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, hear a few words from St. Luke, Chapter 10:30:

"Now as they went on their way, He entered a certain village, where a woman named Martha welcomed Him into her home."
Let us pray.

Father, after all the good things said about Martha's sister, Mary, it was Martha who rattled the pots and pans in the kitchen preparing the meal. And it was Martha in the first place who had said, "Lord come into our house." She wanted her home to be blessed by the Lord's presence.

So we say, Father, at the beginning of a new day, "Come, into our State House." We will be talking about Your children, and maybe the budget, and people who are hurting and other complicated issues... and we need Your help... COME IN... HAVE MERCY! THANK YOU!
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, Crime Victims' Ombudsman, with term coterminous with Governor

Debora D. Curtis, Governor's Office - Crime Victim's Ombudsman, 1205 Pendleton Street, Room 463, Columbia, S.C. 29201

Referred to the Committee on Judiciary.

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

At-Large

Gayla S. McSwain, McNair Law Firm, 140 East Bay Street, Charleston, S.C. 29401 VICE Sherry S. Spence

Referred to the Committee on Judiciary.

Senator ALEXANDER introduced Dr. Ed Evans of Seneca, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 11:10 A.M., Senator LEATHERMAN was granted a leave of absence for the balance of the day.

The following were introduced:

S. 1190 (Word version) -- Senators Waldrep, Verdin, Alexander and Martin: A SENATE RESOLUTION TO CONGRATULATE J. C. MCCONNELL OF ANDERSON COUNTY ON HIS RETIREMENT AFTER THIRTY-FOUR YEARS OF TIRELESS SERVICE AS A PROFESSOR AT CLEMSON UNIVERSITY, COMMEND HIM FOR HIS LIFELONG DEDICATION TO THE ANIMAL AND VETERINARY SCIENCES PROGRAM, AND WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1191 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-42 SO AS TO ALLOW EMPLOYERS OF CERTIFIED EMERGENCY MEDICAL PERSONNEL FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME AN EMPLOYER WITH RESPECT TO SUCH PERSONNEL IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, TO DEFINE EMERGENCY MEDICAL PERSONNEL, AND TO PROVIDE THAT THE REQUIREMENTS FOR SUCH MEMBERSHIP AND REQUIREMENTS APPLICABLE FOR EMERGENCY MEDICAL TECHNICIANS TO BECOME MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM ARE IDENTICAL TO THE REQUIREMENTS APPLICABLE TO EMPLOYERS OF FIREFIGHTERS AND REQUIREMENTS APPLICABLE FOR FIREFIGHTERS TO BECOME MEMBERS, WITH THE APPROPRIATE CHANGES MADE.
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Read the first time and referred to the Committee on Finance.

S. 1192 (Word version) -- Senators Waldrep and Elliott: A BILL TO AMEND SECTION 1-31-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE COMMISSION OF MINORITY AFFAIRS, SO AS TO REQUIRE THE APPOINTMENT OF AT LEAST ONE NATIVE AMERICAN AS A COMMISSION MEMBER.
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Read the first time and referred to the Committee on Judiciary.

S. 1193 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator MOORE, with unanimous consent, S. 1193 was ordered to receive a second reading with notice of general amendments on third reading on the next legislative day.

S. 1194 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES
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Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator MOORE, with unanimous consent, S. 1194 was ordered to receive a second reading with notice of general amendments on third reading on the next legislative day.

S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1196 (Word version) -- Senators McConnell, Courson and Ford: A CONCURRENT RESOLUTION TO APPROVE THE SITE RECOMMENDED BY THE HUNLEY COMMISSION FOR THE DISPLAY AND EXHIBITION OF THE H. L. HUNLEY IN NORTH CHARLESTON, SOUTH CAROLINA, SUBJECT TO THE EXECUTION OF AN ACCEPTABLE CONTRACT BETWEEN THE HUNLEY COMMISSION AND THE CITY OF NORTH CHARLESTON.
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On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4130 (Word version) -- Reps. Cato, Tripp, G. R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.

Read the first time and, on motion of Senator MARTIN, with unanimous consent, H. 4130 was ordered placed on the Calendar without reference.

H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Owens and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.

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

H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.

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

H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White, Young and Owens: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.

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

H. 5157 (Word version) -- Reps. J. Brown, M. Hines, Clyburn, Breeland, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1954 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.

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

H. 5158 (Word version) -- Reps. G. M. Smith, G. Brown, Weeks, J. H. Neal, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE RON SMITH OF SUMTER COUNTY FOR HIS TWENTY-ONE YEARS OF SERVICE AS DIRECTOR OF THE SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES AND PRAISE HIM FOR HIS CONTINUED DEDICATION.

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

Senator THOMAS from the Committee on Banking and Insurance polled out S. 682 favorable with amendment:

S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.

Thomas                    Setzler                   Courson
Patterson                 Reese                     Hayes
Jackson                   Martin                    Rankin
Alexander                 Richardson                Ford
Ritchie                   Cromer

Leatherman                McConnell                 Matthews

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.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator McCONNELL was recognized.

On motion of Senator MARTIN, the Bill was carried over, with Senator McCONNELL retaining the floor.

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

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

H. 5112 (Word version) -- Reps. Miller and Snow: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN GEORGETOWN COUNTY AND TO 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.

H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J.E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J.R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.

By prior motion of Senator PEELER, with unanimous consent

The following House Bill was read the third time and ordered returned to the House with amendments:

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.

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

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.

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.

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

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

Senator RITCHIE moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading.

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

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

SECTION   1.   In accordance with Section 10-1-165(B) of the Code of Laws of South Carolina, 1976, the City of Spartanburg is hereby authorized to move a statue of Revolutionary War hero General Daniel Morgan to a new location that is approximately 154.37' southwest of its present location near North Church Street in downtown Spartanburg. This move will place the statue in the center of what is known as Morgan Square and will provide for the correct orientation of the statue to face easterly towards the Cowpens battlefield. Upon its relocation, the General Morgan statue will take center stage in the revitalization of Morgan Square and will provide for greater citizen access and viewing.

SECTION   2.   This joint resolution takes effect upon approval by the Governor.

The question then was the third reading of the Joint Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.

S. 1025 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.

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

Senator ELLIOTT proposed the following amendment (JUD1025.001), which was adopted:

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

/   SECTION   ___.   Section 1-3-240 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"Section 1-3-240.   (A)   Any officer of the county or State, except; may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; however, before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity after reasonable notice to be heard. This subsection does not apply to:

(1)   an officer whose removal is provided for in Section 3 of Article XV of the State Constitution; or

(2)   an officer guilty of the offense named in Section 8 of Article VI of the Constitution; or

(3)   pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, as provided in subsection (B), either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.

(B)   Any A person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.

(C)(1)   Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)(a)   Workers' Compensation Commission;

(2)(b)   Commission of the Department of Revenue;

(3)(c)   Ethics Commission;

(4)(d)   Election Commission;

(5)(e)   Professional and Occupational Licensing Boards;

(6)(f)   Juvenile Parole Board;

(7)(g)   Probation, Parole and Pardon Board;

(8)(h)   Director of the Department of Public Safety;

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

(10)(j)   Chief of State Law Enforcement Division;

(11)(k)   South Carolina Lottery Commission; and

(12)(l)   Executive Director of the Office of Regulatory Staff;

(m)   South Carolina Public Service Authority; and

(n)   South Carolina State Ports Authority.

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

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

H. 4764 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO DECREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM SEVEN TO FIVE.

S. 286 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640, SO AS TO PROVIDE FOR THE CRIME OF INTERFERENCE WITH THE OPERATION OF A PUBLIC TRANSIT OR PASSENGER VEHICLE.

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 (JUD0286.001), which was adopted:

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

/   SECTION 1.   Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-640.   (A)   A notice must be prominently displayed in each vehicle or conveyance used for the transportation of the public for hire which must state substantially the following:   'IT IS A CRIME TO ASSAULT A DRIVER, OPERATOR, OR EMPLOYEE OF A TRANSPORTATION FACILITY OR SYSTEM ENGAGED IN THE BUSINESS OF TRANSPORTATION FOR HIRE.'

(B)   A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with the operation of a public transit vehicle or impairs the ability of the operator to operate the public transit vehicle by:

(1)   intentionally, knowingly, or recklessly committing an assault and battery that causes bodily injury to the operator of the public transit vehicle; or

(2)   intentionally, knowingly, or recklessly committing an assault and battery that does not cause bodily injury to the operator of the public transit vehicle.

(C)   For the purposes of this section, 'public transit vehicle' is any transit vehicle used for the transportation of passengers in return for lawfully charged fees or fares.

(D)(1)   Interference with the operator of a public transit vehicle where no bodily injury results from the violation is a misdemeanor and, upon conviction, the violator must be fined not less than one thousand dollars or imprisoned for not more than three years, or both.

(2)   Interference with the operator of a public transit vehicle where bodily injury results from the violation is a felony punishable by a fine of not more than ten thousand dollars or imprisonment for not more than ten years, or both."

SECTION 2.   This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator GROOMS objected to further consideration of the Bill.

S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.

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

On motion of Senator LAND, with unanimous consent, the Senate stood adjourned in memory of Mr. William E. Clark, formerly of Manning, S.C., beloved uncle of Beth Dworjanyn, Director of the Office of Senate Finance.

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 23, 2004, it stand adjourned to meet next Tuesday, April 27, 2004, at 12:00 Noon, which motion was adopted.

At 11:27 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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