carroll A. Campell III, 29 Castle Hall Lane, Columbia, S.C. 29209 VICE William B. Timmerman

At 5:45 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:44 P.M.