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.

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

Beloved, King David's words are recorded in First Chronicles 16:11-12:

"Seek the Lord and His strength, seek His Presence continually. Remember the wonderful works He has done, His miracles, and the judgments He uttered."
Let us pray.

Father, we pray many prayers publicly. We pray a multitude of prayers silently; earnest prayers straight from our troubled hearts to the ear of our Heavenly Father.

When the pressures of detail weigh heavy upon our spirits, lift us up above the routine of the worldly and temporal that we may rejoice together in the subliminal threshold of our consciousness, because we believe that St. Paul was telling us the truth when he said:

"We know that all things work together for good for those who love God."
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, South Carolina Arts Commission, with term to commence June 30, 2004, and to expire June 30, 2007

At-Large

James West Fraser, P. O. Box 1763, Charleston, S.C. 29402 VICE David Cushing Stinson

Referred to the Committee on Education.

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

6th Congressional District

Dwayne T. Buckner, Buckner Publishers, 218 Carn Street, Walterboro, S.C. 29488 VICE Ronald Benjamin

Referred to the General Committee.

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

6th Congressional District

Ariel T. Rosamond, 1351 Amelia Street, Orangeburg, S.C. 29115 VICE Jacquetta P. Jones

Referred to the Committee on Judiciary.

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

3rd Congressional District

David W. Nix, 1516 Pine Log Road, Aiken, S.C. 29803 VICE William C. Price

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large

Vernon M. Tanner, 501 Tanner Lane, Hemingway, S.C. 29554

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Housing, Finance and Development Authority

Robert D. Mickle, Jr., Paragon Inc. of South Carolina, P. O. Box 1134, Columbia, S.C. VICE Robert D. Burton

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Cosmetology, with term to commence March 31, 2004, and to expire March 31, 2008

Katherine T. Webb, The Mane Tamers, 227 Cooper Lane, Easley, S.C. 29642 VICE David E. Bagwell (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2004, and to expire March 15, 2011

1st Congressional District

Joseph A. Thomas, 2052 Pitch Landing Road, Conway, S.C. 29527 VICE Bernard H. Baum

Referred to the Committee on Medical Affairs.

Initial Appointment, Scenic Highways Committee, with term to commence July 21, 2004, and to expire July 21, 2006

Outdoor Advertising

Hal W. Stevenson, Stevenson Communication Group, 1207 Lincoln Street, Columbia, S.C. 29211 VICE Glynn Furman Willis

Referred to the Committee on Transportation.

Senator McCONNELL introduced Dr. Elizabeth Kline of Charleston, S.C., Doctor of the Day.

At 12:10 P.M., Senator HUTTO requested a leave of absence for April 7, 2004, from 6:00 - 11:00 P.M.

Senator PINCKNEY rose for an Expression of Personal Interest.

Mr. PRESIDENT, Members of the Senate, and to all of our staff and visitors who have come to watch us as we take care of business for the State of South Carolina:

It is indeed a privilege and an honor to stand in the South Carolina Senate. I was a page back in 1992 and served until graduating from college. Please don't hold it against me, but I was a House page. There's an unwritten rule that I learned as a House page -- and I think it sort of developed from the fact that House pages can't even walk on the Senate floor -- that the House is sort of the beginning. It's sort of where everyone can be elected, but there are only a privileged few that can serve the State of South Carolina in the State Senate. So, the pecking order developed even in the House and also sort of reverence and respect for this institution. I would hope that as I continue to serve, that I can add to that respect and reverence to this institution. And, I speak of the institution because I think that the institution is greater than any of us, as individual members or as individual parties. It is the State Senate that many people in my circle have said has saved the State of South Carolina from much grief that the House would put upon it. And, I hope that the South Carolina Senate will continue to be the wiser body -- to be the more kinder and gentler body of both Houses.

I'm sorry that my family is not here today. They came yesterday and witnessed the great excitement that we experienced yesterday for lack of a better term. My predecessor, Senator McKINLEY WASHINGTON, served this body with great pride and has brought great pride to the citizens of the Lowcountry. I am by no means McKINLEY WASHINGTON. I am CLEMENTA PINCKNEY. Senator WASHINGTON brought a great talent to this body and it is my intention, by the grace of God, to do the same. I would hope that as we move forward, we can work on issues that are of great importance to me, as well as to, hopefully, everyone in this body. Those issues include education and equity in just about all facets of life in South Carolina.

I represent a rural area, areas in which we have schools that are under-performing and that are under-funded. And, I would hope that we look favorably upon issues of education, and in particular, equity in education, making sure that we make higher education accessible to all, and also looking at ways to provide a better quality of health care and continue to make the lives of all South Carolinians better.

As I take my seat, I'm reminded of the words of the great poet who said, "We have now come to the port hole of great opportunities, and as we move forward we, together as a group, will decide how we will move. Will history judge as us kind and humane, or will they judge us as selfish and cruel?" And, I would hope that as we move forward, history would judge us as a Senate that's kind and humane. So, to you my fellow members of this great body, I would hope that we all work together and develop great relationships so that we can better serve the State of South Carolina.

Thank you.

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

H. 5034 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Medical Affairs.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1127 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF LEXINGTON COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN LEXINGTON COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN LEXINGTON COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
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Senator SETZLER spoke on the Bill.

Read the first time and, on motion of Senator SETZLER, on behalf of the Lexington County Delegation, with unanimous consent, S. 1127 was ordered placed on the Local and Uncontested Calendar.

On motion of Senator SETZLER, on behalf of the Lexington County Delegation, S. 1127 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1128 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE LANGLEY-BATH-CLEARWATER HIGH SCHOOL CLASS OF 1954 ON THEIR UPCOMING FIFTIETH REUNION AND TO EXTEND TO EACH MEMBER OF THE CLASS BEST WISHES IN ALL OF THEIR FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

H. 3929 (Word version) -- Reps. Wilkins and Harrell: 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.

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

H. 3967 (Word version) -- Reps. Hamilton, Leach and Vaughn: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOW WHILE HUNTING, SO AS TO FURTHER PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON SIXTY-TWO YEARS OF AGE OR OLDER TO USE A CROSSBOW TO HUNT DURING SEASONS WHEN THE USE OF PRIMITIVE WEAPONS ARE AUTHORIZED FOR HUNTING.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.

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

H. 4589 (Word version) -- Reps. Cato, Sandifer, Lee, Anthony, Bailey, Battle, G. Brown, Ceips, Clemmons, Cooper, Duncan, Edge, Hamilton, Harrison, Hayes, Huggins, Jennings, Limehouse, Loftis, Martin, McCraw, Perry, Scarborough, W. D. Smith, Talley, Thompson, Townsend, Tripp, Trotter, Viers, Walker, White and Wilkins: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.

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

H. 4767 (Word version) -- Reps. J. E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.

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

H. 5082 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 3, 2004, AS ELECTRONICS RECYCLING AWARENESS DAY IN THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANCE OF RECYCLING ELECTRONICS AND THE POSITIVE EFFECTS IT WILL HAVE ON THE STATE AND THE NATION.

The Concurrent Resolution was introduced and referred to the General Committee.

Senator HUTTO from the Committee on Judiciary submitted a majority favorable with amendment and Senator JACKSON a minority unfavorable report on:

S. 180 (Word version) -- Senators McConnell, Hayes and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-125 SO AS TO DESIGNATE THE DEPARTMENT OF CRIME VICTIM SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM SERVICES, AND THE VICTIM SERVICES OVERSIGHT COMMISSION; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT OF CRIME VICTIM SERVICES; TO AMEND SECTION 1-30-110, RELATING TO THE DIVISIONS OF THE OFFICE OF GOVERNOR, SO AS TO DELETE THE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTIONS 16-3-1110, AS AMENDED, 16-3-1130, AS AMENDED, 16-3-1140, 16-3-1150, 16-3-1160, 16-3-1170, AS AMENDED, 16-3-1180, AS AMENDED, 16-3-1200, 16-3-1220, AS AMENDED, 16-3-1230, AS AMENDED, 16-3-1260, AS AMENDED, 16-3-1270, AS AMENDED, 16-3-1290, 16-3-1330, AS AMENDED, 16-3-1340, AS AMENDED, AND 16-3-1350, ALL RELATING TO THE VICTIM'S COMPENSATION FUND, ITS REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS FOR TECHNICAL CHANGES TO COMPORT WITH THE ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO REPEAL SECTION 16-3-1120.

Ordered for consideration tomorrow.

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

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

Ordered for consideration tomorrow.

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

S. 1000 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

H. 4650 (Word version) -- Harrison, McLeod, Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA BY ADDING MULTIPLE CHAPTERS AND ARTICLES TO TITLES 33, 36, 38 AND 39, PROVIDING FOR, AMONG OTHER MATTERS, PROCEDURES FOR THE DOMESTICATION OF FOREIGN CORPORATIONS IN SOUTH CAROLINA; PROCEDURES FOR MERGERS WITH OTHER ENTITIES OF PARTNERSHIPS AND LIMITED PARTNERSHIPS; PROCEDURES FOR CONVERSIONS OF PARTNERSHIPS AND LIMITED PARTNERSHIPS TO CORPORATIONS; CIRCUMSTANCES UNDER WHICH FOREIGN CORPORATIONS ARE NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN SOUTH CAROLINA; A REQUIREMENT THAT A TRANSFEROR OF A SECURITY FOR VALUE MUST PROVIDE DOCUMENTS NECESSARY FOR REGISTRATION OF THE SECURITY; TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP OR OTHER ENTITY AMONG THE LIST OF ENTITIES WITH WHICH A CORPORATION MAY MERGE; TO INCREASE THE TIME FOR ENFORCING UNKNOWN CLAIMS AGAINST A CORPORATION TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO PROVIDE FOR MERGERS BETWEEN NONPROFIT CORPORATIONS WITH DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, PARTNERSHIPS, LIMITED PARTNERSHIPS, OR OTHER ENTITIES, TO INCLUDE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE AS AN ACTIVITY NOT CONSIDERED THE TRANSACTION OF BUSINESS IN SOUTH CAROLINA; AND TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE CAN ACT IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY. [ABBREVIATED TITLE]

Ordered for consideration tomorrow.

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

Senator McCONNELL was recognized.

With unanimous consent, Senator MARTIN was recognized for brief remarks.

Senator MARTIN, as Chairman of the Rules Committee, moved to carry over S. 356 under the provisions of Rule 14.

On motion of Senator MARTIN, S. 356 was carried over pursuant to the provisions of Rule 14, with Senator McCONNELL retaining the floor.

Senator McCONNELL noted a motion that, when the Senate stands adjourned on Wednesday, April 7, 2004, the Senate will stand adjourned to meet on Thursday, April 8, 2004, subject to the times and limitations set forth in Rule 1B and moved to carry over the motion for consideration tomorrow.

Senator McCONNELL moved that, when the Senate stands adjourned today, it stand adjourned to meet tomorrow at 12:00 Noon.

There was no objection and the motion was adopted.

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

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

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

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

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

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

S. 1121 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT PERMISSION OF THE OWNER AND OCCUPANT, TO LIMIT THIS OFFENSE TO HUNTING DEER WITH A FIREARM AND TO EXCLUDE BOTH A LANDOWNER AND HIS GUEST FROM THE PROVISION REQUIRING PERMISSION OF THE OWNER AND OCCUPANT OF A RESIDENCE PRIOR TO HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WHEN THE LANDOWNER AND HIS GUEST ARE HUNTING ON THE LANDOWNER'S PROPERTY.

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

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

The Committee on Judiciary proposed the following amendment (JUD0740.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 27, in Section 16-3-1530(4), as contained in SECTION 3, by striking lines 27 through 31 in their entirety and inserting therein the following:

/   (4)   a department or agency having custody or custodial supervision of a person convicted, found not guilty by reason of insanity, or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person person's escape."   /

Amend the bill further, as and if amended, page 5, line 1, in Section 17-24-40(C)(2)(a), as contained in SECTION 6, by striking line 1 in its entirety and inserting therein the following:

/   considers appropriate for the safety of the community, the victim, and the   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 774 (Word version) -- Senators McConnell, Martin and Giese: A BILL TO AMEND SECTION 15-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHOM DAMAGES ARE PAYABLE IN WRONGFUL DEATH CASES, SO AS TO CLARIFY A CODE CITATION AND TO PROVIDE THAT A PARENT'S SHARE OF THE PROCEEDS MAY BE DENIED OR LIMITED WHEN THE PARENT DID NOT PAY CHILD SUPPORT OR DID NOT OTHERWISE PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY.

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

Senator HUTTO proposed the following amendment (JUD0774.001), which was adopted:

Amend the bill, as and if amended, page 1, line 30, in Section 15-51-40, as contained in SECTION 1, by striking /thinks/ and inserting /   finds   /.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.

Senator O'DELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator WALDREP proposed the following amendment (DKA\3756DW04), which was adopted:

Amend the bill, as and if amended, Section 10, as contained in SECTION 1, line 34, page 1, by deleting / 7-13-350 / and inserting / 7-13-352 /.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senators O'DELL and WALDREP proposed the following amendment (DKA\3811DW04), which was adopted:

Amend the bill, as and if amended, Section 10 of Act 509 of 1982, as contained in SECTION 1, by deleting on line 34:

/ Section 7-13-350 / and inserting / Section 7-13-352 /.

Renumber sections to conform.

Amend title to conform.

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.

S. 900 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS TO VOTE AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT PURSUANT TO SECTION 704 OF THE HELP AMERICA VOTE ACT, FEDERAL POST CARD APPLICATIONS MAY BE USED BY OVERSEAS AND MILITARY UNITED STATES CITIZENS FOR THE NEXT TWO REGULARLY SCHEDULED GENERAL ELECTIONS OCCURRING FROM THE DATE OF SUBMISSION OF THE APPLICATION.

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

The Committee on Judiciary proposed the following amendment (JUD0900.002), which was adopted:

Amend the bill, as and if amended, page 1, line 27, in Section 7-15-330, as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:

/   "Section 7-15-330.   (A)   To vote by absentee ballot, a qualified     /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator MARTIN explained the Bill.

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

H. 4451 (Word version) -- Reps. G.M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.

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

The Committee on Judiciary proposed the following amendment (JUD4451.002), which was adopted:

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

/   SECTION   1.   Section 14-7-1610 of the 1976 Code, as last amended by Act 335 of 1992, is further amended to read:

"Section 14-7-1610.   It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system which has with the authority to cross county lines.

The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and eliminate public corruption. Crimes involving public corruption transpire at times in a single county, but often transpire or have significance in more than one county of this State. The General Assembly believes that a state grand jury, possessing considerably broader investigative authority than individual county grand juries, should be available to investigate public corruption offenses in South Carolina.

The General Assembly finds it fundamentally necessary to improve the ability of the State to prevent, detect, investigate, and prosecute crimes that involve the depiction of children under the age of eighteen in sexual activity, and obscenity crimes that are directed toward or involve children under the age of eighteen. The serious and unacceptable threat that these crimes pose to children is self-evident and impacts the State as a whole even if the actual criminal act occurs only in one county of the State. An effective effort to eliminate these heinous crimes requires a coordinated effort, which is accomplished more effectively through the state grand jury system. The effective prevention, detection, investigation, and prosecution of these crimes may require the use and application of state obscenity statutes or common law offenses not specifically directed toward the prevention and punishment of obscenity crimes involving children. Because many of these crimes involve computers, statewide jurisdiction over these crimes is consistent with the jurisdiction of a state grand jury over offenses defined in the Computer Crime Act. The General Assembly concludes that a state grand jury must be available to employ its broad investigative powers in the investigation of child-related obscenity by enabling the state grand jury to investigate all obscenity offenses, regardless of their multi-county impact, or whether they transpire or have significance in more than one county of this State.

The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.

The General Assembly further finds that related criminal activity often arises out of or in connection with crimes involving narcotics, dangerous drugs or controlled substances, obscenity, or public corruption, and that the mechanism for detecting and investigating these related crimes must be improved also.

Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs, and obscenity and should also be allowed to investigate crimes involving public corruption and election laws.

Nothing herein limits This section does not limit the authority of a county grand jury, solicitor, or other appropriate law enforcement personnel to investigate, indict, or prosecute offenses within the jurisdiction of the state grand jury."

SECTION   2.   Section 14-7-1630(A) of the 1976 Code, as last amended by Act 78 of 2003, is further amended to read:

"(A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   crimes a crime involving narcotics, dangerous drugs, or controlled substances, or any a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any one of the aforementioned crimes if the crimes are crime is of a multi-county nature or have has transpired or are is transpiring or have has significance in more than one county of this State;

(2)   any a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)   crimes a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or any a common law crimes crime involving the election laws where if not superseded, or any a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4)   crimes a crime involving computer crimes, pursuant to Chapter 16, Title 16, or any a conspiracy or solicitation to commit these crimes a crime involving computer crimes;

(5)   crimes a crime involving terrorism, or any a conspiracy or solicitation to commit these crimes a crime involving terrorism. Terrorism includes activities an activity that:

(a)   involve involves acts an act dangerous to human life that are is a violation of the criminal laws of this State;

(b)   appear appears to be intended to:

(i)   intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occur occurs primarily within the territorial jurisdiction of this State; and

(6)   crimes a crime involving any a violation of Chapter 1, Title 35 of the Uniform Securities Act, or any a crime related to securities fraud or a violation of the securities laws.; and

(7)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity."

SECTION   3.   Section 16-15-335 of the 1976 Code is amended to read:

"Section 16-15-335.   Any An individual eighteen years of age or older who, in any manner, knowingly, in any manner, hires, employs, uses, or permits any a person under the age of eighteen years to do or assist in doing any an act or thing constituting an offense under pursuant to this article and involving any material, act, or thing he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than five ten years."

SECTION   4.   Chapter 15, Title 16 of the 1976 Code is amended by adding:

"Section 16-15-342.   (A)   A person eighteen years of age or older commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a person who is under the age of eighteen, or a person reasonably believed to be under the age of eighteen, for the purpose of or with the intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16-15-375(5) or a violent crime as defined in Section 16-1-60, or with the intent to perform a sexual activity in the presence of the person under the age of eighteen, or person reasonably believed to be under the age of eighteen.

(B)   Consent is a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is at least sixteen years old.

(C)   Consent is not a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is under the age of sixteen.

(D)   It is not a defense to a prosecution pursuant to this section, on the basis of consent or otherwise, that the person reasonably believed to be under the age of eighteen is a law enforcement agent or officer acting in an official capacity.

(E)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years, or both."

SECTION   5.   Section 16-15-345 of the 1976 Code is amended to read:

"Section 16-15-345.   Any An individual eighteen years of age or older who knowingly disseminates to any a person under the age of eighteen years any material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than five ten years."

SECTION   6.   Section 16-15-355 of the 1976 Code is amended to read:

"Section 16-15-355.   Any An individual eighteen years of age or older who knowingly disseminates to any a minor twelve years of age or younger any material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten fifteen years."

SECTION   7.   Section 16-15-385(D)   of the 1976 Code is amended to read:

"(D)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five ten years or fined not more than five thousand dollars, or both."

SECTION   8.   Section 16-15-387 of the 1976 Code is amended to read:

"Section 16-15-387.   (A)   It is unlawful for any a person to employ a person under the age of eighteen years to appear in a state of sexually explicit nudity, as defined in Section 16-15-375(6), in a public place.

(B)   Mistake of age is not a defense to a prosecution under pursuant to this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five ten years or fined not more than five thousand dollars, or both."

SECTION   9.   Section 16-15-395(D) of the 1976 Code, as last amended by Act 81 of 2001, is further amended to read:

"(D)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than ten twenty years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section shall must run consecutively with and commence at the expiration of any other another sentence being served by the person sentenced."

SECTION   10.   Section 16-15-405(D) of the 1976 Code is amended to read:

"(D)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence."

SECTION   11.   Section 16-15-410(C) of the 1976 Code, as last amended by Act 73 of 1991, is amended to read:

"(C)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five ten years."

SECTION   12.   Section 16-15-415(C) of the 1976 Code is amended to read:

"(C)   An individual who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than ten twenty years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence. Sentences imposed pursuant to this section shall must run consecutively with and shall must commence at the expiration of any other another sentence being served by the individual sentenced."

SECTION   13.   Section 16-15-445(A) of the 1976 Code is amended to read:

"(A)   All equipment used directly by a person in committing a violation of Section Sections 16-15-305, 16-15-342, 16-15-395, or 16-15-405, or 16-15-410, including necessary software, may be seized by the law enforcement agency making the arrest and ordered forfeited by the court in which the conviction was obtained."

SECTION   14.   Section 23-3-430(C) of the 1976 Code, as last amended by Act 363 of 2000, is further amended by adding:

"(20)   criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was:

(a)   to persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or

(b)   to perform a sexual activity in the presence of the person solicited (Section 16-15-342)."

SECTION   15.   Section 44-48-30(2) is amended by adding:

"(p)   criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was:

(i)     to persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or

(ii)   to perform a sexual activity in the presence of the person solicited."

SECTION   16.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   17.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 99 (Word version) -- Senators Mescher and Ravenel: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY AND TO MAKE CERTAIN TECHNICAL CHANGES.

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

The Committee on Judiciary proposed the following amendment (JUD0099.002), which was adopted:

Amend the bill, as and if amended, page 1, line 32, in Section 58-31-20, as contained in SECTION 1, by striking line 32 in its entirety and inserting therein the following:

/   two shall be from the State at large, one of whom shall be   /.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator MESCHER explained the Bill.

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

S. 907 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-49-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, SO AS TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.

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

The Judiciary Committee proposed the following amendment (JUD0907.001.DOC), which was adopted:

Amend the bill, as and if amended, page 2, line 1, in Section 15-49-20(A)(4), as contained in SECTION 1, by striking /South Carolina/ and inserting therein /   South Carolina State   /.

Amend the bill further, as and if amended, page 2, beginning on line 40, in Section 15-49-20(G), as contained in SECTION 1, by striking subsection (G) in its entirety and inserting therein:

/     (G)   A person who violates a provision of this section, upon conviction, must be imprisoned for a mandatory minimum of one year, no part of which may be suspended nor probation granted.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 970 (Word version) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.

H. 4626 (Word version) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON 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.

S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.

H. 5056 (Word version) -- Reps. Stille, M.A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.

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

H. 4678 (Word version) -- Reps. J.R. Smith, Clark, Clyburn, D.C. Smith, Stewart and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 4679 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 7-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN LEE 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, AND CORRECT CERTAIN REFERENCES.

H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO 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.

On motion of Senator GLOVER, with unanimous consent, H. 4919 was ordered to receive a third reading on Wednesday, April 7, 2004.

H. 4923 (Word version) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 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.

On motion of Senator HUTTO, with unanimous consent, H. 4923 was ordered to receive a third reading on Wednesday, April 6, 2004.

H. 4772 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1120 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO THE ARTICLE RURAL HOSPITALS FOR RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.

Senator MOORE explained the Bill.

S. 1085 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.

Senator ALEXANDER explained the Joint Resolution.

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.

H. 4028 (Word version) -- Reps. Cotty and McGee: A BILL TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.

Senator ALEXANDER explained the Bill.

H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.

H. 4723 (Word version) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Tripp, Wilkins and Mahaffey: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO CHANGE THE NAME OF A COUNTY TRANSPORTATION COMMITTEE TO THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THE PARTICULAR COUNTY.

Senator J. VERNE SMITH explained the Bill.

H. 4823 (Word version) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J.E. Smith, Talley, Taylor and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.

Senator ALEXANDER explained the Bill.

H. 5057 (Word version) -- Reps. Stille, M.A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 1082 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

H. 4969 (Word version) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG 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.

S. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15 SO AS TO AUTHORIZE A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER TO SECURE DEPOSITS MADE BY THEM IN THE FORM OF A LETTER OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.

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

The Committee on Judiciary proposed the following amendment (JUD0668.004), which was adopted:

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

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15, SO AS TO AUTHORIZE A BANK OR SAVINGS AND LOAN ASSOCIATION, UPON DEPOSIT OF FUNDS BY A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER, TO SECURE THE DEPOSITS BY DEPOSIT INSURANCE, SURETY BONDS, COLLATERAL SECURITIES, OR LETTERS OF CREDIT TO PROTECT THE LOCAL ENTITY AGAINST LOSS, AND TO PROVIDE THE REQUIREMENTS FOR SECURING DEPOSITS THAT EXCEED THE AMOUNT OF INSURANCE COVERAGE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.

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

SECTION   1.   Chapter 5, Title 6 of the 1976 Code is amended by adding:

"Section 6-5-15.   (A)   As used in this section, 'local entity' means the governing body of a municipality, county, school district, other local government unit or political subdivision, or a county treasurer.

(B)   A bank or savings and loan association, upon the deposit of funds by a local entity, must secure these deposits by deposit insurance, surety bonds, collateral securities, or letters of credit to protect the local entity against loss in the event of insolvency or liquidation of the institution or for any other cause.

(C)   To the extent that these deposits exceed the amount of insurance coverage provided by the Federal Deposit Insurance Corporation, the bank or savings and loan association at the time of deposit must:

(1)   furnish an indemnity bond in a responsible surety company authorized to do business in this State; or

(2)   pledge as collateral:

(a)   obligations of the United States;

(b)   obligations fully guaranteed both as to principal and interest by the United States;

(c)   general obligations of this State or any political subdivision of this State; or

(d)   obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation; or

(3)   provide an irrevocable letter of credit issued by the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation, in which the local entity is named as beneficiary and the letter of credit otherwise meets the criteria established and prescribed by the local entity.

(D)   The local entity must exercise prudence in accepting collateral securities or other forms of deposit security."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 3594 (Word version) -- Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.

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

The Committee on Judiciary proposed the following amendment (JUD3594.003), which was adopted:

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

/   SECTION   1.   Section 23-3-620 of the 1976 Code, as amended by Act 99 of 2001, is further amended to read:

"Section 23-3-620.   (A)   Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)   a any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2000 July 1, 2004, for

(a)   a violent crime (Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11- 110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b)   involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender convicted or adjudicated delinquent on or after July 1, 2000 July 1, 2004, who is ordered by the court to provide a sample.

(B)   A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample shall must be taken at a prison, jail, or other location as specified by the sentencing court.

(C)   At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)   a person who was convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 July 1, 2004, for:

(a)   a violent crime (Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11- 110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b)   involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2000 July 1, 2004.

(D)   An agency having custody of an offender who is required to provide a DNA sample under subsection (C)(1) or (C)(2) must notify SLED at least three days, excluding weekends and holidays, before the individual is paroled or released from confinement.

(E)   At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1)   a person convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2000 July 1, 2004, for:

(a)   a violent crime (Section 16-1-60), excluding drug trafficking ( Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11- 110(A)); and arson in the second degree (Section 16-11-110(B)); or

(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, second degree (Section 16-11-312(A)); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon a child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000 July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2000 July 1, 2004.

(F)   A person who provides a sample pursuant to this article also must provide such any other information as may be required by SLED.

(G)   A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(H)   The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."

SECTION   2.   Section 23-3-630 of the 1976 Code is amended to read:

"Section 23-3-630.   (A)   Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker may take a sample from which DNA may be obtained.

(B)   A person taking a sample pursuant to this article is immune from liability provided if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood sample."

SECTION   3.   Section 23-3-640 of the 1976 Code is amended to read:

"Section 23-3-640.   (A)   Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED shall must conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED shall must use procedures, equipment, supplies, and computer software that is are compatible with those used by the Federal Bureau of Investigation.

(B)   The DNA profile on a sample may be used:

(1)   to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;

(2)   to develop a population database when personal identifying information is removed;

(3)   to support identification research and protocol development of forensic DNA analysis methods;

(4)   to generate investigative leads in criminal investigations;

(5)   for quality control or quality assurance purposes, or both;

(6)   to assist in the recovery and identification of human remains from mass disasters;

(7)   for other humanitarian purposes including identification of missing persons.

(C)   The disposition of all samples obtained pursuant to this article are is at the discretion of SLED.

(D)   SLED must securely store DNA samples. The samples are confidential and must remain in the custody of SLED or a private laboratory designated by SLED if the laboratory's standards for confidentiality and security are at least as stringent as those of SLED."

SECTION   4.   Section 23-3-650 of the 1976 Code is amending by adding:

"Section 23-3-650.   (A)   The DNA sample and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED shall must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample.

(B)   A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C)   A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

SECTION   5.   Upon approval by the Governor, this act takes effect on July 1, 2004.   /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the committee amendment.

The committee amendment was adopted.

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

S. 985 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 23-3-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF THE SHERIFF AND SLED OF THE RELEASE OF A PERSON LISTED ON THE SEX OFFENDER REGISTRY, SO AS TO ADD THAT LOCAL LAW ENFORCEMENT ALSO MUST BE NOTIFIED OF THE RELEASE.

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

The Committee on Judiciary proposed the following amendment (JUD0985.002), which was adopted:

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

/   SECTION   1.   Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"Section 23-3-440.   (1)(A)   Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside, and SLED, and any local law enforcement agency (1) in the jurisdiction where the offender intends to reside and (2) which is listed on the SLED network, that the offender is being released and has provided an address within the jurisdiction of both the sheriff for that county and a local law enforcement agency. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2)(B)   The Department of Probation, Parole, and Pardon Services shall notify SLED and, the sheriff of the county where an offender is residing, and any local law enforcement agency (1) in the jurisdiction where the offender is residing and (2) which is listed on the SLED network, when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.

(3)(C)   The Department of Juvenile Justice shall notify SLED and, the sheriff of the county where an offender is residing, and any local law enforcement agency (1) in the jurisdiction where the offender is residing and (2) which is listed on the SLED network, when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must shall provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must shall ensure that the person has registered.

(4)(D)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall must be collected in the event the offender fails to register with his county sheriff."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator ALEXANDER proposed the following amendment (JUD0985.003), which was adopted:

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

/   SECTION   1.   Section 23-3-440 of the 1976 Code, as last amended by Act 384 of 1998, is further amended to read:

"Section 23-3-440.   (1)   Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or prior to an offender being placed on parole, the Department of Corrections or the Department of Probation, Parole, and Pardon Services, as applicable, SLED shall notify the sheriff of the county where the offender intends to reside, and any local law enforcement agency (1) in the jurisdiction where the offender intends to reside and (2) which is listed on the SLED network, SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county and a local law enforcement agency. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2)   The Department of Probation, Parole, and Pardon Services SLED shall notify SLED and the sheriff of the county where an offender is residing, and any local law enforcement agency (1) in the jurisdiction where the offender intends to reside and (2) which is listed on the SLED network, when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole, and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole, and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.

(3)   The Department of Juvenile Justice SLED shall notify SLED and the sheriff of the county where an offender is residing, and any local law enforcement agency (1) in the jurisdiction where the offender intends to reside and (2) which is listed on the SLED network, when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must shall provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility. The parents or legal guardian of a person under seventeen years of age who is required to register under this chapter must shall ensure that the person has registered.

(4)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall must be collected in the event the offender fails to register with his county sheriff."

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

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 and ordered placed on the Third Reading Calendar.

H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

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

Senators MOORE, MARTIN and WALDREP proposed the following amendment (JUD3235.006), which was adopted:

Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting therein the following:

TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

SECTION   1.   Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.   (A)   There is created the South Carolina Administrative Law Judge Division Court, which is an agency of and a court of record within the executive branch of the government of this State. Effective March 1, 1994, the division The court shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B)   The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

SECTION   2.   Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.   (A)   A full and complete record shall must be kept of all contested cases and regulation hearings before an Administrative Law Judge administrative law judge. All testimony shall be reported, and but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript shall be is responsible for the costs involved. Proceedings before Administrative Law Judges administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall administrative law judge must render the decision in a written order. The decisions or orders of these Administrative Law Judges administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)   An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division Court.

(C)   Departments shall notify the Administrative Law Judge Division of all pending contested cases All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the notification filing of the request, the chief judge shall assign an administrative law judge to each contested the case.

(D)   An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380.

(E)   Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

SECTION   3.   Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3235.003), which was adopted:

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

/   SECTION   1.   Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.   (A)   There is created the South Carolina Administrative Law Judge Division Court, which is an agency of and a court of record within the executive branch of the government of this State. Effective March 1, 1994, the The division court shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B)   The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

SECTION   2.   Section 1-23-560 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-560.   Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and by those provisions of Chapter 13, Title 8 that are applicable to members of the unified court system. The Commission on Judicial Conduct is responsible for enforcement and administration of the Code of Judicial Conduct, and the State Ethics Commission is responsible for enforcement and administration of those rules the State Ethics Reform Act of 1991 pursuant to Section 8-13-320."

SECTION   3.   Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.   (A)   A full and complete record shall must be kept of all contested cases and regulation hearings before an Administrative Law Judge. All testimony shall be reported, and but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript shall be is responsible for the costs involved. Proceedings before Administrative Law Judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall must render the decision in a written order. The decisions or orders of these Administrative Law Judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)   An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division Court.

(C)   Departments shall notify the Administrative Law Judge Division of all pending contested cases All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party which files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the notification filing of the request, the chief judge shall assign an administrative law judge to each contested the case.

(D)   An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380.

(E)   Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

SECTION   4.   Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 4647 (Word version) -- Reps. Scarborough, Altman and Harrell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEWLY CONSTRUCTED BRIDGE THAT CROSSES THE STONO RIVER IN CHARLESTON COUNTY IN MEMORY OF PAUL J. GELEGOTIS, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "PAUL J. GELEGOTIS MEMORIAL BRIDGE".

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

H. 4614 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".

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

H. 4830 (Word version) -- Reps. Littlejohn, Talley, Sinclair and W.D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 176 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH COUNTRY CLUB ROAD TO THE SPARTANBURG COUNTY-UNION COUNTY LINE IN HONOR OF RETIRED SOUTH CAROLINA SUPREME COURT CHIEF JUSTICE CAMERON BRUCE LITTLEJOHN, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STRETCH OF HIGHWAY CONTAINING THE WORDS "BRUCE LITTLEJOHN BOULEVARD".

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

H. 4173 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN FAIRFIELD COUNTY THAT BEGINS AT THE INTERSECTION OF UNITED STATES HIGHWAY 321 BUSINESS AND UNITED STATES HIGHWAY 321 BY-PASS ON THE NORTH SIDE OF THE TOWN OF WINNSBORO AND ENDS AT THE FAIRFIELD/CHESTER COUNTY LINE WEBSTER ANDERSON UNITED STATES CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "WEBSTER ANDERSON CONGRESSIONAL MEDAL OF HONOR RECIPIENT HIGHWAY".

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

H. 4290 (Word version) -- Reps. Thompson, Cooper, Frye, Martin, Stille, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA SECONDARY HIGHWAY 77 IN ANDERSON COUNTY FROM SOUTH CAROLINA HIGHWAY 20 TO BEAVER DAM ROAD (SOUTH CAROLINA SECONDARY HIGHWAY 75) IN HONOR OF MR. DAVID R. CHASTAIN AND TO INSTALL APPROPRIATE MARKERS ON SIGNS ON THE BRIDGE CONTAINING THE WORDS "DAVID R. CHASTAIN HIGHWAY".

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

H. 4882 (Word version) -- Reps. Cooper, Thompson, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF STATE HIGHWAY 88 IN ANDERSON COUNTY FROM STATE HIGHWAY 81 TO U.S. HIGHWAY 178 AS THE "KIMBERLY HAMPTON MEMORIAL HIGHWAY" IN HONOR OF THE LATE CAPTAIN KIMBERLY HAMPTON OF EASLEY WHO LOST HER LIFE IN IRAQ WHILE PILOTING A HELICOPTER.

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

H. 4617 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT INTERSTATE HIGHWAY I-385 AND UNITED STATES HIGHWAY U.S. 49 IN LAURENS COUNTY THE "GEORGE L. PHINNEY MEMORIAL INTERCHANGE" IN HONOR OF THE LATE GEORGE L. PHINNEY, WHOSE GOOD WORKS AND GOOD DEEDS MADE LAURENS COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS COUNTRY BETTER PLACES TO LIVE, AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator VERDIN proposed the following amendment (NBD\12408MM04), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, line 6, by deleting / United States Highway U. S. 49 / and inserting /South Carolina Highway S. C. 49/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House.

H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2004, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator ALEXANDER proposed the following amendment (4984R001.TCA), which was adopted:

Amend the concurrent resolution, as and if amended, by striking the resolution in its entirety and inserting:
/   A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2004, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted often for hundreds of years; and

Whereas, the winners of the 2004 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 2004 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, invite the winners of the 2004 Jean Laney Harris Folk Heritage Awards and the members of the 2004 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon, on Wednesday, April 21, 2004, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2004 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

Be it further resolved:

(1)   That at the conclusion of the joint session for the 2004 Jean Laney Harris Folk Heritage Awards, the House of Representatives and the Senate shall meet in joint session in the Hall of the House of Representatives, for the purpose of electing members of the boards of trustees of Clemson University, The Citadel, Coastal Carolina University, College of Charleston, Francis Marion University, Lander University, Medical University of South Carolina, South Carolina State University, University of South Carolina, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2004, or whose positions otherwise must be filled.

(2)   That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House.

S. 392 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

Senator KUHN asked unanimous consent to make a motion to recommit the Bill to the Committee on Transportation.

There was no objection and the Bill was recommitted to the Committee on Transportation.

The following Bills and Joint Resolutions were objected to:

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

Senator KNOTTS objected to further consideration of the Joint Resolution.

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

Senator KNOTTS objected to further consideration of the Joint Resolution.

S. 38 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENFORCE THE PROVISIONS OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPREHENSION AND LIABILITY ACT OF 1980, SO AS TO ADOPT THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 AS THE LAW OF THIS STATE AND TO REQUIRE AN OWNER OF A FACILITY RECEIVING CERTAIN HAZARDOUS CHEMICALS TO PROVIDE MATERIAL SAFETY DATA SHEETS TO THE DEPARTMENT WITHIN THREE BUSINESS DAYS AFTER RECEIVING THESE CHEMICALS IF NO SUCH SHEETS HAVE BEEN PREVIOUSLY REPORTED.

Senator KNOTTS explained the Bill.

Senator RICHARDSON objected to further consideration of the Bill.

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.

Senator MARTIN explained the Bill.

Senator JACKSON objected to further consideration of the Bill.

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

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

Senator PINCKNEY objected.

S. 1013 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.

Senators KUHN and RYBERG spoke on the Bill.

Senator MOORE objected to further consideration of the Bill.

S. 1015 (Word version) -- Senators Anderson, Glover, Ford, Matthews and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR AT LEAST TWO HOURS OF INSTRUCTION IN AN EXPLANATION OF THE CRIME OF LYNCHING AND THE PENALTIES IN EIGHTH THROUGH TWELFTH GRADES IN THE PUBLIC SCHOOLS OF THE STATE.

Senator MATTHEWS spoke on the Bill.

Senator KUHN objected to further consideration of the Bill.

S. 871 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.

Senator RYBERG objected to further consideration of the Bill.

S. 687 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.

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

Senator McCONNELL proposed the following amendment (SWB\5900CM04):

Amend the bill, as and if amended, by deleting Section 40-2-10(A) and inserting:

/(A)   There is created the South Carolina Board of Accountancy which shall carry out the purposes and enforce the provisions of this chapter. The board consists of nine members: five licensed certified public accountants, two licensed public accountants or licensed accounting practitioners, and two public members who are not engaged in the practice of public accounting, have no financial interest in the profession of public accounting, and have no immediate family member in the profession of public accounting. As used in this section, 'immediate family member' is defined in Section 8-13-100(18). Members must be appointed by the Governor with advice and consent of the Senate for terms of three years and until their successors are appointed and qualify. Vacancies may be filled by the Governor for unexpired terms. The Governor shall remove a member of the board for neglect of duty or other just cause./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator RICHARDSON argued contra to the amendment.

Senator FORD objected to further consideration of the Bill.

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

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

Senator VERDIN proposed the following amendment (SWB\ 5938CM04), which was adopted:

Amend the report of the committee, as and if amended, by striking Section 56-5-170 of the 1976 Code, as contained in SECTION 1 and inserting:

/   Section 56-5-170.   Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'.

(A)   Authorized emergency vehicles for purposes of this section include the following:

(1)   fire department vehicles;

(2)   police vehicles;

(3)   ambulances and rescue squad vehicles which are publicly owned;

(4)   coroners and deputy coroners' vehicles until January 1, 2006. After January 1, 2006, blue lights may be used or displayed only on vehicles driven by coroners or deputy coroners who have been certified as Class 3 law enforcement officers;

(5)   emergency vehicles designated by the fire department or the chief of police of a municipality;

(6)   county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;

(7)   Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties; and

(8)   public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, police department, sheriff's office, authorized county government litter enforcement office, or rescue squad.

(B)   Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Enforcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To 'display' means to be seen, whether activated or not.

(C)   A vehicle shall not display the word 'police' unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.

(D)   The provisions of this section do not apply to automobile dealerships, to police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency, or to persons designated by an agency owning such a vehicle to drive the vehicle or drive an auxiliary vehicle transporting such a vehicle. /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

Senate Transportation Committee proposed the following amendment (GJK\20979SD04), which was adopted:

Amend the bill, as and if amended, by striking Section 56-5-170 of the 1976 Code, as contained in SECTION 1 and inserting:

/   "Section 56-5-170.   Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'.

(A)   Authorized emergency vehicles for purposes of this section include the following:

(1)   fire department vehicles;

(2)   police vehicles;

(3)   ambulances and rescue squad vehicles which are publicly owned;

(4)   emergency vehicles designated by the fire department or the chief of police of a municipality;

(5)   county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;

(6)   Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties; and

(7)   public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, police department, sheriff's office, authorized county government litter enforcement office, or rescue squad.

(B)   Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Envorcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To 'display' means to be seen, whether activated or not.

(C)   A vehicle shall not display the word 'police' unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.

(D)   The provisions of this section do not apply to automobile dealerships or police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator KUHN objected to further consideration of the Bill.

The following Bills were carried over:

S. 906 (Word version) -- Senators Matthews, Hutto and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-90 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES TO USE THE PROVISIONS OF CHAPTER 2, TITLE 28 (EMINENT DOMAIN) TO ACQUIRE LAND FOR WHICH FUNDS ARE PROVIDED BY THE GENERAL ASSEMBLY.

Senators RITCHIE and MATTHEWS explained the Bill.

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

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.

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

S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Senator RITCHIE explained the Bill.

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

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

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

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

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

S. 798 (Word version) -- Senators Thomas and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.

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

The Committee on Judiciary proposed the following amendment (JUD0798.002), which was adopted:

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

/   SECTION   1.   Section 56-5-2942 is known and may be cited as "Hatley's Law".

SECTION   2.   Section 56-5-2942, as added by Act 61 of 2003, is amended to read:

"Section 56-5-2942.   (A)   A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, must not register a motor vehicle in his name solely or jointly and must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.

(B)   For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.

(C)   Upon sentencing notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized department must deny the registration of a motor vehicle or suspend the registration of all vehicles registered either solely or jointly to the person convicted.

(D)   Upon notification by a court in this State or by any other state of a conviction, in this State or any other state, for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:

(1)   thirty days for a second offense; or

(2)   two years for a third or subsequent offense.

to take place during the driver's license suspension pursuant to a conviction for The period of immobilization or denial of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all vehicles immobilized pursuant to this section.

(E)   An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.

(F)   An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:

(1)   he regularly drives the motor vehicle subject to immobilization;

(2)   the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;

(3)   no other vehicle is available for the use of the person;

(4)   the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of or pled guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; and

(5)   the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, or a combination thereof, or any law that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(G)   The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.

(H)   A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(I)   A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(J)   The court must assess Before a suspended registration or license plate may be reinstated, a fee of forty fifty dollars must be paid to the department for each motor vehicle owned by or registered to the person convicted, of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles to defray expenses."

SECTION   3.   Article 1, Chapter 21 of Title 50 of the 1976 Code is amended by adding:

"Section 50-21-118.   (A)   A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, must not register a water device in his name solely or jointly and must have all water devices owned by or registered to him immobilized if the person is a resident of this State, unless the water device has been confiscated.

(B)   For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the water device registration or certificate of number.

(C)   Upon notification of a conviction, plea of guilty or nolo contendere in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must deny the registration of a water device or suspend the registration of all water devices registered either solely or jointly to the person convicted.

(D)   Upon notification of a conviction, in this State or any other state, for a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics, the department must require the person convicted to surrender all certificates of number or water device registrations subject to immobilization pursuant to this section. The immobilization or denial of registration is for a period of:

(1)   thirty days for a second offense; or

(2)   two years for a third or subsequent offense.

The period for denial or suspension of registration begins on the date the person is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 50-21-112 or 50-21-113, or a combination thereof, or any law that prohibits a person from operating a water device while under the influence of intoxicating liquor, drugs, or narcotics. The department must maintain a record of all vehicles immobilized pursuant to this section.

(E)   An immobilized water device must be released to the holder of a bona fide lien on the water device when possession of the water device is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.

(F)   Before a suspended water device registration or certificate of number may be reinstated, a fee of fifty dollars must be paid to the department for each water device that was immobilized. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the department to defray expenses."

SECTION   4.   This act will become effective upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

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

Senator KNOTTS proposed the following amendment (GJK\20743SD03):

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

/SECTION   _____.   (A)   Section 61-4-520 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:

"( )   Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Applicants are not required to provide certification upon renewal of a license or permit."

(B)   Section 61-6-110 of the 1976 Code, as added by Act 415 of 1996, is amended by adding an appropriately numbered item at the end to read:

"( )   does not provide certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations before the issuance of a new license or permit. Applicants are not required to provide certification upon renewal of a license or permit."

(C)   Section 61-6-1820 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:

"( )   Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Applicants are not required to provide certification upon renewal of a license or permit."

(D)   Notwithstanding the general effect date of this act, this section takes effect on the first day of the third month after approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

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

On motion of Senators RICHARDSON and ALEXANDER, with unanimous consent, the Senate stood adjourned in memory of Mr. William S. Rose of Camden, S.C.

At 1:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 12:00 Noon.

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