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, hear a few words recorded by St. Luke, the doctor, Chapter 12:32-34:

"Do not be afraid, little flock, for it is Your Father's good pleasure to give you the Kingdom... For where your treasure is, there your heart will be also."
Let us pray.

Father, forbid that we should make something of a god out of our economic well-being!

But even Jesus taught us to pray, "Give us today our daily bread", even before asking forgiveness of sins.

So we do pray for our economic well-being... the hungry, the homeless and all who are praying for healthy minds in strong and healthy bodies... and homes where children can be loved and taught to love their friends and neighbors.

So help us to be good stewards of the beloved community.
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:

Initial Appointment, Cherokee County Probate Judge, with term to commence February 10, 2004

Joshua L. Queen, 110 Hillside Drive, Gaffney, S.C. 29340 VICE William R. Douglas, Sr. (deceased)

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 2003, and to expire September 30, 2007

At-Large

Charles L. A. Terreni, P. O. Box 11904, Columbia, S.C. 29211 VICE Willis T. Goodwin

Referred to the Committee on Banking and Insurance.

Initial Appointment, War Between the States Heritage Trust Commission, with term coterminous with Governor

Governor

Everett M. Clark, Jr., 3993 Bachman Dr., West Columbia, S.C. 29172

Referred to the Committee on Education.

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 1999, and to expire April 1, 2004

At-Large

Janet L. Duncan, 205 Crosby Drive, Anderson, S.C. 29621 VICE Elizabeth Davis (resigned)

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2003, and to expire June 30, 2006

At-Large

Charles T. Ferillo, Jr., Ferillo & Associates, Inc., P. O. Box 5975, Columbia, S.C. 29250 VICE Patrick R. VanHuss (resigned)

Referred to the Committee on Education.

Initial Appointment, South Carolina Forestry Commission, with term to commence June 30, 2004, and to expire June 30, 2010

Public - Senate

Harry S. Morrison, Morrison Forestry and Real Estate, P. O. Box 725, Estill, S.C. 29918 VICE J. Kenneth Hill

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 2004, and to expire February 1, 2008

Director

James K. Schweitzer, 8 Somersby Ct., Blythewood, S.C. 29016 VICE Boykin Rose

Referred to the Committee on Judiciary.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2009

Coast Guard Officer/Capt. of Port

Capt. Robert F. Bennett USCG (retired), Charleston Navigation Co., 6 Concord St., Charleston, S.C. 29401

Referred to the Committee on Judiciary.

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2003, and to expire June 30, 2007

3rd Congressional District

Steven G. Kisner, 248 Willow Lake Drive, Aiken, S.C. 29803 VICE Louisiana W. Wright

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Medical Examiners, with term to commence June 30, 2002, and to expire June 30, 2006

Public - At-Large

Jackie D. Black, 303 Devonshire Lane, Columbia, S.C. 29212 VICE Susan Carson Reynolds

Referred to the Committee on Medical Affairs.

Reappointment, State Board of Pharmacy, with term coterminous with Governor

At-Large

David Merz Banks, CVS Pharmacy, 315 West Butler Road, Mauldin, S.C. 29662

Referred to the Committee on Medical Affairs.

Senator J. VERNE SMITH introduced Dr. Theodore Watson of Greenville, S.C., Doctor of the Day.

On motion of Senator VERDIN, at 12:05 P.M., Senator RAVENEL was granted a leave of absence for today.

Senator LEVENTIS rose for an Expression of Personal Interest.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

The following were introduced:

S. 930 (Word version) -- Senators Branton, Matthews and Grooms: A SENATE RESOLUTION CONGRATULATING JAMES DONALD CANADAY ON HIS RETIREMENT FROM LAFARGE NORTH AMERICA IN DORCHESTER COUNTY AFTER THIRTY YEARS OF SERVICE AND WISHING HIM WELL IN THE NEXT CHAPTER OF HIS LIFE.
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The Senate Resolution was adopted.

S. 931 (Word version) -- Senators Martin, O'Dell and Reese: A BILL TO AMEND SECTIONS 1-23-600, AS AMENDED, 1-23-610, AND 1-23-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ADMINISTRATIVE LAW JUDGE DIVISION HEARINGS AND PROCEEDINGS, QUASI-JUDICIAL AND JUDICIAL REVIEW OF DECISIONS, AND LOCATIONS WHERE CASES ARE HEARD; SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION AND LIMITATION OF COURTS; SECTION 42-3-20 RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION; SECTION 42-3-50, RELATING TO THE JUDICIAL DEPARTMENT OF THE COMMISSION; SECTION 42-17-40, RELATING TO THE CONDUCT AND AWARD OF A HEARING; SECTION 42-17-50, RELATING TO THE REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION; SECTION 42-17-60, RELATING TO AWARDS OF AND APPEALS TO THE WORKERS' COMPENSATION COMMISSION; AND SECTION 42-17-70, RELATING TO A JUDGMENT ON AN AGREEMENT OR AWARD, ALL SO AS TO MODIFY THE APPELLATE REVIEW PROCESS IN WORKERS' COMPENSATION MATTERS SO THAT DECISIONS BY A SINGLE COMMISSIONER MUST BE REVIEWED BY AN ADMINISTRATIVE LAW JUDGE, WHOSE DECISION MUST BE REVIEWED BY THE SOUTH CAROLINA COURT OF APPEALS.
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Read the first time and referred to the Committee on Judiciary.

S. 932 (Word version) -- Senators Martin, O'Dell and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-175 SO AS TO REQUIRE THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO DEVELOP AND IMPLEMENT A MANDATORY MEDIATION PROCESS FOR USE IN RESOLVING A DISPUTE IN A WORKER'S COMPENSATION CLAIM; BY ADDING SECTION 42-9-95 SO AS TO PERMIT THE CESSATION OF PAYMENT OF TEMPORARY DISABILITY BENEFITS DURING ANY PERIOD IN WHICH THE INJURED EMPLOYEE IS UNAVAILABLE FOR WORK DUE TO INCARCERATION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 42-9-60 AND 42-9-80, RELATING TO COMPENSATION NOT PAYABLE WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR THE WILFULNESS OF EMPLOYEE AND THE BURDEN OF PROOF REGARDING CERTAIN CLAIMS, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT AN INJURED EMPLOYEE'S INJURY OR DEATH WERE PROXIMATELY CAUSED BY INTOXICATION OR THE INFLUENCE OF MARIJUANA OR OTHER CONTROLLED SUBSTANCE WHERE TESTING REVEALS LEVELS OF THE SUBSTANCE AT ISSUE ABOVE CERTAIN LEVELS; AND TO AMEND SECTION 42-17-50, AS AMENDED, RELATING TO THE REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT A SINGLE COMMISSIONER'S DECISION OR A DECISION BY THE COMMISSION MUST CONTAIN A FULL AND COMPLETE REPORTING OF THE REASONING AND SUPPORT FOR THE DECISION, AND TO REQUIRE THE PUBLICATION OF THOSE DECISIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 933 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-23-75 SO AS TO PROVIDE THAT A VALID MARINE DEALER'S PERMIT ENTITLES THE MARINE DEALER TO ALLOW A PROSPECTIVE PURCHASER OF A USED WATERCRAFT OR OUTBOARD MOTOR OWNED BY A PERSON OTHER THAN A DEALER TO USE THE WATERCRAFT OR MOTOR ON A TRIAL OR DEMONSTRATION BASIS FOR UP TO FORTY-EIGHT HOURS WITHOUT THE REQUIREMENT OF NEW REGISTRATION, NUMBERING, OR TITLING.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 934 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.
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Read the first time and referred to the Committee on Judiciary.

S. 936 (Word version) -- Senators Martin, O'Dell and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 937 (Word version) -- Senators McConnell and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BOARD MUST MAKE ITS ADMINISTRATIVE RECOMMENDATIONS AVAILABLE TO A VICTIM OF A CRIME BEFORE IT CONDUCTS A PAROLE HEARING FOR THE PERPETRATOR OF THE CRIME; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE BOARD MEETINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST CONDUCT ALL PAROLE HEARINGS IN CASES THAT RELATE TO A SINGLE VICTIM ON THE SAME DAY; AND TO AMEND SECTION 24-21-710, AS AMENDED, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE PAROLE BOARD WHEN IT MAKES A PAROLE DETERMINATION, SO AS TO PROVIDE THAT THE BOARD MUST MAINTAIN AND ALLOW CRIME VICTIMS TO APPEAR BEFORE THE BOARD DURING PAROLE HEARINGS VIA A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM.
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Read the first time and referred to the Committee on Judiciary.

S. 938 (Word version) -- Senators Martin, O'Dell and Reese: A BILL TO AMEND SECTION 42-15-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTS LEARNED BY PHYSICIANS OR SURGEONS DURING THE COURSE OF ATTENDING OR EXAMINING A WORKER'S COMPENSATION CLAIMANT NOT BEING PRIVILEGED, SO AS TO CLARIFY THAT PHYSICIANS, SURGEONS, OR OTHER HEALTH PROVIDERS MAY DISCUSS CERTAIN FACTS WITH REPRESENTATIVES OF THE PARTIES WITHOUT VIOLATING PHYSICIAN-PATIENT CONFIDENTIALITY.
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Read the first time and referred to the Committee on Judiciary.

S. 939 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-9-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEDUCTION FROM COMPENSATION OF PAYMENTS MADE BY AN EMPLOYER WHEN NOT DUE AND PAYABLE, SO AS TO PREVENT THE RECOVERY BY INJURED EMPLOYEES OF WAGE-REPLACEMENT DISABILITY BENEFITS UNDER DISABILITY BENEFIT PROGRAMS FUNDED BY THEIR EMPLOYER AND TEMPORARY DISABILITY BENEFITS UNDER THE WORKERS' COMPENSATION ACT FOR THE SAME PERIODS OF TIME.
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Read the first time and referred to the Committee on Judiciary.

S. 940 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY.
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Read the first time and referred to the Committee on Judiciary.

S. 941 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-25 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONG RANGE STRATEGY FOR PRESERVING AND PROTECTING THE ENVIRONMENT AND PUBLIC HEALTH, TO REQUIRE THE DEPARTMENT TO CERTIFY THAT EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION IS CONSISTENT WITH THIS STRATEGY AND OTHER STATE AND LOCAL PLANS, AND TO EVALUATE THE IMPACT OF THE ACTION ON THE ENVIRONMENT AND ON LOW-INCOME AND MINORITY PERSONS; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION AND TO CONSIDER REPEAT VIOLATIONS WHEN DETERMINING COMPLIANCE AND ENFORCEMENT PENALTIES.
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Senator LEVENTIS spoke on the Bill.

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

S. 942 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF HIGHWAY 76/301 NORTH COMMENCING AT THE INTERSECTION OF HIGHWAY 327 AND ENDING AT THE OLD MARION HIGHWAY IN HONOR OF MR. CHRISTOPHER JAMES YAHNIS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THE WORDS "CHRISTOPHER JAMES YAHNIS HIGHWAY".
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On motion of Senator LEATHERMAN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3636 (Word version) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J. H. Neal, Sandifer, G. M. Smith, Weeks, Whitmire and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

H. 4645 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH A CAPITAL IMPROVEMENT BOND AUTHORIZATION FOR USC-SPARTANBURG MAY BE USED.

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

H. 4695 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS 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.

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

H. 4700 (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.

Read the first time and, on motion of Senator MATTHEWS, with unanimous consent, H. 4700 was ordered placed on the Calendar without reference.

On motion of Senator MATTHEWS, with unanimous consent, H. 4700 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4702 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Read the first time and ordered placed on the Local and Uncontested Calendar.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the COUNCIL ON AGING DIRECTORS to attend a breakfast at the Clarion Town House on Thursday, February 12, 2004, from 8:00 until 8:45 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASSOCIATION OF REGISTRATION AND ELECTIONS OFFICIALS to attend a reception at Seawells on Tuesday, February 17, 2004, from 6:00 until 8:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC BAPTIST CONVENTION to attend a barbecue luncheon on the State House grounds on Wednesday, February 18, 2004, from Noon until 2:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the MUNICIPAL ASSOCIATION OF SC to attend a reception at the Adam's Mark Hotel on Wednesday, February 18, 2004, from 6:00 until 7:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC NURSERY AND LANDSCAPE ASSOCIATION to attend a breakfast at the Capital City Club on Thursday, February 19, 2004, from 8:00 until 9:30 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASSOCIATION OF CONSERVATION DISTRICTS to attend a catfish/quail supper at Seawells on Tuesday, February 24, 2004, from 6:00 until 8:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC STUDENT LEGISLATURE to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, February 25, 2004, from 8:00 until 10:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASSOCIATION OF NONPROFIT ORGANIZATIONS to attend a luncheon on the State House grounds on Wednesday, February 25, 2004, from 12:30 until 2:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the AMERICAN LEGISLATIVE EXCHANGE COUNCIL to attend a reception at the Clarion Town House on Wednesday, February 25, 2004, from 6:00 until 8:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the GOVERNOR'S COUNCIL ON PHYSICAL FITNESS and SC COALITION FOR PROMOTING PHYSICAL ACTIVITY to attend a breakfast in Room 221 Blatt Bldg. on Thursday, February 26, 2004, from 8:00 until 10:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Senator RYBERG from the Committee on Transportation submitted a majority favorable with amendment and Senator LEATHERMAN a minority unfavorable report on:

S. 794 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.

Ordered for consideration tomorrow.

H. 3739 (Word version) -- Reps. Ceips, Whipper, M.A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J.M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

Whereupon, Senators RANKIN, RYBERG, and RICHARDSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.

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

Senators MOORE and McCONNELL spoke on the Free Conference Report.

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

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

On motion of Senator MOORE, the Report of the Committee of Free Conference to S. 208 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF OF THE COMMISSION INCLUDING EX PARTE COMMUNICATIONS BY THESE PERSONS; BY ADDING SECTION 58-3-145 SO AS TO PROVIDE PROCEDURES FOR A PARTY SEEKING RELIEF FROM AN ALLEGED IMPROPER COMMUNICATION; BY ADDING SECTION 58-3-150 SO AS TO PROVIDE THAT A FORMER COMMISSIONER MAY NOT BE EMPLOYED BY A PUBLIC UTILITY FOR A PERIOD OF ONE YEAR FOLLOWING HIS SERVICE ON THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58 SO AS TO ESTABLISH THE PUBLIC SERVICE COMMISSION AND OFFICE OF PUBLIC STAFF REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO CREATE THE OFFICE OF PUBLIC STAFF AS A SEPARATE STATE AGENCY AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL SECTIONS 58-3-67 AND 58-3-93 EFFECTIVE JULY 1, 2004.

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

That the same do pass with the following amendments: (Reference is to Printer's Date 4/15/03--H.)

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

/   SECTION   1.   Section 1-3-240(C) of the 1976 Code, as amended by Act 59 of 2001, is further amended to read:

"(C)   Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)   Workers' Compensation Commission;

(2)   Commission of the Department of Revenue;

(3)   Ethics Commission;

(4)   Election Commission;

(5)   Professional and Occupational Licensing Boards;

(6)   Juvenile Parole Board;

(7)   Probation, Parole and Pardon Board;

(8)   Director of the Department of Public Safety;

(9)   Board of the Department of Health and Environmental Control, excepting the Chairman;

(10)   Chief of State Law Enforcement Division.;

(11)   South Carolina Lottery Commission.; and

(12)   Executive Director of the Office of Regulatory Staff.

Upon the expiration of an officeholder's term, such the individual may continue to serve until a successor has been appointed and qualifies."

SECTION   2.   The 1976 Code is amended by adding:

"Section 8-13-935.   (A)   No candidate for or person intending to become a candidate for the Public Service Commission may seek, directly or indirectly, the pledge of a member of the General Assembly's vote or contact, directly or indirectly, a member of the General Assembly regarding screening for the Public Service Commission, until: (1) the qualifications of all candidates for that office have been determined by the State Regulation of Public Utilities Review Committee, and (2) the review committee has formally released its report as to the qualifications of all candidates for the office to the General Assembly. For purposes of this section, 'indirectly seeking a pledge' means the candidate, or someone acting on behalf of and at the request of the candidate, requests a person to contact a member of the General Assembly on behalf of the candidate before nominations are formally made by the review committee. The prohibitions of this section do not extend to an announcement of candidacy by the candidate or statement by the candidate detailing the candidate's qualifications.

(B)   No member of the General Assembly may offer his pledge until: (1) the qualifications of all candidates for the Public Service Commission have been determined by the State Regulation of Public Utilities Review Committee, and (2) the review committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications must occur no earlier than forty-eight hours after the names of nominees have been initially released to members of the General Assembly.

(C)   No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for the Public Service Commission.

(D)(1)   Violations of this section may be considered by the State Regulation of Public Utilities Review Committee when it considers the candidate's qualifications.

(2)   Violations of this section by members of the General Assembly must be reported by the review committee to the House or Senate Ethics Committee, as may be applicable.

(3)   Violations of this section by incumbent commissioners seeking reelection must be reported by the Public Service Commission to the State Ethics Commission.

A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."

SECTION   3.   Part 6 of Chapter 6 of Title 37 of the 1976 Code is amended to read:

Section 37-6-601.   There is hereby created in within the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided in this chapter.

Section 37-6-602.   The consumer advocate Consumer Advocate may be the Administrator of Consumer Affairs or he may be appointed by the administrator with the approval of the Commission on Consumer Affairs. The consumer advocate shall Consumer Advocate must be an attorney qualified to practice in all courts of this State with a minimum of three years' practice experience.

Section 37-6-603.   The Division of Consumer Advocacy shall must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office shall must be paid from appropriations provided annually in the State General Appropriation Act.

Section 37-6-604.   (A)   The functions and duties of the Division of Consumer Advocacy are:

(1)   To to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning insurance matters, Certificates of Need for health facilities and services, as required for an activity under Section 44-7-160, health care licensing procedures, and other health related-matters health-related provisions.;

(2)   To to monitor existing regulations, rate structures, and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State.; and

(3)   The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.

(4)   To to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2) above, except that any proceedings initiated by the advocate Consumer Advocate must be brought on behalf of the public at large at-large and not for individuals; initiation or continuation of any proceedings must be at is in the sole discretion of the consumer advocate Consumer Advocate.

(B)   The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.

(C)   After January 1, 2005, the division must not represent consumers in matters arising under Title 58. Matters or appeals under Title 58 that are pending on January 1, 2005, shall be transferred to the Office of Regulatory Staff.

Section 37-6-605.   In the performance of his assigned functions, the advocate Consumer Advocate shall have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies shall must cooperate with the advocate Consumer Advocate in the performance of his duties. In addition, the advocate shall Consumer Advocate must have reasonable access to confidential records and information, provided if he enters a proprietary agreement to insure ensure their confidentiality. The South Carolina Department of Insurance and advocate Consumer Advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate making or other proceeding initiated before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the Public Service Commission, the issuance by the director of the Department of Insurance or the executive director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the South Carolina Department of Insurance or the Public Service Commission. If the executive director issues or refuses to issue the an order is not issued, the aggrieved party may appeal to the full commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. For good cause shown, in In lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing, for good cause shown. Any objections to the issuance of the order must be filed with the commission within three days of being notified of the written request or such the order. Any objections so filed must list the specific grounds for objection. The commission shall rule on the objections Objections must be ruled on within ten days or the objection is denied.

Section 37-6-606.   (1)(A)   Except as provided in Section 37-6-604(C), Whenever whenever the advocate Consumer Advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting it the regulatory agency to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest.

(2)(B)   The petition shall set forth must state facts which it is claimed claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the hearing proceeding.

(3)(C)   The regulatory agency may hold a public hearing or may conduct such an investigation or proceeding as it deems the regulatory agency considers appropriate in order to determine whether or not such the petition should be granted.

(4)(D)   Within sixty days after the filing of the petition described in item (1) of this section subsection (A), the regulatory agency shall must either grant or deny the petition. If the agency grants the petition, it shall must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition, it shall must publish the reasons for such the denial.

(5)(E)   If the regulatory agency denies the petition made under this section (or, if it fails to grant or deny such the petition within sixty days), the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding as requested in the petition. Any such The action may be filed by the petitioner thirty days after the denial of the petition or, if the agency fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period.

(6)(F)   If the petitioner can demonstrate demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court shall must order the agency to commence or complete the proceeding as requested in the petition.

(7)(G)   In any action under this section, the court shall have has no authority to compel the agency to take any action other than the commencement or completion of a proceeding.

(H)   The remedies under this subsection shall be section are in addition to and not in lieu of other remedies provided by law.

Section 37-6-607.   With the exception of matters arising under Title 58, The advocate shall be deemed the Consumer Advocate is considered to have an interest sufficient to maintain actions for judicial review and may, as of right, and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an agency action that the consumer advocate Consumer Advocate determines may substantially affect the interests of consumers.

Section 37-6-608.   To the extent necessary to carry out the consumer advocacy responsibilities, the advocate Consumer Advocate may in addition to a regular staff, employ, in addition to a regular staff, temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such these persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall must not exceed the appropriation made for such purposes.

Section 37-6-609.   Decisions of the Consumer Advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings under Sections 37-6-601 to 37-6-608, shall be are in the sole discretion of the Consumer Advocate, except as modified by order of a Court court of competent jurisdiction."

SECTION   4.   Article 1, Chapter 3 of Title 58 of the 1976 Code is amended to read:

Section 58-3-5.   As used in this chapter:

(1)   'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.

(2)   'Immediate family' means an individual who is:

(a)   a child residing in the person's household;

(b)   a spouse of the person; or

(c)   an individual claimed by the person or the person's spouse as a dependent for income tax purposes.

(3)   'Commission' means the Public Service Commission.

(4)   'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.

(5)   'Regulatory staff' means the executive director or the executive director and employees of the Office of Regulatory Staff.

(6)   'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed by Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.

(7)   'Review committee' means the State Regulation of Public Utilities Review Committee.

Section 58-3-10.   A commission is hereby established to be known as 'The Public Service Commission,' which shall be composed of seven members, whose powers over all transporting and transmitting corporations and public utilities and whose duties, manner of election and term of office shall be prescribed by law. (A) The commission, as constituted under law in effect before the date this act is approved by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.

(B)   Nothing in this act affects the commission's jurisdiction over matters pending before the commission, on or before the date this act is approved.

Section 58-3-20.   (A)   The Public Service Commission shall be commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For any term beginning after June 30, 2006, each member must have:

(1)   a baccalaureate or more advanced degree from:

(a)   a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;

(b)   an institution of higher learning that has been accredited by a regional or national accrediting body; or

(c)   an institution of higher learning chartered before 1962; and

(2)   a background of substantial duration and an expertise in at least one of the following:

(a)   energy issues;

(b)   telecommunications issues;

(c)   consumer protection and advocacy issues;

(d)   water and wastewater issues;

(e)   finance, economics, and statistics;

(f)   accounting;

(g)   engineering; or

(h)   law.

(B)   The review committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the eight enumerated areas contained in Section 58-3-15(A)(2) if three-fourths of the review committee vote to qualify such candidate and provide written justification of their decision in the report as to the qualifications of the candidates.

(C)   The qualification provisions of subsection (A) of this section do not apply to the reelection of any commissioner elected by the General Assembly on March 3, 2004, so long as there is no break in service.

(D)   Beginning in 2004, the members of the Public Service Commission must be elected to staggered terms. In 2004, the members representing the second, fourth, and sixth congressional districts must be elected for terms ending on June 30, 2006, and until their successors are elected and qualify. Thereafter, members representing the second, fourth, and sixth congressional districts must be elected to terms of four years and until their successors are elected and qualify. In 2004, the members representing the first, third, and fifth congressional districts and the State at-large must be elected for terms ending on June 30, 2008, and until their successors are elected and qualify. Thereafter, members representing the first, third, and fifth congressional districts and the State at-large must be elected to terms of four years and until their successors are elected and qualify.

(E)   The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly pursuant to the latest official United States Decennial Census of 1990. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission.

(F)   The Governor may fill vacancies in the office of commissioner until the successor in the office for a full term or an unexpired term, as applicable, has been elected by the General Assembly. In cases where a vacancy occurs on the commission when the General Assembly is not in session, the Governor may fill the vacancy by an interim appointment. The Governor must report the interim appointment to the General Assembly and must forward a formal appointment at its next ensuing regular session.

Section 58-3-24.   After January 1, 1981, no No member of the General Assembly or member of his immediate family shall be elected to the Public Service Commission commission while that person the member is serving in the General Assembly; nor shall that person a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission for a period of four years after he the member either:

(1)   ceases to be a member of the General Assembly; or

(2)   fails to file for election to the General Assembly in accordance with Section 7-11-15.

Section 58-3-25.   (A)   Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated.

(B)   If the commission regulates a business with which an employee of the commission is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.

(C)   No person may be an employee of the commission if the commission regulates a business with which the employee is associated, and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.

Section 58-3-30.   (A)   The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly.

(B)   The commissioners and commission employees are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, except as provided in Section 58-3-260, and the State Ethics Commission must enforce and administer those rules pursuant to Section 8-13-320. In addition, commissioners and commission employees must comply with the applicable requirements of Chapter 13 of Title 8.

(C)   Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the review committee.

Section 58-3-40.   (A)   The Commission shall commission must elect one of their number members as chairman for a period of two years. The Commission shall be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk.

(B)   The chairman is the chief executive and administrative officer of the commission.

(C)(1)   Upon the request of any party or any commissioner, the commission may employ a hearing officer who may hear and determine procedural motions or other matters not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on nondispositive motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer.

(2)   The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case.

(3)   The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.

Section 58-3-50.   The clerk of the Commission commission may administer oaths.

Section 58-3-60.   The Commission may employ technical, administrative, or clerical staff or other aid as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and 33 of this title and may fix the compensation for employment. The Commission may also employ and utilize administrative law judges or hearing officers to preside over rate hearings and other contested matters. The administrative law judge or hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case. The compensation, costs, and expenses incurred incident to utilization of an administrative law judge or hearing officer must be fixed or approved by the Commission and must be included as expenses of the Commission under Section 58-3-100.

(A)   The commission is authorized and empowered to employ: a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; hearing officers; hearing reporters; and such other professional, administrative, technical, and clerical personnel as the commission determines to be necessary in the proper discharge of the commission's duties and responsibilities as provided by law. The chairman must organize and direct the work of the commission staff. The salaries of the chairman, the commissioners, and the chief clerk shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission. The commission staff shall not appear as a party in commission proceedings and shall not offer testimony on issues before the commission.

(B)   Subject to Section 58-3-580, the commission must be staffed and equipped to perform the functions set forth in this title except for those responsibilities and functions reserved to the Office of Regulatory Staff. The expenses must be paid from the assessments collected pursuant to Section 58-3-100. The chairman, within allowed budgetary limits and as otherwise allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel incurred while traveling on official business.

(C)   The commissioners shall not supervise the Office of Regulatory Staff.

(D)   The commission shall not inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is solely the responsibility of the Office of Regulatory Staff.

Section 58-3-70.   The chairman and members of the Commission commission shall receive annual salaries payable in the same manner as the salaries of other State state officers are paid. Each commissioner must devote full time to his duties as a commissioner, and must not engage in any other employment, business, profession, or vocation during the normal business hours of the commission.

Section 58-3-90.   The Commission shall commission must meet at least once each month, and the chairman shall must call a meeting at any other time upon the written request of any two members of the Commission commission. A majority of the commissioners shall constitute constitutes a quorum for the transaction of all business pertaining to their office.

Section 58-3-100.   The expenses of the Transportation Department of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630 and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.

Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, and electric utilities as defined in Section 58-27-10 under subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue shall must assess each public utility company, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of Revenue department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue department actual incremental increase in the cost of administration into the State Treasury state treasury as other taxes collected by the Department of Revenue for the State department.

The Public Service Commission shall commission must certify to the South Carolina Department of Revenue annually on or before, but no later than May first, the amounts to be assessed.

The commission shall operate as an other-funded agency.

Section 58-3-110.   The appropriation for the Public Service Commission's commission's office shall must be advanced by the State until it shall have has been collected from the corporations liable therefor and, when collected, shall must be placed in the State Treasury state treasury.

Section 58-3-130.   Every State Upon demand by the Office of Regulatory Staff, each state department, board, and commission, and every each officer or agent of the State shall must furnish to the Commission Office of Regulatory Staff, upon demand, for its inspection and for its confidential use, any record or information filed on file with it or him the department, board, commission, or officer, as appropriate, or any information in their possession concerning the property values, operation, income, or other matter of any person doing business as a public utility in this State, as defined in Section 58-5-10, an electric utility or a motor vehicle carrier.

Section 58-3-140.   (A)   Except as otherwise provided in Chapter 9 of this title, The Public Service Commission the commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.

(B)   The Commission shall commission must develop and publish a policy manual which shall must set forth guidelines for the administration of the Commission commission. All procedures shall must incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.

(C)   The Commission shall commission must facilitate access to its general rate request orders in contested matters involving over more than one hundred thousand dollars by publishing an order guide which indexes and cross-references such orders issued after the effective date of this act by subject matter and case name. The order guide must be made available for public inspection.

(D)   The Commission is authorized to and shall commission must promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal intervenor status, such testimony to be reduced to writing and prefiled with the Commission commission in advance of any hearing.

(E)   Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service Commission the commission's jurisdiction found in pursuant to Title 58 or any other titles title.

(F)   When required to be filed, tariffs must be filed with the office of the chief clerk of the commission and, on that same day, provided to the Executive Director of the Office of Regulatory Staff.

Section 58-3-142.   No member of the General Assembly or any member of a member's law-firm law firm shall appear before the Public Service Commission commission in any rate fixing proceeding by representing any party in such the proceeding for any purposes including political purposes, and it shall be is the duty of the presiding commissioner or hearing officer to enforce the provisions of this section. Provided, however However, this section shall does not apply to any member of the General Assembly appearing as a witness on either side of any hearing.

Section 58-3-170.   In case of failure on their part of common carriers and telephone and telegraph companies to agree, the Commission shall commission must supervise and fix all agreements, contracts, rates, or the divisions thereof and rules and regulations between or among common carriers and telephone and telegraph companies, of whatever kind, placed under the control or supervision of the Commission commission.

Except insofar as for rates, transactions affecting rates, or transactions affecting service areas are concerned, the provisions of this section do not apply to transactions between a telephone cooperative association and its subsidiary corporation or cooperative association.

Section 58-3-180.   The Commission shall make such rules and commission must promulgate regulations as may be necessary to carry into effect effectuate the provisions of Section 58-3-170.

Section 58-3-190.   (A)   All persons or corporations that are included within the definition of a 'public utility,' as defined in Section 58-5-10 as well as every motor vehicle carrier doing business in this State, except such as are municipally owned and operated, shall promptly, when required by the Public Service Commission, furnish to the Commission a full and detailed report and information concerning its business affairs or any matter pertaining thereto, as shall be specified in such requirement, and shall with like promptness answer fully all questions and interrogatories which may be propounded by the Commission. The commission has the authority to require periodic written reports to be submitted by persons or entities subject to its jurisdiction. Such reports must relate to matters within the jurisdiction of the commission and must be filed with the commission and provided to the Office of Regulatory Staff.

(B)   If, in the judgment of the commission, any report referred to in subsection (A) is not furnished within a reasonable time or does not satisfactorily address the matters the commission requires to be addressed in such reports, the commission must give the person or entity written notice of the reasons why the report is not satisfactory, and the person or entity shall have a reasonable time period in which to comply with the requirements of the notice.

(C)   The commission may request the Office of Regulatory Staff to make, pursuant to Section 58-4-50(A)(2), an inspection, audit, or examination of the persons or entities referred to in subsection (A) regarding matters the commission requires to be addressed in the reports referred to in subsection (A).

Section 58-3-200.   If, in the judgment of the Commission, the information or reports referred to in Section 58-3-190 are not furnished within a reasonable time or the questions or interrogatories referred to in said section are not answered fully within a reasonable time or, if so furnished and answered, are not satisfactory to the Commission, the Commission shall give by written notice to such person or corporation the particulars in which such information, reports or answers to such questions or interrogations are not satisfactory and such person or corporation shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned. The commission has the authority to initiate inspections, audits, and examinations of all persons and entities subject to its jurisdiction. Such inspections, audits, and examinations must relate to matters within the commission's jurisdiction. Notwithstanding any other provision of law, the commission must not conduct such inspections, audits, and examinations itself, but must request that they be conducted by the Office of Regulatory Staff pursuant to Section 58-4-50(A)(2).

Section 58-3-220.   All One-half of all penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the Commission shall commission must be paid over one half into the State Treasury state treasury, and the other half into the county treasury of the county in which the suit is brought imposing the penalty or forfeiture so collected,. such The revenues accruing from such these collections to must be used for general State state and county purposes.

Section 58-3-225.   (A)   Hearings conducted before the Public Service Commission shall commission must be conducted under dignified and orderly procedures designed to protect the rights of all parties. If a commissioner is absent from or leaves the hearing for fifteen consecutive minutes or longer, the commission must recess the hearing until the commissioner is present, or the commissioner may not participate in the deliberations or vote on the matter. If a commissioner is absent from or leaves the hearing for less than fifteen consecutive minutes, the commission shall cause the record of the proceeding to reflect the absence and the duration of the absence.

(B)   All persons appearing in a representative capacity before the Commission commission in its proceedings should conform to the standards of ethical conduct required of attorneys practicing before the courts of this State.

(C)   Any person, firm, or corporation who disregards Commission commission orders after due notice or who engages in conduct calculated to bring the due and orderly course of Commission commission proceedings into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the proceedings may, by order of the Commission commission or its presiding officer, be ejected for the remainder of that day from such the proceedings. If that person, firm, or corporation engages in further conduct resulting in ejection for a second day or portion thereof in the same proceeding, he shall must also be declared in contempt and cited for such to any circuit judge, who may punish by a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both. Such The proscribed conduct shall include includes, but is not be limited to, any person, firm, or corporation intentionally delaying the proceedings by the injection of matters determined not to be relevant after a proper warning that such the matters shall not be pursued.

(D)   The above provision shall provisions of this section must not be construed as limiting any powers of the Commission commission under existing law.

(E)   A party may withdraw its petition, application, complaint, counterclaim, cross-claim, or third-party claim from any commission docket one time as a matter of right, and without prejudice, provided that it does so prior to the later of the date that responsive pleadings are filed or the date that the withdrawing party's direct testimony addressing such petition, application, complaint, counterclaim, cross-claim, or third-party claim is due to be filed with the commission. A party may thereafter withdraw its petition, application, complaint, counterclaim, cross-claim, or third-party claim from any commission docket only upon order of the commission and upon such terms and conditions as the commission considers proper.

Section 58-3-240.   (A)   As used in this section:

(1)   'privately owned privately-owned industrial park' means a privately owned privately-owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned 'Privately-owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;

(2)   'industrial premises' means a building, structure, plant, or facility which is located in a privately owned privately-owned industrial park and is owned or leased by an industrial user;

(3)   'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;

(4)   'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates, that offer offers or provide provides, or both, utility services to the public or any portion of it outside a privately owned privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned privately-owned industrial park; and

(5)   'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.

(B)   The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.

(C)   Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall must file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B).

Section 58-3-250.   (A)   All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings and must include:

(1)   findings and conclusions, and the reasons or bases therefor, upon all the material issues of fact or law presented in the record; and

(2)   the appropriate rule, order, sanction, relief, or statement of denial thereof.

(B)   A copy of every final order or decision under the seal of the commission must be served by registered or certified mail upon all parties to the proceeding or their attorneys. Service upon a party or upon the attorney must be made by mailing a copy to him at his last known address. If no address is known, however, service shall be made by leaving a copy with the chief clerk of the commission. The order takes effect and becomes operative when served unless otherwise designated and continues in force either for a period designated by the commission or until changed or revoked by the commission. If, in the judgment of the commission, an order cannot be complied with within the time designated, the commission may grant and prescribe additional time as is reasonably necessary to comply with the order and, on application and for good cause shown, may extend the time for compliance fixed in its order.

Section 58-3-260.   (A)   For purposes of this section:

(1)   'Proceeding' means a contested case, generic proceeding, or other matter to be adjudicated, decided, or arbitrated by the commission.

(2)   'Person' means a party to a proceeding pending before the commission, a member of the Office of Regulatory Staff, a representative of a party to a proceeding pending before the commission, individuals, corporations, partnerships, limited liability companies, elected officials of state government, and other public and elected officials.

(3)   'Communication' means the transmitting of information by any mode, including, but not limited to, oral, written, or electronic.

(4)   'Allowable ex parte communication briefing' means any communication that is conducted pursuant to the procedure outlined in Section 58-3-260(C)(6).

(5)   'Communication of supplemental legal citation' means the submission, subsequent to the submission of post-hearing briefs or proposed orders in a proceeding, of statutes, regulations, judicial or administrative decisions that are enacted, promulgated, or determined after the submission of post-hearing briefs or proposed orders.

(B)   Except as otherwise provided herein or unless required for the disposition of ex parte matters specifically authorized by law, a commissioner, hearing officer, or commission employee shall not communicate, directly or indirectly, regarding any issue that is an issue in any proceeding or can reasonably be expected to become an issue in any proceeding with any person without notice and opportunity for all parties to participate in the communication, nor shall any person communicate, directly or indirectly, regarding any issue that is an issue in any proceeding or can reasonably be expected to become an issue in any proceeding with any commissioner, hearing officer, or commission employee without notice and opportunity for all parties to participate in the communication.

(C)   The following communications are exempt from the prohibitions of Section 58-3-260(B):

(1)   a communication concerning compliance with procedural requirements if the procedural matter is not an area of controversy in a proceeding;

(2)   statements made by a commission employee who is or may reasonably be expected to be involved in formulating a decision, rule, or order in a proceeding, where the statements are limited to providing publicly available information about pending proceedings;

(3)   inquiries relating solely to the status of a proceeding, unless the inquiry: (a) states or implies a view as to the merits or outcome of the proceeding; (b) states or implies a preference for a particular party or which states why timing is important to a particular party; (c) indicates a view as to the date by which a proceeding should be resolved; or (d) is otherwise intended to address the merits or outcome or to influence the timing of a proceeding;

(4)   a communication made by or to commission employees that concerns judicial review of a matter that has been decided by the commission and is no longer within the commission's jurisdiction; however, if the matter is remanded to the commission for further action, the provisions of this section shall apply during the period of the remand;

(5)   where circumstances require, ex parte communications for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits are authorized provided:

(a)   the commissioner, hearing officer, or commission employee reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication; and

(b)   the commissioner, hearing officer, or commission employee makes provision promptly to notify all other parties of the substance of the ex parte communication and, where possible, allows an opportunity to respond.

(6)(a)   subject to the provisions of Chapter 4 of Title 30, communications, directly or indirectly, regarding any fact, law, or other matter that is or can reasonably be expected to become an issue in a proceeding for the purposes of an allowable ex parte communication briefing if:

(i)   the Executive Director of the Office of Regulatory Staff or his designee attends the briefing and files a written certification, within seventy-two hours of the briefing, attaching copies of all statements and all other matters filed by all persons pursuant to sub-subitems (ii), (iii), and (iv) of this subsection, with the chief clerk of the commission that such briefing was conducted in compliance with the provisions of this section and that each party, person, commissioner, or commission employee present has complied with the reporting and certification requirements of sub-subitems (ii), (iii), and (iv); and within twenty-four hours of the submission by the executive director, the commission posts on its web site the written certification, statements, and other matters filed by the executive director;

(ii)   each party, person, commissioner and commission employee present files a written, certified statement with the Executive Director of the Office of Regulatory Staff within forty-eight hours of the briefing accurately summarizing the discussions in full and attaching copies of any written materials utilized, referenced, or distributed;

(iii)   each party, person, commissioner and commission employee present, within forty-eight hours of the briefing, files a certification with the Executive Director of the Office of Regulatory Staff that no commitment, predetermination, or prediction of any commissioner's action as to any ultimate or penultimate issue or any commission employee's opinion or recommendation as to any ultimate or penultimate issue in any proceeding was requested by any person or party nor any commitment, predetermination, or prediction was given by any commissioner or commission employee as to any commission action or commission employee opinion or recommendation on any ultimate or penultimate issue;

(iv)   each commissioner or commission employee present at the allowable ex parte communication briefing grants to every other party or person requesting an allowable ex parte communication briefing on the same or similar matter that is or can reasonably be expected to become an issue in a proceeding, similar access and a reasonable opportunity to communicate, directly or indirectly, regarding any fact, law, or other matter that is or can reasonably be expected to become an issue in a proceeding under the provisions of Section 58-3-260(C)(6) and files a written, certified statement with the Executive Director of the Office of Regulatory Staff within forty-eight hours of the briefing stating that the commissioner or commission employee will comply with this provision;

(v)   the commission posts on its web site, at least five business days prior to the proposed briefing, a notice of each request for an allowable ex parte communication briefing that includes the date and time of the proposed briefing, the name of the person or party who requested the briefing, the name of each commissioner and commission employee whom the person or party has requested to brief, and the subject matter to be discussed at the briefing;

(vi)   the person or party initially seeking the briefing requests the briefing with sufficient notice, as required in sub-subitem (v), to allow the initial briefing to be held at least twenty business days prior to the hearing in the proceeding at which the matter that is the subject of the briefing is or can reasonably be expected to become an issue, and the initial briefing must be held at least twenty business days prior to the hearing in the proceeding; and

(vii)   any person or party desiring to have a briefing on the same or similar matter as provided for in sub-subitem (vi) requests a briefing with sufficient notice, as required in sub-subitem (v), to allow the briefing to be held at least ten business days prior to the hearing in the proceeding at which the matter that is the subject of the briefing is or can reasonably be expected to become an issue, and any such briefing must be held at least ten business days prior to the hearing in the proceeding.

(b)   any person or party may object to the attendance of the Executive Director of the Office of Regulatory Staff at an allowable ex parte communication briefing on the grounds of bias or a conflict of interest on the part of the executive director. Any such objection must be made in writing and must be filed with the executive director no later than twenty-four hours prior to the scheduled briefing. If the objecting person or party and the executive director agree upon a neutral person, that person shall serve in the executive director's stead and shall comply with the reporting and certification requirements of the executive director contained in sub-subitem (i) and the executive director shall comply with the requirements contained in sub-subitems (ii) and (iii). The costs of such person's services shall be charged to the party requesting the briefing and may be an allowable cost of the proceedings. If the objecting person or party and the executive director cannot agree upon a neutral person, the objecting person or party shall petition the Administrative Law Judge Division for the appointment of a neutral person to serve in the executive director's stead, and the petition shall be given priority over all other matters within the jurisdiction of the Administrative Law Judge Division. In the petition, the objecting party shall set forth the specific grounds supporting the objecting person's or party's allegation of bias or conflict on the part of the executive director and shall generally describe the matters to be discussed at the briefing. It shall not be sufficient grounds that the executive director is or is likely to be a party to a proceeding. The executive director shall be given an opportunity to respond. Part of the executive director's response shall include recommendations as to the experience required of the person to act in his stead. Upon a showing of actual bias or conflict of interest, the administrative law judge shall designate a person to act in the executive director's stead and that person shall comply with the reporting and certification requirements of the executive director contained in sub-subitem (i) and the executive director shall comply with the requirements contained in sub-subitems (ii) and (iii). Such person must have the expertise to act in the executive director's stead. The decision of the administrative law judge shall be considered interlocutory and not immediately appealable and may be appealed with the final order of the commission. The costs of such person's services shall be charged to the party requesting the briefing and may be an allowable cost of the proceedings.

(c)   should the Executive Director of the Office of Regulatory Staff desire to conduct an allowable ex parte communication briefing, the Chief Clerk of the commission shall appoint a neutral person who shall serve in the executive director's stead and that person shall comply with the reporting and certification requirements of the Executive Director of the Office of Regulatory Staff contained in sub-subitem (i). The Executive Director of the Office of Regulatory Staff shall comply with the requirements contained in sub-subitems (ii) and (iii).

(d)   nothing in Section 58-3-260(C)(6) requires any commissioner or commission employee to grant a request for an allowable ex parte communication briefing, except as provided in Section 58-3-260(C)(6)(a)(iv).

(7)   a communication of supplemental legal citation if the party files copies of such documents, without comment or argument, with the chief clerk of the commission and simultaneously provides copies to all parties of record.

(8)   subject to the provisions of Chapter 4 of Title 30, communications between and among commissioners regarding matters pending before the commission; provided, further, that any commissioner, hearing officer, or commission employee may receive aid from commission employees if the commission employees providing aid do not:

(a)   receive ex parte communications of a type that the commissioner, hearing officer, or commission employee would be prohibited from receiving; or

(b)   furnish, augment, diminish, or modify the evidence in the record.

(D)   If before serving in a proceeding, a commissioner, hearing officer, or commission employee receives an ex parte communication of a type that may not properly be received while serving, the commissioner, hearing officer, or commission employee must disclose the communication in the following manner:

(1)   A commissioner, hearing officer, or a commission employee who receives an ex parte communication in violation of this section must promptly after receipt of the communication or, in the case of a communication prior to a filing, as soon as it is known to relate to a filing, place on the record of the matter all written and electronic communications received, all written and electronic responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the commissioner, hearing officer, or commission employee, as appropriate, received an ex parte communication and must advise all parties that these matters have been placed on the record. Within ten days after receipt of notice of the ex parte communication, any party who desires to rebut the contents of the communication must request and shall be granted the opportunity to rebut the contents. Parties affected by a violation may agree to a resolution of any claim regarding such violation, including the waiver of a hearing and the waiver of the obligation to report violations under Section 58-3-260(I).

(E)   Any person who makes an inadvertent ex parte communication must, as soon as it is known to relate to an issue in a proceeding, disclose the communication by placing on the record of the matter the communication made, if written or electronic, or a memorandum stating the substance of an inadvertent oral communication, and the identity of each person to whom the inadvertent ex parte communication was made or given. Within ten days after receipt of notice of the ex parte communication, any party who desires to rebut the contents of the communication must request and shall be granted the opportunity to rebut the contents. If no party rebuts the inadvertence of the ex parte communication within ten days after notice of the ex parte communication, the ex parte communication shall be presumed inadvertent. Parties affected by a violation may agree to a resolution of any claim regarding such violation, and the provisions of Section 58-3-260(J) shall not apply.

(F)   If necessary to eliminate the effect of an ex parte communication received in violation of this section, a commissioner, hearing officer, or commission employee who receives the communication may be disqualified by the commission, and the portions of the record pertaining to the communication may be sealed by protective order.

(G)   Nothing in this section alters or amends Section 1-23-320(i).

(H)   Nothing in this section prevents a commissioner, hearing officer, or commission employee from attending educational seminars sponsored by state, regional, or national organizations and seminars not affiliated with any utility regulated by the commission; however, the provisions of this section shall apply to any communications that take place outside any formal sessions.

(I)   Subject to any privilege under Rule 501 of the South Carolina Rules of Evidence, any commissioner, hearing officer, commission employee, party, or any other person must report any wilful violation of this section on the part of a commissioner, hearing officer, or commission employee to the review committee.

(J)   Any commissioner, hearing officer, commission employee, or person who wilfully violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars or imprisoned for not more than six months. If a commissioner wilfully communicates with any party or person or if any person or party wilfully communicates with a commissioner regarding any fact, law, or other matter that is or can reasonably be expected to become an issue in a proceeding less than ten business days prior to the scheduled hearing on the merits, during the hearing or after the hearing but prior to the issuance of a final order, including an order on rehearing, in a proceeding where such facts, law, or other matter is or can reasonably be expected to become an issue, the commissioner shall be removed from office. If a hearing officer or commission employee wilfully communicates with any party or person or any party or person wilfully communicates with a hearing officer or commission employee regarding any fact, law, or other matter that is or can reasonably be expected to become an issue in a proceeding less than ten days prior to the scheduled hearing on the merits, during the hearing or after the hearing but prior to the issuance of a final order, including an order on rehearing, in a proceeding where such facts, law, or other matter is or can reasonably be expected to become an issue, the hearing officer or commission employee shall be terminated from employment by the commission. For purposes of this section: (1) 'wilful' means an act done voluntarily and intentionally with the specific intent to do something the law forbids, or with specific intent to fail to do something the law requires to be done, that is to say with bad purpose either to disobey or disregard the law, and (2) a violation of the provisions of this section must be proved by clear and convincing evidence before a commissioner, hearing officer, or commission employee can removed from office or terminated from employment.

Section 58-3-270.   (A)   Any party seeking remedial relief from alleged violations of Section 58-3-260 may file a complaint with the Administrative Law Judge Division.

(B)   A complaint seeking sanctions must include the following:

(1)   the name and address of the complainant;

(2)   the name and address of complainant's counsel, if any;

(3)   the name and address of each person alleged to have violated the ex parte prohibition (hereinafter referred to as respondent);

(4)   the name and address of each respondent's counsel, if known;

(5)   the facts constituting the alleged violation; and

(6)   the sanctions sought by the complainant.

(C)   A complaint filed under this section must be served on the commission; each respondent; respondent's counsel, if known; and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.

(D)   Within seven days of service of the complaint, a respondent must file an answer with the Administrative Law Judge Division and serve it on the complainant, the commission, and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.

(E)   The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division may issue an order tolling any deadlines imposed by any state statute for a decision by the commission on the proceeding that is the subject of the ex parte communication complaint. The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division must conduct a hearing and must issue a decision within sixty days after the complaint is filed.

(F)   The decision of the administrative law judge must describe the relevant facts of the case and must set forth the judge's findings as to whether the ex parte communication was in violation of Section 58-3-260. The judge also must impose sanctions in accordance with subsection (G) of this section. In imposing these sanctions, the judge, as a matter of equity, must protect: (1) the rights and interests of parties who are not alleged to have violated Section 58-3-260, and (2) the public interest in general.

(G)   In his decision, the administrative law judge may impose the following sanctions:

(1)   dismiss the proceeding if the prohibited ex parte communication has so prejudiced the proceeding that the commission cannot consider the matter impartially;

(2)   issue an adverse ruling on a pending issue that is the subject of the prohibited ex parte communication if other parties are prejudiced by the prohibited ex parte communication;

(3)   strike evidence or pleadings if the evidence or pleadings are tainted by the prohibited ex parte communication;

(4)   issue a public statement of censure or explanation, if it is determined that the prohibited ex parte communication occurred but mitigating circumstances exist that:

(a)   negate the need for a more severe sanction;

(b)   indicate that the proceeding was not prejudiced to the extent that the commission is unable to consider the matter in the proceeding impartially;

(c)   indicate that the ex parte communication did not prejudice other parties; or

(d)   indicate that the ex parte communication did not taint the evidence or pleadings.

(H)   If the administrative law judge finds the complainant's allegation of an ex parte violation was interposed for any improper purpose, such as to harass or cause unnecessary delay or increase the cost of the proceeding, the administrative law judge may issue an appropriate sanction against the complainant.

(I)   Any decision of an administrative law judge pursuant to this section shall be considered interlocutory in nature and is not immediately appealable until a final order of the commission has been issued. Any appeal of a decision of an administrative law judge pursuant to this section must be included in and made in the same manner as an appeal of the final order of the commission in the subject proceeding.

Section 58-3-280.   A commissioner must not be employed or retained by a public utility for a period of at least one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."

SECTION   5.   Chapter 3 of Title 58 of the 1976 Code is amended by adding:

Section 58-3-510.   There is hereby established a committee to be known as the State Regulation of Public Utilities Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.

Section 58-3-520.   (A)   The review committee shall be composed of ten members, three of whom shall be members of the House of Representatives, including the Chairman of the Labor, Commerce and Industry Committee, or his designee, three of whom shall be members of the Senate, including the Chairman of the Judiciary Committee or his designee, two of whom shall be appointed by the Chairman of the Senate Judiciary Committee from the general public at-large, and two of whom appointed by the Speaker of the House of Representatives from the general public at-large. The Speaker of the House of Representatives shall determine how its legislative members shall be selected. The Chairman of the Senate Judiciary Committee will select the members of the Senate. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the Speaker and the Chairman of the Senate Judiciary Committee must be representative of all citizens of this State and must not be members of the General Assembly.

(B)   The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of six members.

(C)   Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Public Service Commission or for the Executive Director of the Office of Regulatory Staff, the candidate must not be elected to the Public Service Commission or appointed to serve as Executive Director of the Office of Regulatory Staff.

Section 58-3-530.   The review committee has the following powers and duties:

(1)   to nominate:

(a)   no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the requirements as provided in Sections 58-3-20 and 58-3-560;

(b)   no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Regulatory Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. The review committee must give due consideration to a candidate's experience and expertise in matters related to public utilities. A person must not be appointed to serve as Executive Director of the Office of Regulatory Staff unless nominated by the review committee. If the Governor rejects a person nominated for the position of executive director by the review committee, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment;

(2)   notwithstanding any other provision of law, to set the salary of the Executive Director of the Office of Regulatory Staff;

(3)   to conduct an annual performance review of each member of the commission, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;

(4)   to evaluate the actions of the commission, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;

(5)   to develop and distribute to each party and its representatives appearing before the commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following:

(a)   knowledge and application of substantive utility issues; ability to perceive relevant issues;

(b)   absence of influence by political considerations;

(c)   absence of influence by identities of lawyers;

(d)   absence of influence by identities of litigants;

(e)   courtesy to all persons appearing before the commission; and

(f)   temperament and demeanor in general; preparation for hearings; and attentiveness during hearings;

(6)   to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the commission. A proposed draft of the evaluation must be submitted to the commission prior to submission to the General Assembly, and the commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;

(7)   to conduct an annual performance review of the Executive Director of the Office of Regulatory Staff, which must be submitted to the General Assembly. A draft of the executive director's performance review must be submitted to the executive director, and the executive director must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly;

(8)   to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the Office of Regulatory Staff. A proposed draft of the evaluation must be submitted to the Office of Regulatory Staff prior to submission to the General Assembly, and the Office of Regulatory Staff must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;

(9)   to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Regulatory Staff;

(10)   to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;

(11)   to submit a letter with the annual budget proposals of the Office of Regulatory Staff and the Public Service Commission, indicating the review committee has reviewed and approved the proposals;

(12)   to appoint a committee from the general public at-large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, members or employees of the Public Service Commission, or the executive director or employees of the Office of Regulatory Staff; and

(13)   to undertake such additional studies or evaluations as the Review Committee considers necessary.

Section 58-3-540.   (A)   The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the Review Committee and payable by the authorities from which they are appointed, except as provided in Section 58-3-540(B).

(B)   The expenses associated with the review committee's duties to qualify and nominate candidates for the commission and the Executive Director of the Office of Regulatory Staff, to develop and distribute surveys, to develop an annual workshop on ethics and the Administrative Procedures Act, and to undertake studies shall be borne by the public utilities subject to the jurisdiction of the Public Service Commission. On or before the first day of July in each year, the Department of Revenue must assess each public utility its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State. The review committee must certify to the Department of Revenue annually on or before May first the amounts to be assessed. The expenses of the review committee shall be advanced by a legislative body and the legislative body incurring such expense shall be reimbursed by the State at such time as the funds have been collected from the corporations liable therefor and, when collected, placed in the state treasury.

Section 58-3-550.   (A)   The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.

(B)   The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.

(C)   The review committee may employ consultants to assist in identifying candidates for the Executive Director of the Office of Regulatory Staff.

(D)   Except as provided in Section 58-3-540(B), the costs and expenses of the review committee must be funded in the annual state appropriation act.

Section 58-3-560.   (A)   Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee.

(B)   In order to be nominated for a seat on the commission, candidates must meet the requirements of Section 58-3-20 and this section. In screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:

(1)   ability, dedication, compassion, common sense, and integrity of the candidates; and

(2)   the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State.

Section 58-3-570.   The review committee may conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2006.

Section 58-3-580.   No later than June 30, 2004, the review committee must allocate personal service positions within the commission to either the commission or the Office of Regulatory Staff. The review committee must organize appropriate divisions within the commission and, as submitted by the executive director, within the Office of Regulatory Staff. Notwithstanding any other provision of law, the review committee is authorized to approve position descriptions and compensation schedules for each position within the Office of Regulatory Staff. Notwithstanding any other provision of law, the salary of the Executive Director of the Office of Regulatory Staff shall not be construed as limiting the maximum salary that may be paid to other employees of the Office of Regulatory Staff. The review committee's authority to reorganize the agencies and assign personal service positions supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Regulatory Staff has sole authority to select and employ personnel of the Office of Regulatory Staff. On and after June 30, 2004, a commission employee whose position is transferred to the Office of Regulatory Staff is, upon application to the executive director, entitled only to due consideration for the position."

SECTION   6.   Title 58 of the 1976 Code is amended by adding:

Section 58-4-5.   As used in this chapter:

(1)   'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.

(2)   'Immediate family' means an individual who is:

(a)   a child residing in the person's household;

(b)   a spouse of the person; or

(c)   an individual claimed by the person or the person's spouse as a dependent for income tax purposes.

(3)   'Commission' means the Public Service Commission.

(4)   'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.

(5)   'Regulatory Staff' means the executive director or the executive director and employees of the Office of Regulatory Staff.

(6)   'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.

(7)   'Review Committee' means the State Regulation of Public Utilities Review Committee.

Section 58-4-10.   (A)   There is hereby created the Office of Regulatory Staff as a separate agency of the State with the duties and organizations as hereinafter provided.

(B)   Unless and until it chooses not to participate, the Office of Regulatory Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The regulatory staff must represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means a balancing of the following:

(1)   concerns of the using and consuming public with respect to public utility services, regardless of the class of customer;

(2)   economic development and job attraction and retention in South Carolina; and

(3)   preservation of the financial integrity of the State's public utilities and continued investment in and maintenance of utility facilities so as to provide reliable and high quality utility services.

(C)   The Office of Regulatory Staff is subject to the provision of Section 58-3-260 prohibiting ex parte communications with the commission, and any advice given to the commission by the regulatory staff must be given in a form, forum, and manner as may lawfully be given by any other party or person.

Section 58-4-20.   (A)   The Office of Regulatory Staff shall consist of the executive director, transportation inspectors, pipeline safety inspectors, railway safety inspectors, and other professional, administrative, technical, and clerical personnel as may be necessary in order for the regulatory staff to represent the public interest, as hereinafter provided. All such personnel must be appointed, supervised, and directed by the executive director.

(B)   The regulatory staff is not subject to the supervision, direction, or control of the commission, the chairman, or members of the commission.

(C)   The Office of Regulatory Staff must not be physically housed in the same location as the Public Service Commission. The Review Committee must approve the location of the Office of Regulatory Staff.

Section 58-4-30.   (A)   The Executive Director of the Office of Regulatory Staff must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience and must be appointed pursuant to the procedure set forth in Section 58-3-530(1)(b).

(B)   The review committee must nominate one candidate as qualified to serve as executive director for the Governor's consideration.

(1)   A person must not be appointed to serve as Executive Director of the Office of Regulatory Staff unless the review committee nominates the person.

(2)   If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment.

(C)   The executive director must be appointed by the Governor for a term of six years and until his successor is appointed.

(D)   The executive director must be initially appointed by the Governor on or before May 1, 2004. Thereafter, the executive director must be appointed by the Governor on or before April first of the year in which the term of the executive director begins.

(E)   The initial term of office for the executive director begins July 1, 2004.

(F)   The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C).

(G)   In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's successor must be submitted by the review committee to the Governor.

(H)   The executive director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.

(I)   The Office of Regulatory Staff shall be subject to annual review by the review committee; however, decisions of the Office of Regulatory Staff with respect to duties and responsibilities contained in Section 58-4-50 are in the sole discretion of the executive director, except as modified by order of a court of competent jurisdiction.

(J)   The salary of the executive director must be set by the review committee.

Section 58-4-40.   (A)   Unless otherwise provided by law, no person may serve as the Executive Director of the Office of Regulatory Staff if the commission regulates any business with which that person is associated.

(B)   If the commission regulates a business with which an employee of the Office of Regulatory Staff is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.

(C)   No person may be an employee of the Office of Regulatory Staff if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.

Section 58-4-50.   (A)   It is the duty and responsibility of the regulatory staff to:

(1)   when considered necessary by the Executive Director of the Office of Regulatory Staff and in the public interest, review, investigate, and make appropriate recommendations to the commission with respect to the rates charged or proposed to be charged by any public utility;

(2)   when considered necessary by the Executive Director of the Office of Regulatory Staff and in the public interest, make inspections, audits, and examinations of public utilities regarding matters within the jurisdiction of the commission. The regulatory staff has sole responsibility for this duty but shall also make such inspections, audits, or examinations of public utilities as requested by the commission;

(3)   when considered necessary by the Executive Director of the Office of Regulatory Staff and in the public interest, review, investigate, and make appropriate recommendations to the commission with respect to the service furnished or proposed to be furnished by any public utility;

(4)   represent the public interest in commission proceedings, hearings, rulemakings, adjudications, arbitrations, and other regulatory matters unless the Executive Director of the Office of Regulatory Staff chooses to opt out as a participant under the provisions of item 10;

(5)   investigate complaints affecting the public interest generally, including those which are directed to the commission, commissioners, or commission employees, and where appropriate, make recommendations to the commission with respect to these complaints;

(6)   upon request by the commission, make studies and recommendations to the commission with respect to standards, regulations, practices, or service of any public utility pursuant to the provisions of this title;

(7)   make recommendations to the commission with respect to standards, regulations, practices, or service of any public utility pursuant to the provisions of this title;

(8)   when considered necessary by the Executive Director of the Office of Regulatory Staff and in the public interest, provide legal representation of the public interest before state courts, federal regulatory agencies, and federal courts in proceedings that could affect the rates or service of any public utility;

(9)   to serve as a facilitator or otherwise act directly or indirectly to resolve disputes and issues involving matters within the jurisdiction of the commission;

(10)   when considered appropriate by the Executive Director of the Office of Regulatory Staff and not adverse to the public interest, choose to not participate in any commission proceeding; and

(11)   when considered necessary by the Executive Director of the Office of Regulatory Staff and in the public interest, educate the public on matters affecting public utilities which are of special interest to consumers.

(B)   Subject to the provisions of Section 58-3-260 and, upon request, the Executive Director of the Office of Regulatory Staff must employ the resources of the regulatory staff to furnish to the commission, or its members, such information and reports or conduct such investigations and provide other assistance as may reasonably be required in order to supervise and control the public utilities of the State and to carry out the laws providing for their regulation.

(C)   Each year, the Executive Director of the Office of Regulatory Staff and the regulatory staff employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the review committee.

Section 58-4-55.   (A)   The regulatory staff, in accomplishing its responsibilities under Section 58-4-50, may require the production of books, records, and other information that, upon request of the regulatory staff, must be submitted under oath. If the books, records, or other information provided do not appear to disclose full and accurate information and, if such apparent deficiencies are not cured after reasonable notice, the regulatory staff may require the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the regulatory staff may designate and the expense of making the necessary examination or inspection for the procuring of the information must be paid by the party examined or inspected, to be collected by the regulatory staff by suit or action, if necessary. If, however, the examination and inspection and the reports thereof disclose that full and accurate information had previously been made, the expense of making the examination and inspection must be paid out of the funds of the regulatory staff.

(B)   If the regulatory staff intiates an inspection, audit, or examination of a public utility, the public utility that is the subject of the inspection, audit, or examination may petition the commission to terminate or limit the scope of such inspection, audit, or examination. The commission must grant such petition if it finds that such inspection, audit, or examination is arbitrary, capricious, unnecessary, unduly burdensome, or unrelated to the public utility's regulated operations.

(1)   If such an inspection, audit, or examination is not part of a contested case proceeding, the public utility may also raise objections or seek relief available under the South Carolina Rules of Civil Procedure to a party upon whom discovery is served or to a person upon whom a subpoena is served. The commission shall provide the regulatory staff reasonable notice to respond to any such objection or request. Absent the consent of the public utility raising such an objection or request and the Office of Regulatory Staff, the commission must rule on such an objection or request within sixty days of the date it was filed. During the pendency of the commission's ruling, the public utility making such an objection or request is not required to produce or provide access to any documents or information that is the subject of the objection or request.

(2)   If such an inspection, audit, or examination is part of a contested case proceeding, the commission shall address objections to information sought by the regulatory staff in the same manner in which it addresses objections to discovery issued by the parties to the contested case proceeding.

(C)   Any public utility that provides the regulatory staff with copies of or access to documents or information in the course of an inspection, audit, or examination that is not part of a contested case proceeding may designate any such documents or information as confidential or proprietary if it believes in good faith that such documents or information would be entitled to protection from public disclosure under the South Carolina Rules of Civil Procedure or any provision of South Carolina or federal law. The regulatory staff may petition the commission for an order that some or all of the documents so designated are not entitled to protection from public disclosure and it shall be incumbent on the utility to prove that such documents are entitled to protection from public disclosure under the South Carolina Rules of Civil Procedure or any provision of South Carolina or federal law. The commission shall rule on such petition after providing the regulatory staff and the utility an opportunity to be heard. Unless the commission's order on such a petition contains a finding to the contrary, all documents or information designated as confidential or proprietary pursuant to this subsection are exempt from public disclosure under Sections 30-4-10 et seq. and the regulatory staff shall not disclose such documents and information, or the contents thereof, to any member of the commission or to any other person or entity; provided however, that, if the commission determines that it is necessary to view such documents or information in order to rule on such a petition, it shall order the regulatory staff to file the documents or information with the commission under seal, and such documents or information shall not be available for public inspection during the pendency of the petition.

(D)   Nothing in this section restricts the regulatory staff's ability to serve discovery in a contested case proceeding that seeks the type of documents or information the regulatory staff has obtained in the course of any review, investigation, inspection, audit, or examination, nor does anything in this section restrict the ability of any public utility to object to such discovery or to seek relief regarding such discovery, including without limitation the entry of a protective order.

Section 58-4-60.   (A)   The Office of Regulatory Staff must be staffed and equipped to perform the functions described in Section 58-4-50. The expenses of the office must be paid as set forth in Section 58-3-100 and this section. The executive director, within established budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related necessary expenses of the executive director or regulatory staff incurred while traveling on official business.

(B)   The expenses of the Transportation Department of the Office of Regulatory Staff, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Office of Regulatory Staff must be borne by the railroad companies subject to the commission's jurisdiction according to their gross income from operations in this State.

All other expenses of the Office of Regulatory Staff must be borne by the public utilities subject to the jurisdiction of the commission. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration, into the state treasury as other taxes collected by the Department of Revenue for the State.

(C)   The Office of Regulatory Staff must certify to the Department of Revenue annually on or before May first the amounts to be assessed.

(D)   The Office of Regulatory Staff shall operate as an other-funded agency.

(E)   The appropriation for the Office of Regulatory Staff shall be advanced by the State until such time as funds have been collected from the corporations liable therefor and, when collected, must be placed in the state treasury.

Section 58-4-80.   The executive director representing the regulatory staff is considered to have an interest sufficient to maintain actions for judicial review from commission orders or decisions and may, as of right and in a manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of commission action that the executive director determines may substantially affect the public interest. This right includes intervention in any action for judicial review from commission orders or decisions that are pending at any stage of the action. The executive director representing the regulatory staff has the same rights of appeal from commission orders or decisions as other parties to commission proceedings.

Section 58-4-90.   Except as required by Section 58-4-50, decisions relating to whether, when, or how to initiate, continue, participate, or intervene in proceedings pursuant to Section 58-4-50 are in the sole discretion of the executive director, except as modified by order of a court of competent jurisdiction.

Section 58-4-100.   To the extent necessary to carry out regulatory staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary to assist the regulatory staff in its participation in commission proceedings. The compensation paid to these persons may not exceed compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings upon order of the commission or from the regulatory staff's budget. If paid by the public utility or utilities, the compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the review committee, the Speaker of the House of Representatives, and the Chairman of the Senate Judiciary Committee.

Section 58-4-110.   The regulatory staff must make and publish annual reports to the General Assembly on its activities in the interest of the using and consuming public.

Section 58-4-120.   Rules governing the internal administration and operations of the Office of the Regulatory Staff must be promulgated by the office and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. After submission to the House of Representatives, the Speaker shall refer the rules to the Labor, Commerce and Industry Committee. After submission to the Senate, the President shall refer the rules to the Judiciary Committee.

Section 58-4-130.   The executive director must not interview or seek employment with a public utility while serving as executive director. The executive director may not represent or appear on behalf of a public utility in any proceeding before the commission in any matter within the commission's jurisdiction for one year after serving as executive director. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."

SECTION   7.   Section 58-27-865(A)   of the 1976 Code, as amended by Act 348 of 1996, is further amended to read:

"(A)(1)   The words 'fuel cost' as used in this section shall include the cost of fuel, fuel costs related to purchased power, and the cost of SO2 emission allowances as used and shall must be reduced by the net proceeds of any sales of SO2 emission allowances by the utility.

(2)   In order to clarify the intent of this section, 'fuel costs related to purchased power,' as used in subsection (A)(1) shall include:

(a)   costs of 'firm generation capacity purchases,' which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels; costs of firm generation capacity purchases include the total delivered costs of firm generation capacity purchased and shall exclude generation capacity reservation charges, generation capacity option charges, and any other capacity charges;

(b)   the total delivered cost of economy purchases of electric power including, but not limited to, transmission charges; 'economy purchases' are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility's avoided variable costs for the generation of an equivalent quantity of electric power."

SECTION   8.   (A)   On or before January 1, 2005, the Code Commissioner must prepare and deliver to the State Regulation of Public Utilities Review Committee, a report of all code references and other references and provisions in Title 58 which he considers in need of correction or modification as a result of the provisions of this act.

(B)   The Code Commissioner is directed to insert the date this act is approved in place of the language "the date this act is approved" as used in Section 58-3-10.

SECTION   9.   The Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 3, 2004, at 12:00 noon, to elect successors to the seven-member Public Service Commission whose current terms expired June 30, 2002. All nominations must be made by the Committee to Review Candidates for the Public Service Commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

SECTION   10.   Section 58-3-80, Section 58-3-145, and Section 58-3-160 are repealed on the date this act is approved. Section 58-3-26 is repealed March 4, 2004. Section 58-3-95, Section 58-3-150, and Section 58-3-210 are repealed January 1, 2005. Section 58-3-120 is repealed January 1, 2005; however, the repeal of this provision will not affect any pending cases in which the Attorney General is a party before the commission or otherwise affect the authority of the Attorney General.

SECTION   11.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   12.   (1)   Section 8-13-935, as contained in SECTION 2, Section 37-6-601, as contained in SECTION 3, Section 37-6-602, as contained in SECTION 3, Section 37-6-603, as contained in SECTION 3, Section 37-6-608, as contained in SECTION 3, Section 37-6-609, as contained in SECTION 3, Section 58-3-5, as contained in SECTION 4, Section 58-3-10, as contained in SECTION 4, Section 58-3-20(A), as contained in SECTION 4, Section 58-3-20(B), as contained in SECTION 4, Section 58-3-20(C), as contained in SECTION 4, Section 58-3-20(D), as contained in SECTION 4, Section 58-3-20(F), as contained in SECTION 4, Section 58-3-24, as contained in SECTION 4, Section 58-3-25, as contained in SECTION 4, Section 58-3-30, as contained in SECTION 4, Section 58-3-40, as contained in SECTION 4, Section 58-3-50, as contained in SECTION 4, Section 58-3-70, as contained in SECTION 4, Section 58-3-90, as contained in SECTION 4, Section 58-3-100, as contained in SECTION 4, Section 58-3-110, as contained in SECTION 4, Section 58-3-142, as contained in SECTION 4, Section 58-3-170, as contained in SECTION 4, Section 58-3-180, as contained in SECTION 4, Section 58-3-220, as contained in SECTION 4, Section 58-3-240, as contained in SECTION 4, Section 58-3-250, as contained in SECTION 4, Section 58-3-280, as contained in SECTION 4, Section 58-27-865, as contained in SECTION 7, SECTION 8, SECTION 9, SECTION 10, and SECTION 11 take effect upon approval by the Governor.

(2)   Section 1-3-240(C), as contained in SECTION 1, Article 5 of Chapter 3 of Title 58, as contained in SECTION 5, Section 58-4-30, as contained in SECTION 6, Section 58-4-40, as contained in SECTION 6, take effect March 4, 2004.

(3)   Section 58-3-20(E), as contained in SECTION 4, Section 58-3-225, as contained in SECTION 4, Section 58-4-5, as contained in SECTION 6, Section 58-4-10(A), as contained in SECTION 6, Section 58-4-10(C), as contained in SECTION 6, Section 58-4-20, as contained in SECTION 6, Section 58-4-60, as contained in SECTION 6, Section 58-4-90, as contained in SECTION 6, Section 58-4-100, as contained in SECTION 6, Section 58-4-110, as contained in SECTION 6, Section 58-4-120, as contained in SECTION 6, and Section 58-4-130, as contained in SECTION 6, take effect July 1, 2004.

(4)   Section 37-6-604, as contained in SECTION 3, Section 37-6-605, as contained in SECTION 3, Section 37-6-606, as contained in SECTION 3, Section 37-6-607, as contained in SECTION 3, Section 58-3-60, as contained in SECTION 4, Section 58-3-130, as contained in SECTION 4, Section 58-3-140, as contained in SECTION 4, Section 58-3-190, as contained in SECTION 4, Section 58-3-200, as contained in SECTION 4, Section 58-3-260, as contained in SECTION 4, Section 58-3-270, as contained in SECTION 4, Section 58-4-10(B), as contained in SECTION 6, Section 58-4-50, as contained in SECTION 6, Section 58-4-55, as contained in SECTION 6, Section 58-4-80, as contained in SECTION 6, take effect January 1, 2005.     /

Amend title to conform.

/s/Thomas L. Moore                /s/Douglas Jennings, Jr.
/s/Robert L. Waldrep, Jr.         /s/Harry F. Cato
/s/Thomas C. Alexander            /s/William E. Sandifer III
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Ladies and Gentlemen of the Senate:

I feel that it is imperative that I congratulate each of you for having the resolve over the past two years to insist upon meaningful reform of the Public Service Commission. When the late Senator HOLLAND, Senator ALEXANDER, and Senator RAVENEL identified the challenges facing the commission during the screening of commission candidates in 2002, very few of us would have predicted that it would take two years to create legislation to resolve these problems. I, personally, often wondered whether there was a legislative will to ever resolve these matters. Senator HOLLAND, during one of our Judiciary Committee meetings, referred to the commission as a volcano waiting to erupt. He believed that everyone in the General Assembly knew about it but, for decades, had chosen to look the other way. Senator HOLLAND urged us to not look the other way and to give the people of South Carolina quality public utility regulation. I am very proud today that we have taken one of two very necessary steps toward reaching that goal.

When the General Assembly enacts S. 208, it will have created a statutory platform for our commission to become more judicial in nature, and, in the long term, more qualified. S. 208 will also serve the people of South Carolina well in bringing an effective, balanced consumer advocate into existence in the form of the Executor Director of the Office of Regulatory Staff. However, a second step is necessary for there to be full reform. The Office of Regulatory Staff and the commission must transition into their new roles under the supervision of a Screening and Review Committee made up of six legislators and four public members. This screening committee must rise to meet the challenge of picking a well-qualified nominee to recommend to the Governor to head the Office of Regulatory Staff. This same screening committee must stay alert to ensuring that the Public Service Commission transitions to a different culture where its role is judicial. I believe that our Senate members serving on this committee (Senators ALEXANDER, MOORE and RAVENEL) and our two public members (former Senator CORK and Columbia attorney Helen Zeigler) will meet these challenges head-on. I urge you to fully support their efforts, including ensuring that proper funding is available for both the commission and Office of Regulatory Staff.

Finally, I would like to congratulate and thank several persons whose hard work has ensured the passage of this very important piece of consumer protection legislation. Senator ALEXANDER has been there from the beginning, when the screening committee first identified the problems, and stayed through the end, when the Conference Committee identified solutions. Senator MOORE and Senator WALDREP, your other conferees, deserve a large measure of credit for the Senate prevailing on issues such as physical and functional separation of the commission from its advocacy staff, creation of enforceable ex parte prohibitions, and the design of a functioning and effective Office of Regulatory Staff. I would also like to bring to your attention a staff member who has quietly worked with this effort for two years. Nancy Coombs, former Deputy Consumer Advocate for South Carolina, has brought a wealth of knowledge and a supreme level of personal dedication to ensuring that the legislative work product is one that we can all be proud of. I wish to thank her specifically for her efforts.

I hope you will join with me today in giving our full support not only to this Free Conference Report but also to the long-term success of this reform effort.

Thank you.

On motion of Senator COURSON, with unanimous consent, the remarks of Senator McCONNELL were ordered printed in the Journal.

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

H. 4544 (Word version) -- Rep. Harvin: A BILL TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

On motion of Senator LAND.

Mr. Jeffrey S. Gossett
Clerk of the Senate
State House
Columbia, SC 29201

Dear Mr. Gossett:

The State Election Commission has certified to this office that the Honorable Vincent Sheheen, listed on the attached sheet, received the greatest number of votes cast for Senator for Senate District #27 at a special election held February 3, 2004, for Chesterfield, Kershaw, Lancaster and Marlboro Counties.

The Honorable Vincent Sheheen is hereby certified as set forth in the attached Commission as the duly and properly elected member of the Senate.

Sincerely,
Mark Hammond
Secretary of State

The Honorable Mark Hammond
Secretary of State
P. O. Box 11350
Columbia, SC 29211

Dear Mr. Secretary:

The State Election Commission, in its capacity as the State Board of Canvassers, hereby certifies that Mr. Vincent Sheheen was the declared winner in Chesterfield, Kershaw, Lancaster and Marlboro Counties for Senate District #27 special election held on February 3, 2004.

(*Winner)

Vincent Sheheen     Steve Kelly
Chesterfield County           3072             1453
Kershaw County               4472             3083
Lancaster County             283             293
Marlboro County             115               12

7942             4841

Enclosed is a copy of the results. Please call me if you have any questions.

Sincerely,
/s/ Marci Andino
Executive Director

On motion of Senator LEATHERMAN, with unanimous consent, the Privilege of the Chamber and the Privilege of the Floor was extended to Senator SHEHEEN and his family.

On motion of Senator LEATHERMAN, with unanimous consent, Senator SHEHEEN presented himself at the Bar and the oath of office was administered.

On motion of Senator McCONNELL, with unanimous consent, Senator SHEHEEN was granted leave to address the Senate with brief remarks.

Thank you distinguished members of the Senate.

It is a great honor to serve with you in this august body, surpassed only by the honor of being chosen by the people of Senate District #27 to represent them here.

I look forward to hard work, new friendships and collaborative accomplishments for the good of the State of South Carolina.

Thank you for welcoming me here.

On motion of Senator McCONNELL, with unanimous consent, Senator SHEHEEN's remarks were ordered printed in the Journal.

On motion of Senator FAIR, with unanimous consent, Chaplain George E. Meetze presented a Bible to Senator SHEHEEN.

Ladies and gentlemen, as Chaplain of the South Carolina Senate for more than 50 years, it is my very high honor to present to our new Senator SHEHEEN, the love, the congratulations of the State of South Carolina and especially this wonderful group known as the Senate of South Carolina.

There are a few things that might separate us, Senator, but there are a few things that will forever unite us. You will hear many debates, many differences of opinion, but, somehow, all of those things will be connected with this Bible. The members of the General Assembly of South Carolina take the oath very seriously that we are one nation under God. Consensus will be found in this Book. Friendships are reflected in this Book and our highest loyalties are in this Book. God bless you. It's a pleasure to have you with us.

On motion of Senator ELLIOTT, with unanimous consent, Chaplain Meetze's remarks, were ordered printed in the Journal.

Senator McCONNELL rose for an Expression of Personal Interest.

Senator LAND rose for an Expression of Personal Interest.

Pursuant to Rule 4B, Senator McCONNELL moved that the Senate proceed to seating selections.

The Reading Clerk called the seniority roll for the purpose of seating selections as follows:

Seat 1     Senator McConnell
Seat 2     Senator J. Verne Smith
Seat 3     Senator Leatherman
Seat 4     Senator Giese
Seat 5     Senator Gregory
Seat 6     Senator Courson
Seat 7     Senator Peeler
Seat 8     Senator Thomas
Seat 9     Senator Hayes
Seat 10   Senator Ryberg
Seat 11   Senator Richardson
Seat 12   Senator Fair
Seat 13   Senator O'Dell
Seat 14   Senator Martin
Seat 15   Senator Grooms
Seat 16   Senator Branton
Seat 17   Senator Mescher
Seat 18   Senator Verdin
Seat 19   Senator Alexander
Seat 20   Senator Waldrep
Seat 21   Senator Ravenel
Seat 22   Senator Hawkins
Seat 23   Senator Ritchie
Seat 24   Senator Land
Seat 25   Senator Setzler
Seat 26   Senator Drummond
Seat 27   Senator Leventis
Seat 28   Senator McGill
Seat 29   Senator Moore
Seat 30   Senator Reese
Seat 31   Senator Patterson
Seat 32   Senator Matthews
Seat 33   Senator Short
Seat 34   Senator Hutto
Seat 35   Senator Rankin
Seat 36   Senator Elliott
Seat 37   Senator Sheheen
Seat 38   Senator Pinckney
Seat 39   Senator Anderson
Seat 40   Senator Kuhn
Seat 41   Senator Knotts
Seat 42   Senator Cromer
Seat 43   Senator Malloy
Seat 44   Senator Jackson
Seat 45   Senator Glover
Seat 46   Senator Ford

Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Cherokee County Probate Judge, with term to commence February 10, 2004

Joshua L. Queen, 110 Hillside Drive, Gaffney, S.C. 29340 VICE William R. Douglas, Sr. (deceased)

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Morris Victor Gelders of Spartanburg, S.C.

At 1:31 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.