Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, today we commemorate the ceremony in Statuary Hall, Washington, D.C., on the occasion of the dedication of the statue of John C. Calhoun. The ceremony was presided over by Governor M. F. Ansel of South Carolina. We shall pray a small portion of the prayer by Rev. James H. Taylor, Pastor of the Central Presbyterian Church of Washington, D.C., March 12, 1910.
Let us pray.

"O God our Father in Heaven, may the image of this man cut in stone, standing in full view of the nation, be to all that gaze upon it an invitation to a life in the service of honor and duty. May the invincible spirit of this heroic soul kindle in us like power and heroism, and may he, being dead, yet speak to us of things lovely and of good report.

So may we, when life is finished, leave behind us, as he has done, the memory of faithful service and an unsullied name. All our thanks we offer Thee through Christ the Lord.
Amen."

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

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

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2003, and to expire June 30, 2007

SC Bankers Association - Banker

H. Blake Gibbons, Jr., The Citizens Bank, 124 Main Street, Olanta, S.C. 29114

Referred to the Committee on Banking and Insurance.

Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 2004, and to expire April 1, 2009

At-Large

Janet L. Duncan, 205 Crosby Drive, Anderson, S.C. 29621

Referred to the Committee on Education.

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

2nd Congressional District

Virginia A. Allen, P. O. Box 1042, Aiken, S.C. 29802 VICE Calvin Elam (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2004, and to expire June 30, 2007

5th Congressional District

A. Barnes Boyle, Boyle Motor Co., P. O. Box 1209, Sumter, S.C. 29151 VICE Rev. Flor Morales

Referred to the Committee on Judiciary.

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006

Speech-Language Pathologist

Elizabeth D. Baden, 31 New Street, Charleston, S.C. 29401 VICE Eleanor G. Smith

Referred to the Committee on Medical Affairs.

SENATE TO A   MEMBER OF THE

JUDICIARY REGARDING AN

ACTION PENDING BEFORE HIM

SUMMARY:             Members of the Senate should avoid making direct contact with members of the judiciary regarding matters pending before them and any contact should be limited to procedural matters.

COMPLAINT:         The South Carolina Senate Ethics Committee has received a complaint regarding several members of the Senate contacting a member of the judiciary regarding a case pending before him.

DISCUSSION   : The Senate Ethics Committee met to discuss the validity of a complaint against several members of the Senate regarding contact the members made to a member of the judiciary about the status of a case involving the Complainant. The Complainant alleged that the contact by the members prejudiced his case and compromised the impartiality of the judge. However, the committee found that the contact by the members did not violate any provision of law or ethical rule and the complaint was dismissed. The action of the committee was appealed to the full Senate and the committee's decision was affirmed.

Although there is no provision of law or ethical rule prohibiting members of the Senate from contacting members of the judiciary regarding the status of cases pending before them, members should be cognizant of the ethical rules that govern judges in the exercise of their responsibilities and respect these rules when making contact. Canon 1 of the South Carolina Code of Judicial Conduct provides "[a]n independent and honorable judiciary is indispensable to justice in our society" and that "[t]he provisions of this Code are to be construed and applied to further that objective." Canon 2 provides that "[a] judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

These Canons require judges to maintain the independence and impartiality of the judiciary. In our system, members of the judiciary are elected by the General Assembly, in the case of judges of the

Canon 3B(7) provides:
A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law. A judge shall not initiate, permit, or consider ex parte communications or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding.

Pursuant to this Canon, judges are not allowed to initiate, permit, or consider an ex parte communication, except under limited circumstances. An ex parte communication is any communication to the judge about a matter before him that is made outside the presence or knowledge of all parties to the matter. As a result, any communication to a judge regarding any substantive aspect of a matter before him should be strictly avoided.

There is no doubt members of the Senate have a legitimate interest in assuring the judiciary provides services to constituents in a fair and expeditious manner. In an attempt to address constituent concerns, there may be times when the member feels that it is necessary to contact a judge about a matter pending before him. However, out of respect for the ethical rules that govern judges, direct contact should be avoided if possible. South Carolina Court Administration is an available alternative for a member to pass along constituent concerns without making direct contact. If the member feels that direct contact must be made, it should be limited to procedural concerns of constituents, for example, no hearings have been scheduled or late or overdue orders. The member also must ensure that any communication to a judge about a procedural matter is in writing and copied to all parties and

CONCLUSION: There is no provision of law or ethical rule that prohibits members of the Senate from contacting members of the judiciary regarding matters pending before them. However, the ethical rules governing judges promote the independence of the judiciary and prohibit ex parte communications. In an effort to maintain public confidence in the judiciary, members should avoid direct contact if possible and limit any contact to procedural matters.

Note:   This opinion is not intended to limit members who
are also attorneys from zealously representing the interests
of their clients before the judges of this State.

Senator DRUMMOND introduced Dr. Stanley Baker of Greenwood, S.C., Doctor of the Day.

At 1:00 P.M., Senator RAVENEL requested a leave of absence beginning at 3:00 P.M. tomorrow until Thursday, March 18, 2004.

At 1:00 P.M., Senator FAIR requested a leave of absence beginning at 3:00 P.M. tomorrow until Thursday, March 18, 2004.

The following were introduced:

S. 1059 (Word version) -- Senator Matthews: A SENATE RESOLUTION EXPRESSING THE DEEP APPRECIATION OF THE STATE OF SOUTH CAROLINA TO THE REVEREND GENERAL BRITT OF DORCHESTER COUNTY FOR HIS LIFETIME OF SERVICE TO HIS COMMUNITY AND TO HIS CHURCH AND FOR HIS LOYALTY TO HIS EMPLOYER AS HE RETIRES AFTER TWENTY YEARS FROM THE GIFFORD HILL CEMENT PLANT IN HOLLY HILL.

The Senate Resolution was adopted.

S. 1060 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2006, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2004 TO 2006 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2006, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
l:\council\bills\dka\3793dw04.doc

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

S. 1061 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING, SPECIALTY CONTRACTORS, EXAMINATIONS, FEES, DISCIPLINARY ACTIONS, HOME INSPECTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2887, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\12325ac04.doc

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

S. 1062 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, RELATING TO PILOT AND APPRENTICE AGE LIMITATIONS AND PILOT REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2886, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\12326ac04.doc

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

S. 1063 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO DEFINITIONS, LICENSE, FINANCIAL RESPONSIBILITY, RETAIL DEALER, INSTALLERS, TRAINING, EXAMINATIONS, COMPLAINTS AND HEARINGS, MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\12324ac04.doc

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

S. 1064 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\12323ac04.doc

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

Senator MESCHER from the General Committee submitted a favorable with amendment report on:

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto, Leventis and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 848 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".

Ordered for consideration tomorrow.

S. 1050 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 17, 2004, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF

Returned with concurrence.

Received as information.

S. 1056 (Word version) -- Senators Giese, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF SOUTH CAROLINA'S MOST PROMINENT ATTORNEYS, JAMES C. "JIM" ANDERS, UPON HIS DEATH ON MARCH 6, 2004.

Returned with concurrence.

Received as information.

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

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. 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 LOCTION OF TWO POLLING PLACES.

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

S. 883 (Word version) -- Senators Fair, Ryberg, Waldrep, Short, Thomas, Mescher, Verdin and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO ALLOW A COURT TO LIMIT THE NUMBER OF LAWSUITS FILED AGAINST A PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.

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

The Committee on Education proposed the following amendment (BBM\10103SJ04), which was adopted:

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION   1.   Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-80.   (A)   As used in this section 'asthma medication' includes a prescribed, inhaled asthma medication and a prescribed epinephrine auto-injector.

(B)   Each school district shall adopt a policy authorizing a student to self-administer asthma medication. The policy must include, but is not limited to:

(1)   a requirement that the student's parent or guardian provide to the school:

(a)   written authorization for the student to self-administer asthma medication; and

(b)   a written statement from the student's health care practitioner who prescribed the medication verifying that the student has asthma and has been instructed in self-administration of asthma medications;

(2)   authorization for students to possess and administer asthma medication while:

(a)   at school;

(b)   at a school-sponsored activity;

(c)   in transit to or from school or school-sponsored activities;

(d)   during before-school or after-school activities on school-operated property.

(C)   The statements required in subsection (B)(1) must be kept on file in the office of the school nurse or school administrator.

(D)(1)   The State Department of Education shall develop guidelines for a written student asthma management plan, which must be signed by:

(a)   the student's health care practitioner who prescribed the asthma medication;

(b)   the school nurse or other school staff;

(c)   the parent or guardian; and

(d)   the student, if appropriate.

(2)   The management plan for the epinephrine auto-injector must be established and approved through the school district's process pursuant to Section 504 of the Rehabilitation Act of 1973.

(3)   The parent or guardian and the student, if appropriate, shall authorize the school to share the student's asthma management plan with school staff who have a legitimate need for knowledge of the information.

(E) Asthma medication authorized to be carried by the student must be maintained in a container appropriately labeled by the pharmacist who filled the prescription.

(F)   A student's permission to self-administer asthma medication may be revoked if the student endangers himself or others through misuse of the medication.

(G)   The permission for self-administration of medication is effective for the school year in which it is granted and must be renewed each school year upon fulfilling the requirements of this section.

(H)   A parent or guardian shall sign a statement acknowledging that:

(1)   the school district and its employees and agents are not liable for an injury arising from a student's self-administration of asthma medication;

(2)   the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from a student's self-administration of asthma medication."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator GIESE explained the committee amendment.

The committee amendment was adopted.

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

S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE

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

The Committee on Labor, Commerce and Industry proposed the following amendment (949R001.JVS), which was adopted:

Amend the bill, as and if amended, page 4, SECTION 5, by striking lines 37-38 and inserting:

/   the requirements of this section by disclosing in underlined capital letters on the first page of the contract his license status in the real estate sales contract,               /

Amend the bill further, page 6, SECTION 11, by striking lines 32-40 and inserting:

/   (4)(F)   Licensees who manage residential and commercial property shall do so under a written management agreement which shall set forth, at a minimum, the:

(a)(1)   names and signatures of authorized parties to the agreement;

(b)(2)   property identification;

(c)(3)   method of compensation to the licensee;

(d)(4)   term, including definite expiration date; however, the contract may contain a clause in underlined capital letters on the first page of the contract to provide     /

Amend the bill further, page 7, SECTION 12, by striking line 15 and inserting:

/   "(G)   For all types of real estate transactions, including leases and /

Amend the bill further, page 14, SECTION 18, by striking line 31 and inserting:

/   form must be contained in the buyer agency agreement.   /

Amend the bill further, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 40-57-70 of the 1976 Code is amended to read:

"Section 40-57-70.   (A)   All fees relevant to the licensure and regulation of real estate brokers, salesmen, and property managers must be established in accordance with Section 40-1-50(D).

(B)   For each active license and inactive license not renewed by its expiration date, the department may assess a reinstatement penalty of twenty-five dollars per month for each month or part of a month for a period not to exceed six months during which the license may be reinstated.

(C)   All application and license fees are payable to the department in advance and must accompany an examination application or a license application. Application fees are nonrefundable.

(D)(1)   The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which must be established as a separate and distinct

(1)(a)   the advancement of education and research for the benefit of those licensed under this chapter and for the improvement and increased efficiency of the real estate industry in this State;

(2)(b)   the analysis and evaluation of factors which affect the real estate industry in this State; and

(3)(c)   the dissemination of the results of the research.

(2)   The commission shall submit to the Chairmen of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year."     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

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

H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.

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

The Committee on Medical Affairs proposed the following amendment (NBD\12319AC04), which was adopted:

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

/SECTION   1.   This act may be cited as "Hunter's Law".

SECTION   2.   Chapter 63, Title 44 of the 1976 Code is amended by adding:

"Section 44-63-55.   (A)   The state registrar shall develop a form entitled 'Certificate of Birth Resulting in Stillbirth' for distribution to all South Carolina delivering hospitals. The hospital shall provide and offer to complete this form, prior to discharge, for mothers whose delivery resulted in a fetal death of twenty completed weeks of gestation or more or a weight of three hundred fifty grams or more. The 'Certificate of Birth Resulting in Stillbirth' must be filed with the county registrar within five days following the delivery. The 'Certificate of Birth Resulting in Stillbirth' does not constitute proof of a live birth and does not replace the requirement to file a Report of Fetal Death as required in Regulation 61-19, Section 21.

(B)   The person preparing the 'Certificate of Birth Resulting in Stillbirth' pursuant to this section shall leave blank any reference to the stillborn's name if the parent or parents do not provide this information."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

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

S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER

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 EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.

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

Senator FAIR proposed the following amendment (DKA\ 3847DW04), which was withdrawn:

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

/   SECTION   __.   Section 5-31-1910 of the 1976 Code is amended to read:

"Section 5-31-1910.   Any city or town A municipality in this State owning a water or light plant may, through the proper officials of such the city or town, may enter into a contract with any a person without outside the corporate limits of such city or town the municipality but contiguous thereto to it to furnish such the person electric current or water from such the water or light plant of such city or town the municipality and may furnish such the water or light upon such the

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

On motion of Senator FAIR, with unanimous consent, the amendment was withdrawn.

Senator J. VERNE SMITH explained the Bill.

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

The following Bills and Joint Resolution were 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, the Bill was carried over.

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 WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.

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

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.

On motion of Senator COURSON, with unanimous consent, the Joint Resolution was carried over.

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 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 P-1 (95R001.DLT) proposed by Senator THOMAS and previously printed in the Journal of March 10, 2004.

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

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

H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M.A. Pitts, Barfield, Duncan, Edge, Clemmons, Viers and Bailey: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE

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

Senator RITCHIE proposed the following Amendment P-1 (3082R002.JHR), which was adopted:

Amend the committee report, as and if amended, on page [3082-8], by striking SECTION 6 and inserting:

/     SECTION   6.   This act takes effect July 1, 2004, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, on or after July 1, 2004. All other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2004./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (NBD\11792AC03):

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

/SECTION   1.   Section 1-23-110(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C)(1)   The agency shall consider fully all written and oral submissions respecting the proposed regulation.

(2)   Following the public hearing and consideration of all submissions, an agency shall not submit a regulation to the General Assembly for review if the regulation as it was proposed, pursuant to subsection (A)(3), contains a substantive change and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency must refile such a

SECTION   2.   Section 1-23-115(A) of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:

"(A)   Upon written request by two members of the General Assembly, made before submission of a promulgated regulation to the General Assembly for legislative review, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article. In addition to any other method as may be provided by the General Assembly, the legislative committee to which the promulgated regulation has been referred, by majority vote, may send a written notification to the promulgating agency informing the agency that the committee cannot approve the promulgated regulation unless an assessment report is prepared and provided to the committee. The written notification tolls the running of the one hundred-twenty-day legislative review period, and the period does not begin to run again until an assessment report prepared in accordance with this article is submitted to the committee. Upon receipt of the assessment report, additional days must be added to the days remaining in the one hundred-twenty-day review period, if less than twenty days, to equal twenty days. A copy of the assessment report must be provided to each member of the committee."

SECTION   3.   Section 1-23-120 of the 1976 Code, as amended by Act 231 of 2002, is further amended to read:

"Section 1-23-120.   (A)   All regulations except those specifically exempted under this section subsection (K) must be submitted to the General Assembly for review in accordance with this article, but; however, no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110. A regulation submitted to the General Assembly for review may not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.

(B)   To initiate the process of review, the agency shall file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives a document containing:

(1)   a copy of the regulations promulgated. Regulations proposing to amend an existing regulation, or any clearly identifiable subdivision or portion of a regulation, must contain the full text of the

(2)   a request for review;

(3)   a brief synopsis of the regulations submitted, explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;

(4)   a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;

(5)   a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.; and

(6)   a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the regulation.

(C)   Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review.

(D)(1)   The committees to which regulations are referred have one hundred twenty days from the date the regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation If a standing committee to which a regulation is referred does not consider the regulation at a meeting of the full committee within sixty calendar days of receipt of the referral of the regulation, the committee must place the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting agenda, and the committee must vote on the regulation. If at the full committee meeting the committee takes a procedural vote rather than a substantive vote, the committee must

(2)   For purposes of this section:

(a)   'Substantive vote' means a vote to approve or disapprove a regulation or to request an agency to withdraw and resubmit a regulation with recommended changes.

(b)   'Procedural vote' means any vote other than a substantive vote.

(E)(1)   Neither a committee to which a regulation is referred nor any member of the General Assembly may amend a regulation. However, the committee, by majority vote of those present and voting, may request in writing that an agency withdraw and resubmit a regulation with recommended changes which the committee has specified in writing and which would be necessary to obtain committee approval.

(2)   If an agency does not respond in writing to a committee within thirty days of the committee's request to withdraw and resubmit a regulation or does not resubmit a regulation with the recommended changes within thirty days of withdrawing the regulation, the regulation is deemed permanently withdrawn.

(3)   An agency shall not withdraw or modify a regulation under General Assembly Review except as provided for in this section.

(F)(1)   When the majority of those present and voting of the full committee to which a regulation was referred takes a substantive vote on the regulation, the committee must notify Legislative Council in writing of this vote, and Legislative Council must notify the committee in the other body to which the regulation was referred of this committee vote.

(2)   If the full committee in each body, by majority vote of those present and voting, have approved a regulation, the regulation becomes effective upon publication in the State Register.

(3)   If the full committee in each body, by majority vote of those present and voting, have disapproved the regulation, the disapproval only becomes effective upon the enactment of a joint resolution disapproving the regulation unless the regulation is deemed permanently withdrawn pursuant to subsection (I).

(4)   If the full committee in one body, by majority vote of those present and voting, requests an agency to withdraw and resubmit a regulation with recommended changes, a vote taken by the full committee in the other body anytime before the regulation is

(5)   If one committee has approved a regulation and the other committee has disapproved the regulation, the chairman of each committee shall appoint three members of the committee to serve on a regulation resolution committee for the purpose of resolving the conflicting vote on the regulation. In considering the regulation, the regulation resolution committee by majority vote may request in writing that the agency withdraw and resubmit the regulation with recommended changes which the regulation resolution committee has specified in writing and which would be necessary to obtain the approval of the regulation resolution committee. If the regulation resolution committee by majority vote:

(a)   approves the regulation, or a withdrawn and resubmitted version of the regulation, the full committee in each body to which the regulation was referred must vote on that version of the regulation. If the full committee in each body, by majority vote of those present and voting, approves the regulation, the approval of the regulation only becomes effective by the enactment of a joint resolution approving the regulation and publication of the regulation in the State Register;

(b)   disapproves the regulation, or a withdrawn and resubmitted version of the regulation, the full committee in each body to which the regulation was referred must vote on that version of the regulation. If the full committee in each body, by majority vote of those present and voting, disapproves the regulation, the disapproval of the regulation only becomes effective by the enactment of a joint resolution disapproving the regulation unless the regulation is deemed permanently withdrawn pursuant to subsection (I).

(6)   A full committee, by majority vote of those present and voting, may approve one or more separate regulations submitted for review in one regulation document and disapprove one or more separate regulations submitted in the same regulation document. If a full committee votes in this manner, the procedures provided in this subsection regarding approval and disapproval of regulations applies to the votes on these separate regulations.

(D)   If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution

(1)   the synopsis of the regulation as required by subsection (B);

(2)   the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.

(E)   The one hundred twenty day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.

(F)(G)   Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted referred to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.

(H)   A joint resolution approving or disapproving a regulation must include the synopsis of the regulation as required by subsection (B)(3).

(I)(1)   A regulation is deemed permanently withdrawn, if within two calendar years after the regulation was submitted to the President and

(2)   Subsection (I)(1) does not apply to a regulation for which a joint resolution approving the regulation is pending at the end of the two years.

(G)(K)   General Assembly review is not required for regulations promulgated:

(1)   to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(3) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;

(2)   by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;

(3)   by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40; or

(4)   as emergency regulations under Section 1-23-130.

(H)   For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.

(I)   Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:

(1)   for which the agency intends to begin the process of repeal in accordance with this article;

(2)   for which the agency intends to begin the process of amendment in accordance with this article; and

(3)   which do not require repeal or amendment.

Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article

SECTION   4.   Section 1-23-130(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"However, a regulation may not be filed under the provisions of this section, if a majority of those present and voting of the full committee in either body to which the regulation was referred for review votes to disapprove the regulation pursuant to Section 1-23-120."

SECTION   5.   Section 1-23-125 of the 1976 Code is repealed.

SECTION   6.   This act takes effect July 1, 2003, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, on or after July 1, 2003; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2003./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment, as amended.

Senator LEVENTIS spoke on the committee amendment.

On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted, with Senator LEVENTIS retaining the floor.

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:20 A.M. for the purpose of the invocation, Pledge of Allegiance and attending the Joint Assembly, and that at the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

There was no objection and the motion was adopted.

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Elizabeth "Lib" DesChamps of Bishopville, S.C., beloved wife of former Senator WILLIAM GREEN DESCHAMPS, JR., who served South Carolina in the State Senate from 1963-1968 and then in the House from 1971-1980. As the wife of a Clemson University alumnus and trustee, Lib had a life-long passion for Clemson University. She spent many Saturday afternoons sitting in the stands at Death Valley cheering on her beloved Tigers. She will be deeply missed by her husband and family and multitudes of cherished friends.

At 1:01 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:20 A.M.

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