Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of the Psalmist in Psalm 34:4:

"I sought the Lord, and He answered me, and delivered me from all

my fears. Look to Him and be radiant!"
Let us pray.

Father, we thank you for the memory of Abraham Lincoln whose assassination was a great tragedy for our nation in the hour when we needed the healing power he was prepared to provide!

We, in our time, know an awful lot about "fears." We are swamped in "fears!"

From the majesty of these moments of prayer in the THRONE-ROOM of the Most High, go with us, Father, in state and nation, to the temporal, mundane, political thickets of our common life.

We look to you! Keep us "radiant!"
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, Horry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Christopher J. Arakas, 2560 North Main Street, Conway, S.C. 29526 VICE Charles B. Johnson

Initial Appointment, Horry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bradley D. Mayers, 1302 Elm Street, Conway, S.C. 29526 VICE Rebecca S. Lovelace

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

David Turner, 106 Miller Road, Roebuck, S.C. 29376 VICE John Poole

The following was received:

Document No. 2729
Agency: Department of Labor, Licensing and Regulation,
Board of Pharmacy
SUBJECT: Fees
Received by Lieutenant Governor April 26, 2002
Referred to Medical Affairs Committee
120 Day Period Tolled
Permanently Withdrawn February 12, 2004

The following were received:

Document No. 2876
Agency: Board of Education
SUBJECT: Requirements for Additional Areas of Certification
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004
Revised: May 22, 2004
Withdrawn and Resubmitted February 12, 2004

Document No. 2879
Agency: Board of Education
Child Left Behind Act of 2001
SUBJECT: District and School Comprehensive Planning
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004
Revised May 22, 2004
Withdrawn and Resubmitted February 12, 2004

Senator FAIR introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.

Senator RYBERG rose for an Expression of Personal Interest.

Senator THOMAS rose for an Expression of Personal Interest.

Senator LEVENTIS rose for an Expression of Personal Interest.

Mr. PRESIDENT and Members of the Senate.

If you will allow me about two minutes, I'd like to take a moment to share this with you.

Thirty years ago, on the 1st of February, my wife and I moved to Sumter. I was born and raised here in Columbia; however, in 1964, I left for school at the University of Virginia. It was there that I met and then married my wife. In 1974, we came back to South Carolina when I went into the Air Force. We arrived in Sumter in 1974, with one child and a second on the way. I was a young captain in the Air Force; my wife had just left the Army, after serving in Vietnam as a nurse. When we moved to Sumter, my wife, who is from Virginia and has lived all over the world (including London, Turkey and Saigon), didn't know that there was not a "p" in Sumter -- which many people who do not live in Sumter don't realize. We had big plans back then -- and now 30 years later -- we have paused to reflect and take time to tell the people of Sumter how much we have appreciated living there.

E.V. and I now have four children, all graduated from the public school system in Sumter and from colleges across the State and country. We have two grandpuppies but no grandchildren! One of our children recently graduated from law school. It's at times like this that one ought to reflect. Obviously, as we thank the people of Sumter for 30 great years, we also thank everyone in South Carolina because South Carolina has been such a wonderful place to live, work, worship and raise a family. One of our children has returned to South Carolina, and we hope that the other three will also choose to return home at some point.

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

At 11:05 A.M., Senator THOMAS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M.

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

At 11:05 A.M., Senator LAND requested a leave of absence beginning at 12:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:15 A.M., Senator SETZLER requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:16 A.M., Senator ELLIOTT requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:17 A.M., Senator KUHN requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:30 A.M., Senator J. VERNE SMITH requested a leave of absence for the balance of the day.

At 11:47 A.M., Senator RANKIN requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:48 A.M., Senator DRUMMOND requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 11:50 A.M., Senator HAWKINS requested a leave of absence beginning at 1:00 P.M. and lasting until Noon on Tuesday, February 17, 2004.

At 12:10 P.M., Senator RAVENEL requested a leave of absence beginning at 12:15 P.M. and lasting until Noon on Tuesday, February 17, 2004.

The following were introduced:

S. 963 (Word version) -- Senators Alexander, Drummond, Elliott, Grooms, Hayes, Knotts, Martin, Peeler, Sheheen and Thomas: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2003 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND HEAD COACH TOMMY BOWDEN ON THEIR OUTSTANDING WINNING SEASON AND TO APPLAUD THE CLEMSON "TIGERS" ON THEIR TREMENDOUS VICTORY IN THE 2003 CHICK-FIL-A PEACH BOWL.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 964 (Word version) -- Senators Martin, McConnell, Alexander, Thomas and Anderson: A BILL TO AMEND SECTION 35-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF SECURITIES FILINGS, SO AS TO ALLOW PUBLIC DISCLOSURE OF SECURITIES FILINGS AND OTHER SECURITIES INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 35-1-415, RELATING TO THE EXEMPTION FROM LICENSING OF A BROKER DEALER LICENSED UNDER THE SECURITIES LAWS IN ANOTHER STATE, SO AS TO REQUIRE THEIR LICENSING FOR EVEN ONE TRANSACTION IN THIS STATE; TO AMEND SECTION 35-1-510, RELATING TO SURETY BONDS OF BROKERS, SO AS TO ALLOW SUITS TO BE COMMENCED WITHIN THREE YEARS AFTER ANY ACTION GIVING RISE TO THE SUIT IS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED; TO AMEND SECTION 35-1-1490, RELATING TO THE ADVISING OF BUYERS ON SALES OR OFFERS, SO AS TO PROVIDE LIABILITY TO SELLERS FOR ILLEGAL OR FRAUDULENT SALES OR OFFERS; TO AMEND SECTION 35-1-1500, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWS A SELLER IS ENGAGED IN FRAUDULENT ACTS AND INTENTIONALLY FURTHERS THE VIOLATION BY SUBSTANTIALLY ASSISTING THE SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA UNIFORM SECURITIES ACT IS LIABLE TO THE SAME EXTENT AS THE SELLER; TO AMEND SECTION 35-1-1550, RELATING TO WAIVER OF COMPLIANCE WITH THE SECURITIES CHAPTER, SO AS TO PROVIDE FOR NO WAIVER OF A CHOICE OF LAW PROVISION, DIRECTLY OR INDIRECTLY; TO ADD SECTION 35-1-1555, SO AS TO PROVIDE A PROCESS FOR THE SELECTION OF AN ARBITRATION PANEL TO HEAR CASES ARISING OUT OF BROKERAGE RELATIONSHIPS AND A SITE FOR THE ARBITRATION TO BE HELD; TO ADD SECTION 35-1-1565, SO AS TO REQUIRE BROKERS AND FINANCIAL ADVISORS TO COMPLY WITH THE PRUDENT INVESTOR RULE.
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Senator MARTIN spoke on the Bill.

Mr. PRESIDENT and members of the Senate.

This Bill that has just been read across the Desk is sponsored by myself, the PRESIDENT Pro Tempore and hopefully some others who want to join us. I just wanted to briefly explain to you what it does. It is a more comprehensive effort regarding the state's securities laws and how we operate. As you know, last year in the wake of the very unfortunate set of circumstances in the upstate during the collapse of Carolina Investors, we acted in that regard on a more immediate basis to provide for some additional authority of the State to investigate and also to fund the securities division of the Attorney General's Office. I do want to commend our Judiciary Committee staff, Mr. PRESIDENT, for its help in drafting this legislation, along with Professor Freeman of the USC Law School.

This legislation that we just put on the Desk, for those of you who have just come in, is a more comprehensive effort at amending our state's securities laws by providing some additional teeth for the enforcement, disclosure of complaints, and that sort of thing in a more responsible way. There have been a lot of editorials and newspaper articles written, a lot of opinions given about some of the things that might have been done a little bit differently prior to not only Carolina Investors but also with some other similarly situated companies in other parts of the State that have had financial difficulties. Mr. PRESIDENT, what we are trying to do is the responsible thing by allowing the disclosure of certain records and complaints that have been made but not go beyond what we think is a reasonable proposition in terms of the type of responsibility that would be placed on the Attorney General's Office to disclose that affirmatively. We have tried to make those records available. Competition in that business is somewhat fierce. We are hopeful that the provisions that we have drafted dealing with opening the records will help alleviate future situations. We have also put in the Bill some other provisions that we feel like will make a positive impact on the offering of securities in South Carolina. Mr. PRESIDENT, as the Bill is referred to committee, I just wanted to let folks know that this effort is underway to continue to address the issue of the offering of securities in South Carolina under our state law and ask for your support.

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

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

S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.
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Read the first time and referred to the Committee on Judiciary.

S. 966 (Word version) -- Medical Affairs Committee: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
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Read the first time and ordered placed on the Calendar without reference.

H. 3400 (Word version) -- Reps. M. A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.

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

H. 4397 (Word version) -- Reps. Mack, Breeland, Whipper, Branham and R. Brown: A BILL TO AMEND SECTION 40-47-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.

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

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

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

H. 4708 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTIONS 59-53-510, AS AMENDED, 59-53-520, 59-53-530, AND 59-53-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION, SO AS TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH PROGRAMS OF VOCATIONAL AND TECHNICAL EDUCATION ARE ADMINISTERED, TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH THE COMMISSION MAY ACQUIRE ADDITIONAL SITES FOR CONSTRUCTION OF APPROPRIATE FACILITIES, TO PROVIDE THAT THE COMMISSION MAY EXPEND FUNDS DERIVED FROM BONDS ISSUED BY DILLON COUNTY, TO PROVIDE THAT COPIES OF THE AUDIT OF THE COMMISSION'S ACCOUNTS MUST BE DELIVERED TO THE LEGISLATIVE DELEGATIONS AND GOVERNING BODIES OF DILLON COUNTY; AND TO REPEAL SECTION 59-53-550 RELATING TO THE BUDGET OF THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION.

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

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

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

H. 4751 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME WALTER R. "BUD" WAHL OF STREATOR, ILLINOIS, A DIRECTOR OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.

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

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

S. 893 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

Ordered for consideration tomorrow.

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

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to S. 560 and asked for a Committee of Conference.

Whereupon, Senators LEATHERMAN, LEVENTIS and O'DELL were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to H. 3900 and asked for a Committee of Conference.

Whereupon, Senators LEATHERMAN, LEVENTIS and O'DELL were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 916 (Word version) -- Senators Richardson, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS THAT CROSSES SPANISH WELLS ROAD ALONG THE CROSS ISLAND PARKWAY ON HILTON HEAD ISLAND THE "AMBASSADOR JOHN C. WEST OVERPASS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OVERPASS WHICH CONTAIN THE WORDS "AMBASSADOR JOHN C. WEST OVERPASS".

Returned with concurrence.

Received as information.

S. 944 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM AND THEIR HEAD COACH, JOHN CHECKOVICH, AND ASSISTANT COACH, NINYA CHECKOVICH, ON WINNING THE 2003 CLASS AAA GIRLS VARSITY VOLLEYBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

Returned with concurrence.

Received as information.

S. 960 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND DR. ALPHONSO R. BLAKE, PASTOR EMERITUS OF THE MORRIS STREET BAPTIST CHURCH, FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, THIS STATE, AND THE NATION ON THE OCCASION OF HIS RETIREMENT AS MODERATOR OF THE CHARLESTON COUNTY MISSIONARY BAPTIST ASSOCIATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

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

H. 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.

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

S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.

S. 856 (Word version) -- Senator Hawkins: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

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

S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.

Senator CROMER explained the Bill.

S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.

S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.

H. 3681 (Word version) -- Reps. E.H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.

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

Senators ALEXANDER and KNOTTS proposed the following amendment (3681R001.TCA), which was adopted:

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

/   SECTION   ____.   Section 20-7-1564 of the 1976 Code is amended to read:

"Section 20-7-1564.   (A)   A petition seeking termination of parental rights may be filed by the Department of Social Services or any interested party.

(B)   The department may file an action for termination of parental rights without first seeking the court's approval of a change in the permanency plan pursuant to Section 20-7-766 and without first seeking an amendment of the placement plan pursuant to Section 20-7-764."     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

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.

S. 776 (Word version) -- Senators Moore, Martin and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO INITIATE ACTION AFFECTING UNITED STATES' TRADE POLICY TOWARD CHINA SO AS TO PROTECT AND PRESERVE THE TEXTILE INDUSTRY OF SOUTH CAROLINA AND THE UNITED STATES.

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

S. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

Senator RYBERG moved to carry over the Bill.

The Senate refused to carry over the Bill.

Senator RYBERG objected to further consideration of the Bill.

S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

Senator RYBERG moved to carry over the Bill.

The Senate refused to carry over the Bill.

Senator RYBERG objected to further consideration of the Bill.

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

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

H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION ACTIONS FOR DAMAGES ARISING FROM A PERSON'S FAILURE TO RETURN LEASED OR RENTED PERSONAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE EXPIRATION OF THE LEASE OR RENTAL AGREEMENT, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.

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

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

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

Senator RICHARDSON proposed the following amendment (4272R001.SHR), which was adopted:

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

/     SECTION   ____.   Section 4-10-330(A)(1) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(1)   the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:

(a)   highways, roads, streets, and bridges, and public parking garages and related facilities;

(b)   courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;

(c)   cultural, recreational, or historic facilities, or any combination of these facilities;

(d)   water, sewer, or water and sewer projects;

(e)   flood control projects and storm water management facilities;

(f)   beach access and beach renourishment;

(g)   jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) (f) of this subsection;

(g)(h)   any combination of the projects described in subitems (a) through (f) (g) of this item;"     /

Renumber sections to conform.     Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 12, 2004, at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R183, S. 208 (Word version)) -- Senators McConnell, Moore, Malloy and Waldrep: AN ACT TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF PUBLIC OFFICERS BY THE GOVERNOR, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF MAY BE REMOVED ONLY FOR SPECIFIED REASONS PERTAINING TO CAUSE; BY ADDING SECTION 8-13-935 SO AS TO PROVIDE PROCEDURAL AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR ELECTION TO THE PUBLIC SERVICE COMMISSION AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THE DUTIES AND FUNCTIONS OF THE DIVISION AND THE CONSUMER ADVOCATE IN REGARD TO VARIOUS MATTERS INCLUDING MATTERS BEFORE THE PUBLIC SERVICE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 58, RELATING TO GENERAL PROVISIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REVISE THE MAKEUP OF THE COMMISSION, PROVIDE FOR THE QUALIFICATIONS OF MEMBERS, ELECTION PROCEDURES FOR MEMBERS, STANDARDS OF CONDUCT FOR COMMISSIONERS AND STAFF, DUTIES AND POWERS OF OFFICERS OF THE COMMISSION AND HEARING OFFICERS AND OTHER STAFF OF THE COMMISSION, AND TO FURTHER PROVIDE FOR PROCEDURES, ORDERS, AND DECREES OF THE COMMISSION; BY ADDING ARTICLE 5 TO CHAPTER 3, TITLE 58, SO AS TO ESTABLISH THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS; BY ADDING CHAPTER 4 TO TITLE 58 SO AS TO ESTABLISH THE OFFICE OF REGULATORY STAFF AND PROVIDE FOR ITS DUTIES, FUNCTIONS, AND POWERS; TO AMEND SECTION 58-27-865, AS AMENDED, RELATING TO THE DEFINITION OF "FUEL COST" AND PROCEDURES PERTAINING TO RECOVERY OF FUEL COSTS, SO AS TO DEFINE "FUEL COSTS RELATED TO PURCHASED POWER" AS A COMPONENT OF OVERALL FUEL COST; TO DIRECT TO CODE COMMISSIONER TO DELIVER TO THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE A REPORT OF CERTAIN CODE REFERENCES; TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION ON MARCH 3, 2004, IN THE HALL OF THE HOUSE OF REPRESENTATIVES; AND TO REPEAL SECTIONS 58-3-26, 58-3-80, 58-3-95, 58-3-120, 58-3-145, 58-3-150, 58-3-160, AND 58-3-210 ON SPECIFIED DATES, ALL RELATING TO GENERAL PROVISIONS OF THE PUBLIC SERVICE COMMISSION.
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(R184, S. 466 (Word version)) -- Senators McConnell and Ford: AN ACT TO AMEND CHAPTER 48, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE DEFINITIONS FOR THE TERMS "VICTIM" AND "INTERVENER", TO PROVIDE THAT THE AGENCY WITH JURISDICTION OVER A PERSON WHO HAS BEEN CONVICTED OF A SEXUALLY VIOLENT OFFENSE MUST GIVE WRITTEN NOTICE OF THE CONVICTION TO THE VICTIM OF THE CRIME AND TO REVISE THE PERIOD IN WHICH NOTICE OF THE CONVICTION MUST BE GIVEN TO VARIOUS PARTIES, TO PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE REVIEWED BY THE DEPARTMENT OF CORRECTIONS MULTIDISCIPLINARY TEAM, TO PROVIDE THAT IF THE MULTIDISCIPLINARY TEAM DETERMINES THAT A PERSON IS A SEXUALLY VIOLENT PREDATOR, THE TEAM MUST NOTIFY HIS VICTIM OF THIS FINDING, TO REMOVE THE CHIEF ATTORNEY OF THE OFFICE OF APPELLATE DEFENSE OR HIS DESIGNEE AS A MEMBER OF THE MULTIDISCIPLINARY TEAM AND REPLACE HIM WITH AN ATTORNEY WITH SUBSTANTIAL EXPERIENCE IN THE PRACTICE OF CRIMINAL DEFENSE LAW, TO BE APPOINTED BY THE CHIEF JUSTICE TO SERVE A TERM OF ONE YEAR, TO PROVIDE THAT THE ATTORNEY GENERAL MUST NOTIFY A VICTIM WHEN THE PROSECUTOR'S REVIEW COMMITTEE DETERMINES A PERSON IS A SEXUALLY VIOLENT PREDATOR AND NOTIFY THE VICTIM OF THE TIME, DATE, AND LOCATION OF THE PROBABLE CAUSE HEARING, ANY TRAIL TO DETERMINE WHETHER THE PERSON IS A SEXUALLY VIOLENT PREDATOR, AND ANY OTHER LEGAL PROCEEDINGS REGARDING THE PERSON; AND TO AMEND SECTION 56-1-460, AS AMENDED, RELATING TO PENALTIES FOR DRIVING WITH A CANCELED, SUSPENDED, OR REVOKED LICENSE, SO AS TO INCREASE THE FINES IMPOSED PURSUANT TO THIS SECTION AND TO PROVIDE THAT A PORTION OF EACH FINE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY FOR THE HIGHWAY PATROL.
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(R185, S. 500 (Word version)) -- Senators McConnell, Ford and Hayes: AN ACT TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE THAT CHILDREN'S ADVOCACY CENTERS COORDINATE MULTI-AGENCY RESPONSES TO CHILD MALTREATMENT AND TO SPECIFY THE SERVICES SUCH CENTERS MUST PROVIDE, TO REQUIRE THESE CENTERS TO ESTABLISH MEMORANDA OF AGREEMENT WITH GOVERNMENTAL ENTITIES AND TO DEVELOP STANDARDS OF CARE, TO PROVIDE FOR RELEASE OF INFORMATION TO CERTAIN GOVERNMENTAL ENTITIES AND FOR THE EXCHANGE OF CERTAIN INFORMATION WITH STATE AND NATIONAL CHILDREN'S ADVOCACY ORGANIZATIONS, AND TO PROVIDE A LIMITATION ON LIABILITY FOR EMPLOYEES OF THESE CENTERS NOT COVERED UNDER THE SOUTH CAROLINA TORT CLAIMS ACT.
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(R186, S. 731 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.
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(R187, S. 832 (Word version)) -- Senators McGill and Leatherman: AN ACT TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED; TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD; TO PROVIDE FOR THE CONDUCT OF THE ELECTION; TO PROVIDE STATEMENT OF CANDIDACY; TO PROVIDE FOR THE PROCEDURE FOR THE ADOPTION OF THE BUDGET; TO PROVIDE THAT THE BOUNDARIES OF THE DISTRICT ARE NOT AFFECTED BY THIS ACT; AND TO REPEAL ACT 929 OF 1974 RELATING TO THE ELECTION OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT NO. 3.
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(R188, S. 844 (Word version)) -- Senators McConnell, Moore, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Setzler, Short, J. Verne Smith, Thomas, Verdin, Waldrep and Hawkins: AN ACT TO AMEND SECTION 33-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE OF THE RURAL ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE WORD "RURAL"; TO AMEND SECTION 33-49-20, RELATING TO DEFINITIONS UNDER THE ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE DEFINITION OF "RURAL AREA" AND ADD DEFINITIONS OF "COMMISSION" AND "CORRIDOR"; TO AMEND ARTICLE 1, CHAPTER 49 OF TITLE 33 BY ADDING SECTION 33-49-140 SO AS TO PROVIDE THAT CERTAIN RIGHTS AND AGREEMENTS ARE NOT AFFECTED BY THIS ACT; TO AMEND SECTION 33-49-210, RELATING TO THE PURPOSE OF ORGANIZATION OF COOPERATIVE NONPROFIT MEMBERSHIP CORPORATIONS, SO AS TO DELETE THE REFERENCE TO RURAL AREAS; TO AMEND SECTION 33-49-250, RELATING TO THE POWERS OF ELECTRIC COOPERATIVES, SO AS TO DELETE A REFERENCE TO RURAL AREAS AND TO PROVIDE THAT ELECTRIC COOPERATIVES HAVE THE RIGHT TO SERVE CERTAIN PREMISES IN AREAS ANNEXED BY MUNICIPALITIES OR NEWLY-INCORPORATED AREAS UNDER CERTAIN CIRCUMSTANCES AND WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 58-27-90, RELATING TO THE CONSTITUTIONAL RIGHTS AND POWERS OF MUNICIPALITIES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-100, RELATING TO MUNICIPAL POLICE REGULATIONS AND ORDINANCES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-670, RELATING TO ELECTRIC SERVICE IN AN AREA ANNEXED OR INCORPORATED BY A MUNICIPALITY, SO AS TO DELETE ANY REFERENCE TO RURAL OR RURAL AREAS AND TO PROVIDE THAT CERTAIN ELECTRICAL UTILITIES SHALL NOT PROVIDE SERVICE IN CERTAIN AREAS INCORPORATED OR ANNEXED BY A MUNICIPALITY AFTER THE EFFECTIVE DATE OF THIS ACT.
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(R189, H. 3326 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.
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(R190, H. 3871 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R191, H. 3875 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R192, H. 3877 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R193, H. 3901 (Word version)) -- Reps. Thompson, Cato, Martin, Trotter and White: AN ACT TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.
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(R194, H. 3935 (Word version)) -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG FIRE AND EMERGENCY SERVICES DISTRICT.
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(R195, H. 3986 (Word version)) -- Rep. Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED AND TO ADD DEFINITIONS FOR "ELECTRONIC DABBER" AND "SITE SYSTEM"; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO REQUIRE WINNING CONFIGURATION TO BE VERIFIED USING AN ELECTRONIC VERIFYING SYSTEM AND DISPLAYED FOR ALL PLAYERS TO SEE; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE; TO AMEND SECTION 12-21-3940 RELATING TO THE LICENSE REQUIRED FOR A NONPROFIT CORPORATION TO CONDUCT A GAME OF BINGO, SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO PLAY BINGO AT AN ESTABLISHMENT LICENSED TO SELL MINI BOTTLES; BY ADDING SECTION 12-21-4011 SO AS TO AUTHORIZE FEDERALLY-RECOGNIZED INDIAN TRIBES THAT MAY CONDUCT BINGO GAMES IN THIS STATE TO USE HARDWIRE TECHNOLOGY FOR BINGO PLAY UNDER CERTAIN CONDITIONS; BY ADDING SECTION 12-21-3935 SO AS TO PROVIDE THAT NOTHING IN ARTICLE 24, CHAPTER 21, TITLE 12 MAY BE CONSTRUED TO AUTHORIZE THE PLAYING OF VIDEO POKER; BY ADDING SECTION 12-21-4275 SO AS TO PROHIBIT THE TRANSFER OF A BINGO CARD OR TICKET BY A MANUFACTURER OR BINGO TICKET MANUFACTURER TO A PERSON OTHER THAN A LICENSED DISTRIBUTOR; TO AMEND SECTION 12-21-4200 RELATING TO THE DISBURSEMENT OF REVENUES FROM TAXES AND FEES IMPOSED FOR THE LICENSING OF BINGO, SO AS TO PROVIDE THAT A PORTION OF THESE REVENUES MUST BE ANNUALLY TRANSFERRED TO THE COMMISSION OF MINORITY AFFAIRS; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO INCLUDE A MORATORIUM ON INSURANCE PREMIUM TAX, TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; AND TO REPEAL SECTION 12-10-35 RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES.
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(R196, H. 4016 (Word version)) -- Rep. Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
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(R197, H. 4268 (Word version)) -- Rep. Duncan: AN ACT TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
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(R198, H. 4508 (Word version)) -- Rep. Duncan: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN LAURENS COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

Senator LEVENTIS spoke on the Joint Resolution.

With Senator LEVENTIS retaining the floor, Senator MARTIN rose for an Expression of Personal Interest.

With Senator LEVENTIS retaining the floor, Senator FORD rose for an Expression of Personal Interest.

Senator LEVENTIS spoke on the Joint Resolution.

At 1:01 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator MOORE, the Senate receded from business not to exceed two minutes.

At 1:15 P.M., the Senate resumed.

Senator LEVENTIS spoke on the Joint Resolution.

With Senator LEVENTIS retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.

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

Initial Appointment, Solicitor, with term to commence December 31, 2003, and to expire at the next general election and until a successor shall qualify.

1st Judicial Circuit

Robert D. Robbins, Suite 102, 140 North Main St., Summerville, S.C. 29483 VICE Walter M. Bailey, Jr. (resigned)

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Horry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Christopher J. Arakas, 2560 North Main Street, Conway, S.C. 29526 VICE Charles B. Johnson

Initial Appointment, Horry County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bradley D. Mayers, 1302 Elm Street, Conway, S.C. 29526 VICE Rebecca S. Lovelace

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

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

David Turner, 106 Miller Road, Roebuck, S.C. 29376 VICE John Poole

On motion of Senators VERDIN and KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Theodore Cooper Yandle, Sr. of Columbia, S.C.

Senator MOORE moved that, when the Senate adjourns on Friday, February 13, 2004, it stand adjourned to meet next Tuesday, February 17, 2004, at 12:00 Noon, which motion was adopted.

At 1:18 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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