South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Printed Page 1325 . . . . . Wednesday, March 10, 2004

Wednesday, March 10, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear an ancient prayer recorded in Proverbs 30:7-9:

"Two things I ask of You, O Lord:

Do not refuse me before I die:

Keep falsehood and lies far from me;

Give me neither poverty nor riches,

But give me only my daily bread."
Let us pray.

Heavenly Father, we thank You that sainthood is conditioned on neither poverty nor riches.

We know that a person's real worth, basically and fundamentally, is not in what anyone has, but what a person is and believes in the heart.

We know that poverty is terrible, and to be rich can be hazardous and pitiable if it eclipses one's commitment to God and God's moral values for human happiness.

So, Father, we thank You for what we have and pray that You help us to be good stewards of Your manifold grace.
Amen.

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

Message from the House

Columbia, S.C., March 10, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:

(S. 560 (Word version)) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith,

Printed Page 1326 . . . . . Wednesday, March 10, 2004
Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120,
Printed Page 1327 . . . . . Wednesday, March 10, 2004
RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 10, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:

(H. 3900 (Word version)) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E.H. Pitts, Mack, M.A. Pitts, Richardson, J.H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J.R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon 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

Printed Page 1328 . . . . . Wednesday, March 10, 2004
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.
Very respectfully,
Speaker of the House

Received as information.

Motion to Ratify Adopted

At 2:06 P.M., Senator MARTIN 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 2:10 P.M.

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 10, 2004, at 2:15 P.M. and the following Acts were ratified:

(R211, S. 390 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 20-7-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO STATE AND PRIVATE PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF

Printed Page 1329 . . . . . Wednesday, March 10, 2004
CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
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(R212, S. 560 (Word version)) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: AN ACT TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT

Printed Page 1330 . . . . . Wednesday, March 10, 2004
PROJECTS INCLUDING TOURISM TRAINING INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS 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 AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND 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 TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE
Printed Page 1331 . . . . . Wednesday, March 10, 2004
THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, 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 AND INCREASE THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD
Printed Page 1332 . . . . . Wednesday, March 10, 2004
SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.
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(R213, S. 787 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150,

Printed Page 1333 . . . . . Wednesday, March 10, 2004
41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE, TO AMEND SECTION 11-41-50, RELATING TO ECONOMIC DEVELOPMENT BONDS, SO AS TO CLARIFY THE APPLICATION OF THE LIMIT ON DEBT SERVICE ON THESE BONDS AND FURTHER AUTHORIZE THESE BONDS, TO AMEND SECTION 11-1-110, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO ISSUE REVENUE BONDS FOR STATE AGENCY BUILDINGS, SO AS TO ALLOW SUCH BONDS FOR CONSTRUCTING, RENOVATING, OR MAINTAINING SUCH FACILITIES, OR FOR REFUNDING SUCH BONDS ALREADY ISSUED AND TO ALLOW THESE BONDS TO BE FURTHER SECURED BY A MORTGAGE, TO AMEND SECTIONS 11-43-540 AND 11-43-550, RELATING TO TRANSPORTATION INFRASTRUCTURE TAX BONDS, SO AS TO PROVIDE FURTHER FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THESE BONDS.
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(R214, H. 3448 (Word version)) -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT A HANDBOOK, PERSONNEL MANUAL, POLICY, PROCEDURE, OR OTHER DOCUMENT ISSUED BY AN EMPLOYER AFTER JUNE 30, 2004, DOES NOT CREATE AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT IF IT IS CONSPICUOUSLY DISCLAIMED, AND PROVIDE THE MANNER IN WHICH THE DISCLAIMER MUST BE PRINTED.
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(R215, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH

Printed Page 1334 . . . . . Wednesday, March 10, 2004
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, TO PROVIDE THAT A LICENSEE WHO CANCELS HIS LICENSE AND LATER APPLIES FOR A NEW LICENSE, MUST HAVE HIS BOOKS, RECORDS, AND ACCOUNTS INVESTIGATED BY THE FUNERAL SERVICES BOARD TO DETERMINE WHETHER HE HAS VIOLATED CERTAIN PROVISIONS, TO REQUIRE A PERSON WHO SELLS PRENEED FUNERAL CONTRACTS TO PROVIDE THE BOARD WITH A LISTING OF EACH CONTRACT SOLD, TO PROVIDE A CIVIL PENALTY OF TEN DOLLARS TO BE ASSESSED A PERSON WHO SELLS PRENEED FUNERAL CONTRACTS WHO DOES NOT REPORT SERVICE CHARGES OR A CONTRACT LISTING TO THE BOARD IN A TIMELY MANNER AND PROVIDE THAT THE PENALTY MUST BE DEPOSITED IN THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND, TO PROVIDE THAT THE BOARD MUST INVESTIGATE A PERSON'S BOOKS, RECORDS, AND ACCOUNTS IF IT BELIEVES THAT SERVICE CHARGES ARE BEING COLLECTED AND ARE EITHER NOT BEING REMITTED OR NOT TIMELY REMITTED, TO PROVIDE THE MAXIMUM AMOUNT THAT A SERVICE CHARGE FOR EACH CONTRACT MAY NOT EXCEED AND TO PROVIDE FOR ITS DISBURSEMENT, AND TO PROVIDE THAT THE BOARD MUST KEEP A RECORD OF EACH PRENEED FUNERAL CONTRACT FOR WHICH IT RECEIVES A SERVICE CHARGE; TO AMEND SECTION 32-7-70, RELATING TO REQUIRING A PROVIDER OF PRENEED FUNERAL CONTRACTS TO KEEP ACCURATE ACCOUNTS, BOOKS, AND RECORDS OF TRANSACTIONS, AGREEMENTS, AND OTHER INFORMATION, AND MAKE ALL BOOKS AND RECORDS PERTAINING TO TRUST FUND AVAILABLE TO THE STATE BOARD OF FINANCIAL INSTITUTIONS FOR EXAMINATIONS, SO AS TO REQUIRE THE
Printed Page 1335 . . . . . Wednesday, March 10, 2004
BOARD TO INVESTIGATE A PROVIDER'S BOOKS, RECORDS, AND ACCOUNTS IF THE BOARD BELIEVES OR HAS RECEIVED A COMPLAINT ALLEGING THAT THE PROVIDER HAS VIOLATED CERTAIN PROVISIONS; TO AMEND SECTION 32-7-110, RELATING TO THE ENFORCEMENT OF THE PROVISIONS THAT GOVERN THE ADMINISTRATION OF PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE FOR THE INVESTIGATION OF ANY FUNERAL HOME, FUNERAL DIRECTOR, OR BUSINESS THAT IS BELIEVED TO BE ACTING AS A PROVIDER OF PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO CERTAIN UNPROFESSIONAL CONDUCT THAT RESULTS IN THE NONISSUANCE, NONRENEWABLE, SUSPENSION, REVOCATION OF A LICENSE OF A FUNERAL DIRECTOR OR EMBALMER OR THE PLACEMENT OF A FUNERAL DIRECTOR OR EMBALMER ON PROBATION SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO A FUNERAL ESTABLISHMENT'S DISCLOSURE OF EXPENSES IN CONNECTION WITH AVAILABLE SERVICES, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MUST UNDERTAKE INVESTIGATIONS AND CONDUCT HEARINGS TO DETERMINE WHETHER PAYMENTS RECEIVED BY FUNERAL ESTABLISHMENTS FOR FUNERAL MERCHANDISE THAT IS PURCHASED ARE BEING RECEIVED IN VIOLATION OF THE PROVISIONS THAT REGULATE PRENEED FUNERAL CONTRACTS; AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO PRENEED CONTRACTS AND INSTALLMENT PLANS WILL BE TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS ON JULY 1, 2006.
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(R216, H. 3900 (Word version)) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E.H. Pitts, Mack, M.A. Pitts, Richardson, J.H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J.R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: AN ACT TO PROVIDE THAT

Printed Page 1336 . . . . . Wednesday, March 10, 2004
THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.
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(R217, H. 4037 (Word version)) -- Rep. G. Brown: AN ACT TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY WHERE THE REGIONAL CORRECTIONAL FACILITY IS LOCATED.
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(R218, H. 4415 (Word version)) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J.H. Neal, Quinn, Rutherford, Scott and J.E. Smith: AN ACT TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.
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ACTING PRESIDENT PRESIDES

At 2:20 P.M., Senator MARTIN assumed the Chair.

Printed Page 1337 . . . . . Wednesday, March 10, 2004

CO-SPONSORS ADDED

S. 21 (Word version) -- Senators Knotts and Ravenel: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

On motion of Senator SHEHEEN, the name of Senator SHEHEEN was added as a co-sponsor of S. 21.

S. 949 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS, AMONG OTHER THINGS, TO FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS, AMONG OTHER THINGS, TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A

Printed Page 1338 . . . . . Wednesday, March 10, 2004
COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE
Printed Page 1339 . . . . . Wednesday, March 10, 2004
THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.

On motion of Senator FORD, the name of Senator FORD was added as a co-sponsor of S. 949.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.
l:\s-resmin\bills\jackson\smin0084.dj.doc

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

S. 1049 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROVIDE THAT A MUNICIPALITY REQUIRING A CONTRACT BEFORE SERVICES ARE PROVIDED TO A NONRESIDENT MUST PROVIDE THE SERVICE TO THE NONRESIDENT AT THE SAME RATE CHARGED TO A RESIDENT OF THE MUNICIPALITY.
l:\council\bills\dka\3795dw04.doc

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

H. 4930 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE PASTORS AND MEMBER CHURCHES OF THE MIDLANDS BAPTIST ASSOCIATION, INC., AND WISHING THEM MUCH SUCCESS AS THEY UNITE TO BUILD GOD'S KINGDOM ON EARTH THROUGH MEETING THE RELIGIOUS NEEDS OF THE COMMUNITIES THEY SERVE.

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

Printed Page 1340 . . . . . Wednesday, March 10, 2004

REPORTS OF STANDING COMMITTEES

Senator FORD from the Committee on Judiciary submitted a favorable report on:

S. 816 (Word version) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.

Ordered for consideration tomorrow.

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

S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.

Ordered for consideration tomorrow.

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

H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 ENACTING THE "OVERDUE TAX DEBT COLLECTION ACT" AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE

Printed Page 1341 . . . . . Wednesday, March 10, 2004
DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION.

Ordered for consideration tomorrow.

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

H. 4281 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.

Ordered for consideration tomorrow.

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

H. 4574 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE LOCATION OF TWO POLLING PLACES.

Ordered for consideration tomorrow.

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

H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M.A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS

Printed Page 1342 . . . . . Wednesday, March 10, 2004
EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.

Ordered for consideration tomorrow.

NONCONCURRENCE

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

The House returned the Bill with amendments.

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

HOUSE CONCURRENCE

S. 1038 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SUZANNE CULP OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES UPON HER RETIREMENT ON MARCH 31, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4696 (Word version) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 1343 . . . . . Wednesday, March 10, 2004
RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.

THIRD READING BILL

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

S. 1029 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 1044 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT

Printed Page 1344 . . . . . Wednesday, March 10, 2004
WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.

AMENDED, READ THE SECOND TIME

H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E.H. Pitts, Rice, Richardson, Scarborough, D.C. Smith, G.M. Smith, G.R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS INCLUDING THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

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

Senator MARTIN proposed the following amendment (4642R001.LAM), which was adopted:

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

/   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL

Printed Page 1345 . . . . . Wednesday, March 10, 2004
PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

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

SECTION   1.   The General Assembly finds that:

(1)   the United States has fought in many wars and conflicts, most recently in Afghanistan and Iraq; and

(2)   thousands of Americans who served in those wars and conflicts were captured by the enemy or listed as missing in action; and

(3)   many American prisoners of war were subjected to brutal and inhumane treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war, and many such prisoners of war died from such treatment; and

(4)   many of these Americans are still listed as missing and unaccounted for, and the uncertainty surrounding their fates has caused their families to suffer acute and continuing hardships; and

(5)   the sacrifices of Americans still missing and unaccounted for from all our nation's wars and conflicts and their families are deserving of recognition and support for continued priority efforts to determine the fate of those missing Americans.

SECTION 2. Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-165. (A)   The third Friday in September of each year is declared to be 'POW/MIA Recognition Day' in South Carolina. The Governor shall issue a proclamation each year calling upon the people of South Carolina to observe 'POW/MIA Recognition Day' with appropriate ceremonies and activities.

(B)   Flags atop state and local public buildings, except for the State Capitol Building and the State House grounds, shall be flown at half-staff at least until noon on 'POW/MIA Recognition Day'.

(C)   The POW/MIA flag shall be flown or displayed on 'POW/MIA Recognition Day' in South Carolina on the grounds or in public lobbies if the flags are provided, except for the State Capitol Building and the State House grounds.

(D)   Definition - As used in this section, the term 'POW/MIA flag' means the National League of Families POW/MIA flag recognized officially and designated by Section 2 of Public Law 101-355."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Printed Page 1346 . . . . . Wednesday, March 10, 2004

Senator RITCHIE 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.

CARRIED OVER

S. 857 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT THE REMAINS OF ANY PERSON WHO DONATED HIS OR HER BODY TO THE UNIVERSITY OF SOUTH CAROLINA MEDICAL SCHOOL FOR SCIENTIFIC RESEARCH PURPOSES MUST BE INTERRED BY THE MEDICAL SCHOOL AT ITS EXPENSE IN A MARKED CEMETERY GRAVESITE IF THE REMAINS WERE BURIED OR IF THE REMAINS WERE CREMATED IN A MEMORIAL GARDEN CRYPT WHICH IDENTIFIES THE DECEDENT'S ASHES.

On motion of Senator RICHARDSON, with unanimous consent, the Bill was carried over.

S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.

H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W.D. Smith, Weeks, J.E. Smith, Edge and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 1347 . . . . . Wednesday, March 10, 2004
CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

On motion of Senator KUHN, with unanimous consent, the Bill was carried over.

H. 4709 (Word version) -- Reps. Bailey and Chellis: A BILL TO AMEND SECTION 12-21-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT FOR ANY BINGO LICENSE TO BE ISSUED THE ORGANIZATION, PROMOTER, OR INDIVIDUAL MUST HAVE BEEN DOMICILED IN THIS STATE FOR AT LEAST THREE YEARS OR, IN THE CASE OF AN ORGANIZATION, TO HAVE BEEN ACTIVE IN THIS STATE FOR AT LEAST THREE YEARS, SO AS TO REDUCE THE MINIMUM TIME FOR AN ORGANIZATION TO HAVE BEEN ACTIVE IN THIS STATE FROM AT LEAST THREE TO AT LEAST TWO YEARS.

On motion of Senator BRANTON, with unanimous consent, the Bill was carried over.

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

MOTION ADOPTED

On motion of Senator RITCHIE, the Senate agreed to dispense with the Motion Period.

RECESS

At 2:26 P.M., on motion of Senator RITCHIE, the Senate receded from business not to exceed five minutes.

At 2:36 P.M., the Senate resumed.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 95 (Word version) -- Senators Gregory and Cromer: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE

Printed Page 1348 . . . . . Wednesday, March 10, 2004
LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.

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

Amendment No. P-1

Senator THOMAS proposed the following Amendment No. P-1 (95R001.DLT):

Amend the Committee Report, as and if amended, page [95-2], after line 23, by adding a new paragraph to read:

/     This section does not apply to actions to recover damages based on exterior insulation and finishing systems.     /

Amend the Committee Report further, page [95-2], by striking line 40 and inserting:

/     completion of the improvement or component, with the exception of actions to recover damages based on exterior insulation and finishing systems, which must be brought within thirteen years of substantial completion of the project.   /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator GREGORY retaining the floor.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Remarks by Senator LEVENTIS

Mr. PRESIDENT and ladies and gentlemen of the Senate, I have sad news of the untimely passing of Mrs. Lib DesChamps of Bishopville. Her husband, WILLIE GREEN DESCHAMPS, served in this body from 1963 until 1968.

Of course, you will remember that was when we reapportioned. Many of you served with him here in the Senate, and then he served in the House for many years. He was also on the Clemson Board for many years. Mrs. DesChamps will be deeply missed and I would like

Printed Page 1349 . . . . . Wednesday, March 10, 2004
for you to keep her family in your thoughts and prayers. She will be buried tomorrow morning as we go into session. Mr. PRESIDENT, I would like to move that, when the Senate adjourns on the next appropriate day, we do so in memory of Mrs. Elizabeth (Lib) DesChamps of Bishopville.

On motion of Senator MALLOY, with unanimous consent, Senator LEVENTIS' remarks were ordered printed in the Journal.

Message from the House

Columbia, S.C., March 9, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R208, H. 4700 by a vote of 1 to 0:

(R208, H4700 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R208, H4700 (Word version)) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND
DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Printed Page 1350 . . . . . Wednesday, March 10, 2004

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

Senator MATTHEWS 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:

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
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                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0

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

Printed Page 1351 . . . . . Wednesday, March 10, 2004

MOTION ADOPTED

On motion of Senators COURSON, LAND, GIESE and KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of James C. Anders of Columbia, S.C., former Solicitor for Richland and Kershaw Counties.

ADJOURNMENT

At 3:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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